House of Lords Journal Volume 28: February 1753, 11-20

February 1753, 11-20

DIE Lunæ, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Grisel Craik against Jean Craik & al.

Upon reading the Petition and Appeal of Grisel Craik, only Child now on Life of Adam Craik of Duchrae, deceased; complaining of several Interlocutors of the Lords of Session in Scotland, of the 7th and 19th of December 1728, the 29th of January 173⁴/5, and 18th of July 1735; and also Part of an Interlocutor of the Lord Ordinary, of the 31st of January last; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House in their great Wisdom shall seem proper; and that Jean Craik Daughter to William Craik deceased, and John Steuart of Castle Steuart her Husband, William, James, Alexander, and John Steuarts, their Children, may be required to answer the said Appeal:"

It is Ordered, That the said Jean Craik and John Steuart her Husband, and William, James, Alexander, and John Steuarts, their Children, may have a Copy or Copies of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 12th Day of March next; and that Service of this Order on their Agent or Agents before the said Court of Session be deemed good Service.

Lords added to Committee on Pusey's Bill.

Ordered, That the Earl of Powis, the Lord Viscount Folkestone, and the Lord Romney, be added to the Committee to whom the Bill, intituled, "An Act for settling a Yearly Rent on the Rector of Pusey, in the County of Berks, and his Successors, in Lieu of his Tithes and Part of his Glebe, and vesting the said Tithes and Glebe in John Allen Pusey Esquire and his Heirs," stands committed.

Du Plessis against Attorney General.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Rose Du Plessis is Appellant, and Sir Dudley Ryder Knight, His Majesty's Attorney General, is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 9th Day of March next.

Gordon to enter into Recognizance for Sinclair.

The House being moved, "That Daniel Hugh Gordon may be permitted to enter into a Recognizance for Sidney Sinclair, on account of her Appeal depending in this House; she being in Scotland:"

It is Ordered, That the said Daniel Hugh Gordon may enter into a Recognizance for the said Appellant, as desired.

Ogilvie's Petition, to put off Hearing, rejected.

A Petition of Thomas Ogilvie, Defendant in a Writ of Error from the Court of Exchequer in Scotland, which stands for hearing on Friday next, was presented to the House, and read; praying, "In regard the Petitioner's Agent is not prepared for hearing the said Cause, and expects to receive further Instructions from Scotland; that the said Hearing may be put off for Three Weeks."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Petition be rejected.

Papers from African Company delivered.

The House being informed, "That Mr. Hollier, from the Committee of the Company of Merchants trading to Africa, attended:"

He was called in; and delivered, at the Bar,

"Accompts of the Money received and expended by the said Committee, for the Years 1750 and 1751."

And then he was directed to withdraw.

And the Titles of the said Accompts being read by the Clerk:

Ordered, That the same do lie on the Table.

Price against Baugh:

This Day being appointed, for the further hearing of the Cause wherein John Price Gentleman is Appellant, and Thomas Folliot Baugh Esquire Respondent:

Counsel were accordingly called in.

And the Appellant's Counsel acquainted the House, That the Parties were come to an Agreement; and that the Appellant desired that the Appeal may be dismissed; and that the Decree of the Court of Exchequer, of the 10th of February 1752, therein complained of, might be affirmed without Costs."

And the Respondent's Counsel informing the House, "That the Respondent consented thereto:"

The Counsel were directed to withdraw.

Judgement.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (by Consent of the Counsel on both Sides), That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and the same is hereby, affirmed.

Adjourn.

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

DIE Martis, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Small & Ux. Petition referred to Judges.

Upon reading the Petition of John Foyle Small Gentleman and Mary his Wife, for themselves, and on Behalf of John Small, their only Son, an Infant; praying Leave to bring in a Bill, for Sale of a settled Estate in the Isle of Wight; and for purchasing another Estate, in the County of Gloucester, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Baron Smyth; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Game Act, to amend, Bill:

The Order of the Day being read, for the Third Reading of the Bill, intituled, "An Act to amend an Act made in the Eighth Year of the Reign of His late Majesty King George the First, intituled, An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game, by enlarging the Time within which Suits and Actions are to be brought by Force of the said Act."

The said Bill was accordingly read the Third Time.

After Debate;

The Question was put, "Whether the said 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. Montague and Mr. Lane:

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

Address for Papers relative Nova Scotia.

A Motion was made, "That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies of such Papers as have passed between the Governors of His Majesty's Province of Nova Scotia, His Majesty's Principal Secretaries of State, and the Commissioners for Trade and Plantations, in relation to the settling of the said Colony; as also an Accompt of the several Sums of Money that have been granted by Parliament for the Support of the said Colony, and how the same have been applied; as likewise a distinct Accompt of the Expence of the present Establishment of the said Colony, as well Civil as Military."

After Debate;

An Amendment was proposed to be made to the said Motion; videlicet, "To leave out the Word ["Copies"]; and, instead thereof, to insert ["Extracts"]."

And the same was agreed to.

