House of Lords Journal Volume 27: February 1750, 21-28

February 1750, 21-28

DIE Mercurii, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Manchester Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fifth Year of the Reign of His present Majesty, for repairing and amending the Roads leading from the Town of Manchester, in the County of Lancaster, through the Town of Ashton under Line, and Parish of Mottram Longdendale, and from thence to Salter's Brooke, in the County Palatine of Chester."

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

It was Resolved in the Affirmative.

Kendal to take the Name of Cater, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Beckford Kendall Esquire, now called Beckford Kendall Cater, and his Issue Male, to take and use the Surname and Arms of Cater"

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

It was Resolved in the Affirmative.

Messages to H C that the Lords have agreed to the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Lane and Mr Waple

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

L Montfort & al Shepheard's Executors, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Executors and Trustees of Samuel Shepheard Esquire, deceased, to sell his House at Exning in Suffolk and in Cavendish Square, and the Plate and Furniture thereto belonging, and to apply the Money produced by such Sale as the Court of Chancery shall direct or appoint."

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 Thursday the 8th Day of March next, at the usual Time and Place, and to adjourn as they please.

Charter against His Majesty's Advocate.

After hearing Counsel in Part, in the Cause wherein Francis Charteris of Ampsfield Esquire is Appellant, and William Grant Esquire His Majesty's Advocate for Scotland Respondent.

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

Adjourn.

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

DIE Jovis, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Loyne River, Navigation Bill.

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

With a Bill, intituled, "An Act for improving the Navigation of the River Loyne, otherwise called Lune, and for building a Quay or Wharf near the Town of Lancaster, in the County Palatine of Lancaster," to which they desire the Concurrence of this House.

Fulham Road, Bill.

A Message was brought from the House of Commons, by Sir Peter Thompson and others.

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Fulham, in the County of Middlesex, through Fulham Fields, to the great Road near the Pound at Hammersmith, in the said County," to which they desire the Concurrence of this House.

Great Yarmouth Haven, Bill.

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

With a Bill, intituled, "An Act for repairing, improving, and maintaining, the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers emptying themselves into the said Haven, and also for preserving Ships wintering therein from Accidents by Fire," to which they desire the Concurrence of this House.

The said Bills were all read the First Time.

His Majesty's Advocate against D of Gordon.

Upon reading the Petition and Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, for and on Behalf of His Majesty complaining of an Interlocutor, or Decree, of the Lords of Session in Scotland, of the 26th of January last, made upon a Claim offered to the Court of Session by Cosmo George Duke of Gordon, bearing to be made and entered by William Fraser Writer to the Signet, Factor constituted by the said Duke for that Effect, upon the forfeited Estate of Donald Cameron late of Lochiel, and praying, "That the said Interlocutor, or Decree, may be reversed, varied, or amended, or such other Relief given as to the great Wisdom and Justice of this House shall seem meet"

It is Ordered, That the said Duke may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 22d Day of March next, and that Service of this Order on the said William Fraser, or upon any of the Counsel or Agents of the said Duke, be deemed good Service.

Message from H C to return Dr Schomberg's Nat. Bill,

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

To return the Bill, intituled, "An Act for naturalizing Isaac Schomberg Doctor in Physick," and to acquaint this House, that they have agreed to the same, without any Amendment.

and Mandrot & al Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Peter Mandrot and Lewis Chavanel," and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Charteris against His Majesty's Advocate.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Francis Charteris of Ampsfield Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 5th of July last, made on the Behalf of the Crown, and also of another Interlocutor of the said Lords, of the 18th of the same Month, whereby they adhered to their former Interlocutor, and praying, "That the same might be reversed and altered" As also upon the Answer of William Grant Esquire, His Majesty's Advocate for Scotland, 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 said Interlocutors therein complained of be, and the same are hereby, affirmed.

Adjourn.

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

DIE Lunæ, 26^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E Suffolk takes the Oaths.

The Earl of Suffolk and Berkshire took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Adjuration, pursuant to the Statutes.

National Debt, State of, de livered.

The House being informed, "That Mr Jennings, from the Exchequer, attended"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty, of the 9th Instant,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1748, and 31st of December 1749, 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"

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

Ordered, That the same do lie on the Table.

Loyne River Navigation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for improving the Navigation of the River Loyne, otherwise called Lune, and for building a Quay or Wharf near the Town of Lancaster, in the County Palatine of Lancaster."

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

Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place, and to adjourn as they please.

Fulham Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Fulham, in the County of Middlesex, through Fulham Fields, to the great Road near the Pound at Hammer smith, in the said County."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them; to meet on the same Day, at the same Place, and to adjourn as they please.

Yarmouth Haven, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing, improving, and maintaining, the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers emptying themselves into the said Haven, and also for preserving Ships wintering therein from Accidents by Fire."

