House of Lords Journal Volume 25: February 1738, 21-28

February 1738, 21-28

DIE Martis, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

(fn. 1) Malt Bill.

The House (according to Order) was in a Committee on (fn. 1) this Bill.

And, being resumed, the Earl of Warwick reported, "That they had gone through the same, without any Amendment."

Late E. Anglesey's Will, Bill for exemplifying.

The Lord Bishop of Bristol presented to the House (pursuant to their Lordships Order Yesterday) a Bill, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

And the same was read the First Time.

Judges to prepare a Bill for exemplifying Wills, &c.

The House was moved, "That the Order made the 24th of March 1728, for the Judges to prepare and bring in a Bill, for the Exemplification of Wills, and making such Exemplification Evidence, might be read."

And the same being read accordingly:

Ordered, That the Judges do prepare and bring in a Bill, for the Exemplification of Wills and of Deeds enroled, and for making such Exemplifications, and authentic Copies of such Deeds enroled, to be Evidence in all Courts of Law and Equity in Great Britain and Ireland.

Banks's Petition referred to Judges.

Upon reading the Petition of Joseph Banks Esquire, of Reavesby Abby, in the County of Lincoln, and Joseph his Son and Heir; praying Leave to bring in a Bill, for explaining a Power contained in an Act made in the Ninth Year of His present Majesty, for the Benefit of the Petitioners Children, and making the same more effectual:

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

Lewis against Sawbridge.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Percival Lewis Esquire is Appellant, and Jacob Sawbridge and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 10th Day of March next.

Watson, to enter into Recognizance for M. Annandale.

The House being moved, "That Hugh Watson, of The Middle Temple, Gentleman, may be permitted to enter into a Recognizance for George Marquis of Annandale, on account of his Appeal depending in this House; he being beyond Sea:"

It is Ordered, That the said Hugh Watson may enter into a Recognizance for his Lordship, as desired.

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1736, and 31st of December 1737; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to the Address for State of the National Debt.

The Earl Fitzwalter acquainted the House, "That the Lords with White Staves (pursuant to the Order of Tuesday last) had presented to His Majesty the Address of this House, for a State of the National Debt; and that His Majesty had given Order, that the same be laid before this House accordingly."

Malt Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-eight."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Edwards:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Mackenzie against M. of Powis.

A Petition of William Marquis of Powis, Respondent to the Appeal of George Mackenzie Esquire, was presented, and read; setting forth, "That the Decree of the Court of Exchequer appealed from is but just passed; whereby the Petitioner has not been able to settle his Case, or instruct his Counsel, so as to be prepared for the Hearing To-morrow;" and praying, "That the same may be adjourned to a further Day."

And thereupon the Agents on both Sides were called in; and examined upon Oath, at the Bar, in relation to the Allegations of the said Petition:

And withdrawn:

Ordered, That the Hearing of the said Cause be put off to Wednesday next.

Late E. of Anglesey's Will, Bill for exemplifying.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.

Visc. Molyneux & al. Petition referred to Judges.

Upon reading the Petition of Richard Lord Viscount Molyneux and Mary Lady Molyneux his Wife, Caryl, William, Thomas, Mary, Elizabeth; and Anne Molyneux, Brothers and Sisters of the said Lord Molyneux, Dorothy Molyneux Daughter of the said Lord Molyneux, and Mary Clifton another Daughter of the said Lord Molyneux, for herself, and on Behalf of Mary, Juliana, Isabella, and Eleonora Clifton, her Daughters by her late Husband Thomas Clifton Esquire, deceased, who are all Infants; praying Leave to bring in a Bill, to charge a competent Part of certain Estates in the Petition mentioned, in the County of Lancaster, for raising Portions for the Children of Thomas Clifton Esquire, deceased, by the Petitioner Mary Clifton his Widow; and for other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Comyns; with the usual Directions, according to the Standing Order.

Lefebure against Garret:

Upon reading the Petition of Alexander Garret Esquire, Defendant in a Writ of Error brought into this House the last Session of Parliament; praying, "In regard Nicholas Lefebure, the Plaintiff in the said Writ, hath not assigned Errors thereon, pursuant to their Lordships Standing Order, that the same may be Non pros'd, with Costs:"

Order for a Non pros.

It is Ordered, That the Petitioner 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 Defendant in Error, the Sum of Twenty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Wood peremptorily to answer Moor's Appeal.

The House was informed, "That Henry Byam Wood, One of the Respondents to the Appeal of Robert Moore Esquire and others, had not put in his Answer thereunto, though his Clerk in Court had been duly served with the Order of this House for that Purpose."

And thereupon Mr. Watty Collier being called in; and attesting upon Oath, "That he duly served the said Order;"

And withdrawn:

Ordered, That the said Henry Byam Wood do peremptorily put in his Answer to the said Appeal in a Week.

Murray against Cathcart & al.

Upon reading the Petition and Appeal of Mr. Hugh Murray, of Kynnynmound, Advocate, accepting Trustee named in the last Settlement of James Rochead of Innerleith Baronet, deceased, in Behalf of the whole Persons for whose Behoof the said Trust-right is granted, and of James Dalrymple, Second Son of Sir James Dalrymple of Haills Baronet, and Hugh Somervell of Innerteill, Writer to His Majesty's Signet, Tutor ad Litem to the said James Dalrymple, an Infant; complaining of several Interlocutors of the Lords of Session in Scotland, made the 26th of January 173⁷/8, and 9th and 14th of February Instant, on the Behalf of Colonel James Cathcart and Mrs. Elizabeth Rochead; and praying, "That the same may be reversed, and such other Relief given the Appellants as to the House shall seem meet:"

It is Ordered, That the said Colonel James Cathcart and Mrs. Elizabeth Rochead 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 Thursday the 23d Day of March next; and that Service of this Order on their Agents, Solicitors, or Procurators, in the said Court of Session in Scotland, be deemed good Service.

Sir H. Dalrymple, to amend Appeal.

Upon reading the Petition of Sir Hew Dalrymple Baronet; setting forth, "That he is advised to add Part of the Interlocutor of the Lords of Session, complained of in his Appeal, which was omitted therein; and also to make Mrs. Mary Buchan a Respondent, who was a Party to the Suit before the said Lords; and likewise to alter some Words in the said Appeal;" and praying, "That he may amend the Appeal accordingly:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; and that the said Mrs. Mary Buchan may have a Copy thereof, when amended; and do put in her Answer thereunto, in Writing, within Four Weeks from that Time; and that Service of this Order on her Agent in the said Cause be good Service.

De Gols & al. against Ward & al.:

After hearing Counsel, on Monday and Tuesday last, upon the Petition and Appeal of Conrade de Gols Esquire and John Read Gentleman, Assignees of the Estate and Effects of John Ward, late of London, Merchant, a Bankrupt; complaining of a Decree of Dismission of the Court of Chancery, of the 4th of December 1736, made in a Cause wherein the Appellants were Complainants, and Philip Jones, Francis Pyle, Elizabeth Rogers, Ralph Ward, Knox Ward and Elizabeth his Wife, Thomas Nettleton, James Lamborne, and George Wallis, Defendants; and praying, "That the same may be reversed; and that the Appellants may have such other Relief as to the great Wisdom of this House shall seem meet:" As also upon the Answers of the abovenamed Defendants put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

And the unanimous Opinion of all the Judges having been this Day delivered, upon a Point of Law to them proposed:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of Dismission complained of in the said Appeal be, and the same is hereby, reversed: And it is further Ordered, That the said Court of Chancery do proceed to hear the said Cause, upon the Merits thereof, according to the Course of that Court.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.