Another Amendment was also proposed to be made; videlicet, "After the Word ["Plantations"], to leave out the Words ["in relation"]; and, instead thereof, to insert ["and also of all Letters from His Majesty's Principal Secretaries of State to the Commissioners for Trade and Plantations, and all Letters from the Commissioners for Trade and Plantations to His Majesty's Principal Secretaries of State, from March 1748/9, to the present Time, so far as the same or any of them relate"]."

And the same was also agreed to.

And accordingly,

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, Extracts of such Papers as have passed between the Governors of His Majesty's Province of Nova Scotia, His Majesty's Principal Secretaries of State, and the Commissioners for Trade and Plantations; and also of all Letters from His Majesty's Principal Secretaries of State to the Commissioners for Trade and Plantations, and all Letters from the Commissioners for Trade and Plantations to His Majesty's Principal Secretaries of State, from March 1748/9, to the present Time, so far as the same or any of them relate to the settling of the said Colony; as also an Accompt of the several Sums of Money that have been granted by Parliament for the Support of the said Colony, and how the same have been applied; as likewise a distinct Accompt of the Expence of the present Establishment of the said Colony, as well Civil as Military."

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

Groset against Ogilvie, in Error; Judges to attend.

Ordered, That the Judges do attend this House on Friday next, when the Errors assigned in the Cause wherein Walter Groset Esquire is Plaintiff, and Thomas Ogilvie is Defendant, are appointed to be argued.

Adjourn.

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

DIE Veneris, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

State of the Parliament office and Clerk's House, delivered.

The House being informed, "That Mr. Flitcroft, from the Board of Works, attended:"

He was called in; and delivered, at the Bar, the Report of the said Board, pursuant to an Order of this House of the 2d Instant.

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the said Report do lie on the Table.

Pusey's Bill:

Ordered, That the Committee to whom the Bill, intituled, "An Act for settling a Yearly Rent on the Rector of Pusey, in the County of Berks, and his Successors, in Lieu of his Tithes and Part of his Glebe; and vesting the said Tithes and Glebe in John Allen Pusey Esquire and his Heirs," stands committed, be revived; to meet on Thursday next.

Industry encouraging, Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for encouraging Industry in the Kingdom, by removing certain Disabilities and Restraints contained in several former Acts."

Ordered, That the said Bill be read a Second Time on this Day Sevennight.

Accompt of Commissioners for the Military Road between Carlisle and Newcastle, delivered.

The House being informed, "That Mr. Cooper, from the Commissioners for making a Road between Carlisle and Newcastle, attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of the Twenty-fourth Year of His present Majesty,

"Commissioners for the County of Cumberland, Accompt with Gislingham Cooper, 1753."

"Commissioners for the County of Northumberland, Accompt with Gislingham Cooper, 1753."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accompts do lie on the Table.

Grosset against Ogilvie; Writ of Error.

Counsel were called in, to argue the Errors assigned upon the Writ of Error from the Court of Exchequer in Scotland, wherein Walter Grosset Esquire is Plaintiff, and Thomas Ogilvie is Defendant.

And the First Counsel for the Plaintiff in Error having been fully heard:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till Monday next; and that the Judges do then attend.

Todd to enter into Recognizance for Craik.

The House being moved, "That William Todd Merchant may be permitted to enter into a Recognizance for Grisel Craik, on account of her Appeal depending in this House; she being in Scotland:"

It is Ordered, That the said William Todd may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

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

DIE Lunæ 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Grosset against Ogilvie: Writ of Error;

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Writ of Error, wherein Walter Grosset Esquire is Plaintiff, and Thomas Ogilvie Defendant.

And the Second Counsel for the Plaintiff in Error having been fully heard;

As also the Counsel for the Defendant in Error:

And One Counsel having been likewise heard for the Plaintiff, by Way of Reply:

The Counsel were directed to withdraw.

It was proposed, "That the Judges be directed to deliver their Opinions upon the following Question; videlicet,

Question to the Judges.

"Whether the Offence of being assisting or concerned in the unshipping and relanding of the Tobacco, charged in the Information in this Cause, is released or discharged by the Act of Parliament, 18^o Georgii 2^di."

And the same being agreed to:

Ordered, That the further Consideration of this Cause be adjourned till To-morrow; and that the Judges do then attend, to deliver their Opinions upon the said Question.

Adjourn.

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

DIE Martis, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Penith to Chalk Beck Road, Bill.

A Message was brought from the House of Commons, by Colonel Stanwix and others:

With a Bill, intituled, "An Act for repairing the Road leading from the Town of Penrith, in the County of Cumberland, by Hutton Hall, over Skelton and Castlesowerby Pastures and Sebraham Bridge, to Chalk Beck, in the said County; and also the Road which branches and separates from the same Road upon Castlesowerby Pasture aforesaid, and leads from thence through Hesket, otherwise Hesket-New-Market, to Caldbeck, in the said County;" to which they desire the Concurrence of this House.

Peploe to take the Name of Peploe Birch.

