House of Lords Journal Volume 27: January 1750, 11-20

January 1750, 11-20

DIE Jovis, 11^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Shanley against Harrison & al.

The Joint and several Answer of John Harrison, Mary Atkins, and Mary Mitchell otherwise Harrison, to the Appeal of Thomas Shanley Gentleman, was brought in.

F Sutherland peremptorily to answer Bavnes's Appeal.

The House was informed, "That William Earl of Sutherland had not put in his Answer to the Appeal of Walter Baynes Esquire and others, though duly served with the Order of this House for that Purpose'

And thereupon an Affidavit, made by Peter Balvaird Writer in Edinburgh, of the due Service of the said Order, being read.

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

Fitzgerald & Ux against Leslie & al.

The House was informed, "That a Person attended, in order to deliver in some Papers or Proceedings in the Cause wherein Robert Fitzgerald Esquire and Lucy his Wife are Appellants, and James Leslie Clerk and others Respondents"

Pleadings proved.

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

And then he was directed to withdraw.

Planket against Ld Viscount Kingsland & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Plunket of Portmarnock in the County of Dublin Gentleman, complaining of an Order of the Court of Chancery in Ireland, of the 3d of December 1748, made in a Cause wherein the Appellant was Plaintiff, and Henry Lord Viscount Kingsland, Francis Lord Baron of Athunry, both of the said Kingdom, and Thomas Wakeley Esquire, were Defendants, the said Order directing a Third Trial at Law of the same Issue after Two Verdicts had been already given in the Appellant's Favour, to the entire Satisfaction of the Judges who tired the same, and praying, "That the said Order might be reversed and set aside, and that this House would be pleased to make such further or other Order as the Nature and Circumstances of the Case might require, and as should be agreeable to Justice" As also upon the Answer of the said Lord Viscount Kingsland, Lord Athunry, and Thomas Wakeley, 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 Sprritual and Temporal in Parliament assembled, That the said Order complained of in the said Appeal be, and the same is hereby, reversed And it is hereby further Ordered, That the said Court do proceed to the Hearing of the Cause on the Equity reserved, according to the Course of that Court, and that, on such Hearing, the Appellant be bound by the Admission of his Counsel, mentioned in the said Order, "That there was no other Evidence given, at the Trial of the Cause in the Court of King's Bench in the said Kingdom, than what was Parole, of the Commencement or Duration of the Term claimed by the Appellant in the Premises in Question"

D Hamilton & al against E Haddinton & al.

Ordered, That the Hearing of the Cause wherein James Duke of Hamilton and Brandon and others are Appellants, and Thomas Earl of Haddinton and others Respondents, which stands for To-morrow, be put off to Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 15^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Williams & Ux Petition referred to Judges.

Upon reading the Petition of Robert Williams Esquire and Jane Williams his Wife, praying Leave to bring in a Bill, for Sale of Part of an Estate in the County of Anglesey, in the Petition mentioned, for discharging of Debts, and other Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Lanoe's Petition referred to Judges.

Upon reading the Petition of Margaret Lanoe, Widow and Relict, and One of the surviving Executors, of Colonel Charles Lanoe, deceased, for herself, and on the Behalf of Charles Lanoe her only Son and Margaret Lanoe her only Daughter, who are both Infants, and of Theophilus Bland Parson Esquire, the other surviving Executor of the said Colonel Charles Lanoe, and of Alexander Walker Esquire, praying Leave to bring in a Bill, for Sale of an Estate at Farley Hill, for discharging Debts and Legacies, 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 Justice Abney and Mr Baron Cave, with the usual Directions, according to the Standing Order.

Fitzgerald, new Order for Leslie & al to answer his Appeal.

A Petition of Robert Fitzgerald Esquire and Lucy his Wife, was presented, and read, setting forth, "That, on the 28th of November last, upon their Application to this House, an Order was made for James Leslie Clerk and others to put in their Answer to the Petitioners amended Appeal by the 2d of this Instant, but, by an unforeseen Accident, the said Order was not served before the Time for answering was elapsed," and praying, "That a new Order may be granted, for the Respondents to the said Appeal to put in their Answer on such short and convenient Day as to this House shall seem meet."

And thereupon the Petitioners Agent was called in, and heard, at the Bar.