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships, or any Five of them; to meet on the same Day, at the same Place, and to adjourn as they please.

Prosecutions for Perjury more easy, Bill.

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

With a Bill, intituled, "An Act to render Prosecutions for Perjury and Subornation of Perjury more easy and effectual," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

His Majesty's Advocate to amend Appeal against the D. of Gordon.

A Petition of William Grant Esquire, His Majesty's Advocate, on Behalf of His Majesty, was presented, and read, praying, "That he may be at Liberty to amend his Appeal presented to this House on Thursday last, by adding an Interlocutor of the Lords of Session in Scotland, of the 16th Instant, no Copy of the said Appeal having yet been taken out."

And thereupon Mr Alexander Ross, the Appellant's Agent, was called in, and heard at the Bar.

And being withdrawn.

Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired.

Sir T Mostyn & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Thomas Mostyn Baronet; praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Sir Thomas Mostyn Baronet, in the County of Anglesea, for Payment of Debts, and for providing a Recompense to his Eldest Son and Issue, in Lieu thereof."

Needham & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Needham Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estates of John Needham Esquire and Anne his Wife, John Leche Esquire and Mary his Wife, and Elizabeth Hurleston, for discharging Encumbrances affecting the same, and other Purposes therein mentioned."

Hay peremptorily to answer Sir T Hay's Appeal.

The House was informed, "That Mr. Thomas Hay, Respondent to the Appeal of Sir Thomas Hay Baronet, has not put in his Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Andrew Chalmer 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.

Adjourn.

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

DIE Martis, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir T Hay against Hay.

The Answer of Thomas Hay of Mordington, to the Appeal of Sir Thomas Hay of Alderston Baronet, was brought in.

Loyne River Navigation, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for improving the Navigation of the River Loyne, otherwise called Lane, and for building a Quay or Wharf near the Town of Lancaster, in the County Palatine of Lancaster," was committed. "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Yarmouth Haven, Bill.

The Earl of Warwick made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing, improving, and maintaining, the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers emptying themselves into the said Haven, and also for preserving Ships wintering therein from Accidents by Fire," was committed.

Fulham Road, Bill.

His Lordship made the same Report from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Fulham, in the County of Middlesex, through Fulham Fields, to the great Road near the Pound at Hammersmith, in the said County," was committed.

Sir T Mostyn's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Sir Thomas Mostyn Baronet, in the County of Anglesea, for Payment of Debts, and for providing a Recompense to his Eldest Son and Issue, in Lieu thereof."

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

Then Lordships, or any Five of them, to meet on Wednesday the 14th Day of March next, at the usual Time and Place, and to adjourn as they please.

Cowper Leive for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Cowper Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable William Cowper Esquire to settle a Jointure upon his present Wife, and to make Leases of certain Estates in the County of Hertford"

Dolman & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Dolman Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for empowering Trustees to raise Money out of the settled Estate of Robert Dolman Esquire, for discharging several Debts and Sums of Money contracted and borrowed by him"

Dicconson & Ux Leave for a Bill to sell Stanley's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Dicconson Esquire and Meliora his Wife, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Estates of Richard Stanley Esquire, a Lunatick, lying in the Counties of Kent and Middlesex, in Trustees, to be sold, for the Payment of several Debts and Encumbrances thereon, and for other Purposes therein mentioned."

Needham's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estates of John Needham Esquire and Anne his Wife, John Leche Esquire and Mary his Wife, and Elizabeth Hurleston, for discharging Encumbrances affecting the same, and other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Wigan Road repairing, Bill.

A Message was brought from the House of Commons by the Lord Strange and others.

With a Bill, intituled, "An Act for enlarging the Term and Powers granted and continued by Two former Acts of Parliament, for repairing, widening, and amending, the Roads from Wigan to Preston, in the County Palatine of Lancaster, and for making the said Acts more effectual," to which they desire the Concurrence of this House.

Northampton Road repairing, Bill.

A Message was brought from the House of Commons, by Sir Edmund Isham and others.

With a Bill, intituled, "An Act for enlarging the Term and Powers granted and continued by Two Acts of Parliament, for amending the Highways leading from Brampton Bridge to Welford Bridge, in the County of Northampton, and the great Post Road from Morter-Pit-Hill to Chain Bridge, leading into Market Harborough, in the County of Leicester; and for explaining and making more effectual the said Acts, and also for repairing the Roads leading from Morter Pit-Hill and Brampton Bridge to the Town of Northampton;" to which they desire the Concurrence of this House.

Culcheth Commons enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming Articles of Agreement, for enclosing and dividing the Commons and Waste Grounds, within the Manor of Culcheth, in the County of Lancaster," to which they desire the Concurrence of this House.

The Three last mentioned Bills were read the First Time.

Adjourn.

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