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

With a Bill, intituled, "An Act to enable John Peploe Birch, an Infant, heretofore called John Peploe, to take and use the Surname of Peploe Birch only, pursuant to the Will of Samuel Birch Esquire, deceased;" to which they desire the Concurrence of this House.

Valk's Nat. Bill.

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

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

Schoen & al. Nat. Bill.

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

With a Bill, intituled, "An Act to naturalize John Henry Schoen, Peter Rodolph, George Alexander Fatio and William Du Bois;" to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Petition of Persons to be added to it.

Upon reading the Petition of William Konink and Henry Klausing; praying, "That their Names may be inserted in the last mentioned Bill:"

It is Ordered, That the said Petition do lie upon the Table till the said Bill be read a Second Time.

Grosset against Ogilvie; Writ of Error:

The Order of the Day being read, for the Judges to deliver their Opinions, upon the Question proposed to them Yesterday, on hearing the Errors argued, in the Cause wherein Walter Grosset is Plaintiff, and Thomas Ogilvy Defendant.

Judges Opinions delivered:

The Lord Chief Justice of the Common Pleas acquainted the House, "That the Judges had accordingly considered the said Question, and agreed in their Opinions; and his Lordship thereupon delivered their Reasons at large, and concluded with their Opinions; (videlicet,)

"That the Offence of being assisting or concerned in the unshipping and relanding of the Tobacco, charged in the Information in this Cause, is not released or discharged by the Act of Parliament of the Eighteenth Year of His present Majesty."

Judgement of the Court of Exchequer in Scotland reversed.

"Whereupon the following Order and Judgement was made;

"Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of Exchequer in Scotland was brought into this House, the Twentyeighth of March One Thousand Seven Hundred and Fifty-one, wherein Walter Grosset, who sues as well for the King as himself, is Plaintiff, and Thomas Ogilvy Defendant: And Counsel having been heard, as well on Friday last as Yesterday, to argue the Errors assigned upon the said Writ of Error; and the unanimous Opinion of the Judges having been delivered upon the Point of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the said Court of Exchequer in Scotland be, and the same is hereby, reversed: And it is further Ordered and Adjudged, That Judgement be given, in this Cause, for the King and the Informer."

The Tenor of the Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows:

"At which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, came the Parties aforesaid, by their Attornies aforesaid; whereupon the said Court of Parliament, having seen and fully understood all and singular the Premises, and having diligently examined and inspected the said Record and Process, and the Judgement thereupon given, and the said Causes and Matters above assigned for Error by the said Walter Grosset, who sues as well for our said Lord the King as for himself; it appears unto the said Court, that the said Judgement is erroneous; and that, in giving the aforesaid Judgement, there is manifest Error: Therefore it is considered by the same Court of Parliament aforesaid, that the Judgement aforesaid be reversed, annulled, and altogether held for nought; and that the said Walter Grossett, who sues as well for our said Lord the King as for himself, be restored to every Thing he hath lost by Occasion of the Judgement aforesaid; and because it also appears unto the said Court of Parliament, that the said Plea of the said Thomas Ogilvy, by him in Manner and Form aforesaid above pleaded, is not sufficient in the Law to discharge the said Thomas Ogilvy of the Forfeiture in the said Information mentioned; therefore it is further considered by the same Court, that the said Thomas Ogilvy be convicted of the Offence in the said Information mentioned; and that, for the said Offence, he doth forfeit the Sum of One Thousand Seven Hundred and Fifty-eight Pounds, Seventeen Shillings, and Two Pence, of lawful Money of Great Britain, being the Double Amount of the Drawback or Drawbacks of the several Parcels of Tobacco in the said Information mentioned; and that our said Lord the King and the said Walter Grosset, who prosecuteth and so forth, do recover against the said Thomas Ogilvy the said Sum of One Thousand Seven Hundred and Fifty-eight Pounds, Seventeen Shillings, and Two Pence, by him forfeited as aforesaid, according to the Form of the Statute in that Case made and provided; and that he the said Thomas Ogilvy be charged, towards our said Lord the King, with the Sum of Eight Hundred and Seventy-nine Pounds, Eight Shillings, and Seven Pence, for One Moiety of the said Forfeiture, and do satisfy the same to our said Sovereign Lord the King; and that he the said Thomas Ogilvy be also charged towards the said Walter Grosset, who prosecuteth and so forth, with another Sum of Eight Hundred and Seventy-nine Pounds, Eight Shillings, and Seven Pence, the other Moiety of the said Forfeiture, and do satisfy the same to the said Walter Grosset, who prosecuteth and so forth; and that he the said Walter Grosset, who prosecuteth and so forth, have the said Sum of Eight Hundred and Seventy-nine Pounds, Eight Shillings, and Seven Pence, as his Moiety of the said Forfeiture, for his own Use, by reason of the said Statute and other the Premises; and that the aforesaid Record, and also the Process had in the said Court of Parliament on the Premises by the said Court of Parliament, are sent back to the Court of the said Lord the King before the Barons of the said Court of Exchequer in Scotland aforesaid, to proceed thereupon, and do therein what to Law and Justice shall appertain."

Adjourn.

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