And being withdrawn.

Ordered, That the said Respondents do put in their Answer or respective Answers to the said amended Appeal, in Writing, on or before Monday the 5th Day of February next, and that Service of this Order on their Clerk in Court be deemed good Service.

Message from H C with a Bill.

A Message was brought from the House of Commons, by Mr Poney and others.

With a Bill, intituled, "An Act for naturalizing Engelbert Hake," to which they desire the Concurrence of this House.

Claimants of the late E Kilmarnock's Estate peremptorily to answer the King's Advocate's Appeal,

The House was informed, "That the Claimants before the Court of Session in Scotland, in the Name of the Trustees of certain Lands which belonged to William late Earl of Kilmarnock attainted, had not put in their Answer to the Appeal of William Grant Esquire, His Majesty's Advocate, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by William Alston of the City of Edinburgh, Clerk to His Majesty's Signet, of the due Service of the said Order, being read.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

and the Clumant to the Estate of Lord Pitsligo also.

The House was also imormed, "That John Dickie, Clerk to the Signet, who claimed before the Court of Session on Behalf of Alexander Lord Forbes of Pitsligo, had not put in his Answer to the Appeal of William Grant Esquire, His Majesty's Advocate, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by William Alston aforesaid, of the due Service of the said Order, being read.

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

Kincard & al peremptorily to answer Millar's Appeal.

The House was likewise informed, "That Alexander Kincard and others, Respondents to the Appeal of Andrew Millar and others, had not put in their Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Steuart of the City of Edinburgh Writer, of the due Service of the said Order, being read.

Ordered, That the several Respondents to the said Appeal do peremptorily put in their Answer or respective Answers thereunto, in a Week.

D Hamilton & al against E Haddington & al.

After hearing Counsel in Part, upon the Petition and Appeal of James Duke of Hamilton and Brandon and others, complaining of several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, to which Thomas Earl of Haddington and others are Respondents.

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

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

DIE Martis, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Charteris against His Majesty's Advocate.

The Answer of William Grant Esquire, His Majesty's Advocate for Scotland, for His Majesty's Interest, to the Appeal of Francis Charteris of Amisfield, Esquire was brought in.

Phipps against E of Anglesey & al.

As was likewise, the several Answer of Richard Earl of Anglesey, also, the several Answer of Dame Mary Levinge Widow, and also, the several Answer of Mark White of the City of Dublin Gentleman, to the Appeal of Conslantine Phipps Esquire.

Committees of E Bradford, Bill.

The Earl of Warwick reported from the Lords Com mittees to whom the Bill, intituled, "An Act to empower the Committees of Thomas Earl of Bradford, a Lunatic, to lay out Part of his Personal Estate in the Purchase of Lands and Estates of Inheritance, for the Purposes therein mentioned," was committed That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Hakes Nat Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Engelbert Hake"

Cowper & Ux. & al. Petition referred to Judge.

Upon reading the Petition of William Cowper Esquire, (Eldest Son of William Cowper deceased, late Clerk or the Parliaments) and Maria Frances Cecilia Cowper his Wife, the Right Honourable William Earl Cowper, the Honourable Spencer Cowper the Elder, Doctor in Divinity and Dean of the Cathedral Church of Durham, the Honourable Theodora Cowper Widow and Relict of the Honourable Spencer Cowper deceased, late One of the Justices of His Majesty's Court of Common Pleas, who as Grandfather of the said Maria Francis Cecilia Cowper, John Cowper Doctor in Divinity, and Ashley Cowper Esquire (now Clerk of the Parliaments), Younger Brothers of the said William Cowper deceased, Spencer Cowper the Younger Esquire, Youngest Son of the said William Cowper deceased, William Cowper the Elder of Lincoln's Inn Fields in the County of Midd'x Esquire, Martin Madan the Elder Esquire Father of the said Maria Frances Cecilia Cowper, Martin Madan the Younger Esquire, and Samuel Cox Esquire, praying Leave to bring in a Bill, for establishing and rendering effectual the Agreements contained in certain Articles, in the Petition mentioned, previous to the Marriage of the Petitioner William Cowper with Maria Frances Cecilia his Wife.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clarke and Mr Baron Clive, with the usual Directions, according to the Standing Order.

D Hamilton & al against E Haddintor & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of James Duke of Hamilton and Brandon, Susanna Countess of Cassillis and John Earl of Cassillis her Husband, Dunbar Earl of Selkirk, William Earl of Ruglen and March, Alexander Hamilton of Pencaitland Esquire, and Anthony Sawyer Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th of November 1740, and also of Two Interlocutors of the Lord Ordinary, of the 10th and 17th of July 1745, and likewise of Two Interlocutors of the Lords of Session, of the 25th of November 1747, and also of an Interlocutor of the Lord Ordinary, of the 22d of February last, made on the Behalf of Thomas Earl of Haddington, George Lockhart of Cornwath Esquire, and others, and praying, "That so much of the said Interlocutors as affect the said Appellants might be reversed, altered, or varied, as to this House should seem meet' As also upon the Answer of the said Earl of Haddington, George Lockhart, and others, Creditors of James Duke of Hamilton, deceased, 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, in the First Interlocutor, pronounced the 25th of November 1747, complained of, after the Word ["Trustees"], and before the Words ["and remit"], these Words be there inserted, videlicet, ["and sustain the Pursuer's Title, according to the Terms and Effect of the respective Dispositions executed by the late Dutchess of Hamilton"], and that, in the other Interlocutor of the same Lords, of the said 25th of November 1747, after the Word ["Defender"], and before the Words "[and remit"], the abovementioned Words be there likewise inserted, videlicet, ["and sustain the Pursuer's Title, according to the Terms and Effect of the respective Dispositions executed by the late Dutchess of Hamilton"] And it is hereby further Ordered and Adjudged, That, with these Additions, the said several Interlocutors complained of in the said Appeal be, and the same are hereby, affirmed.

Adjourn.

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

DIE Veneris, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Baynes & al against E of Sutherland.

The Answer of William Earl of Sutherland, to the Appeal of Walter Baynes Esquire and others, was brought in.

Mortlock to take the Name of Pettiward, Bill.

A Message was brought from the House of Commons, by Mr Thomas Townshend and others.

With a Bill, intituled, "An Act to enable Roger Mortlock Doctor in Divinity, now called Roger Pettiward, and the Heirs of his Body, to take and use the Surname and Arms of Pettiward," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

D of Bedford takes the Oaths.

John Duke of Bedford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Bp of Norwich to preach 30th Inst.

Ordered, That the Lord Bishop of Norwich be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on the 30th Day of this Instant January.

Hake's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Engelbert Hake."

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.

Committees of E Bradford, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Committees of Thomas Earl of Bradford, a Lunatic, to lay out Part of his Personal Estate in the Purchase of Lands and Estates of Inheritance, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr Burroughs and Mr Allen

To carry down the said Bill, and desire their Concurrence thereunto.

L. Montfort & al. Petition referred to Judges.

Upon reading the Petition of Henry Lord Montfort, Peter Godfrey and John Waple, Esquires, the surviving Executors and Trustees named in the Will of Samuel Shepheard Esquire, deceased, for themselves and on the Behalf of Frances Shepheard, and Infant, praying Leave to bring in a Bill, for Sale of the House, Plate, Furniture, and Premises, at Exning, in the County of Suffolk, and the Plate and Part of the Furniture in the House in Cavendish Square, lately belonging to the said Samuel Shepheard, and the said House and the Remainder of the Furniture if convenient, and for laying out and disposing of the Money produced by such Sale as the Court of Chancery shall direct or appoint.

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 Legge, with the usual Directions, according to the Standing Order.

Sir W Maxwells Petition referred to Judges.

Upon reading the Petition of Sir William Maxwell of Monreith Baronet, and of William Maxwell his only Son, and Katharin and Jean Maxwell his only Daughters, by the said Petitioner their Father, in respect of their Infancy, and being under Age, praying Leave to bring in a Bill, to enable the Petitioner Sir William, or the Heir of Entail for the Time being, with Consent of Trustees, to sell certain Estates in Scotland, in the Petition mentioned, for paying and discharging the Debts affecting the same, and for laying out the Surplus arising thereby in the Purchase of other Lands more conveniently situated.

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 Dennison, with the usual Directions, according to the Standing Order.

Adjourn.

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