House of Lords Journal Volume 29: March 1760, 11-20

March 1760, 11-20

DIE Martis, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

West Farndon Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, of and in the Manor, Hamlets, and Liberties, of West Farndon, in the Parish of Woodford, otherwise Halse Woodford, in the County of Northampton;" to which (fn. 1) they desire the Concurrence of this House.

Oakhampton Roads, Bill.

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

With a Bill, intituled, "An Act for repairing several Roads leading to the Town of Oakhampton, in the County of Devon;" to which they desire the Concurrence of this House.

Gloucester and Hereford, Roads, Bill.

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

With a Bill, intituled, "An Act for making more effectual, and continuing the Term, and enlarging and altering the Powers, of an Act made in the Twentieth Year of His present Majesty's Reign, for repairing and widening the Road leading from the City of Gloucester towards the City of Hereford; and for repairing other Roads in the County of Gloucester, in the said Act mentioned;" to which they desire the Concurrence of this House.

New Shoreham Harbour, Bill.

A Message was brought from the House of Commons, by Sir William Peere Williams Baronet and others:

With a Bill, intituled, "An Act for erecting Piers and other Works, for the Security and Improvement of the Harbour of New Shoreham, in the County of Sussex, and for keeping the same in Repair;" to which they desire the Concurrence of this House.

The said Four Bills were read the First Time.

Message from H. C. to return Spencer's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Maria Elizabeth Spencer, Wife of Richard Spencer Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.

State of the National Debt delivered.

The House was informed, "That Mr. Wilford, from the Exchequer, attended."

He was called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty, of the 28th of February last,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 11th Day of January 1759, and on the 11th Day of January 1760; 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 Day of December 1716, the said Fund has been applied."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Freeman's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Inheritance of certain Estates in the County of Northampton, Part of the entailed Estate of John Freeman Esquire, in him, in Fee Simple; and for settling other Estates, in the Counties of Wilts and Middlesex, in Lieu thereof," 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

D. of Bridgewater's Navigation, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from or near Worsley Mill, over the River Irwell, to the Town of Manchester in the County Palatine of Lancaster, and to or near Longford Bridge in the Township of Stretford, in the said County," 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."

Cornabé and Lucadou, Nat. Bill.

René Cornabé and John Daniel Lucadou took the Oaths appointed, in order to their Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing René Cornabé and John Daniel Lucadou."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

D. of Devon's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the most Noble William Duke of Devonshire to make Leases, for any Term not exceeding Ninetynine Years, of certain Estates, lying in the Parish of Saint James Westminster, in the County of Middlesex, devised to him by the Will of the Right Honourable Dorotby Countess of Burlington, deceased."

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 Wednesday the 26th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Spencer's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower John Spencer Esquire to make Leases of the Manor of Wimbledon, and of Lands and Grounds in Wimbledon, Barnes, Mortlake, East Sheen, Putney, and Wandsworth, in the County of Surry, given and devised by, and purchased in Pursuance of the Will of, the most Noble Sarah late Dutchess Dowager of Marlborough, respectively, in order for building upon and improving the same."

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.

Franks & Ux. against Martin & al.

After hearing Counsel, as well on Friday last and Yesterday as this Day, upon the Petition and Appeal of Naphtali Franks Esquire and Phila his Wife; complaining of an Order of the Court of Chancery, of the 9th Day of May 1759; and praying, "That the same might be reversed:" As also upon the Answer of Joseph Martin, Lazarus Simon, and Michael Adolphus, the Executors and Trustees named in the Will of Moses Hart, deceased; and the Answer of the said Michael Adolphus and of Rachel his Wife, Judy Levy Widow, Judith Hart and Jachobed Hart Spinsters, the said Lazarus Simon and Margoles his Wife, Naphtali Hart and Moses Hart, Infants, by Judith Hart their Aunt and Guardian; and the Answer of Phila Franks and Priscilla Franks, Infants, by Abigail Salomons Widow their Guardian, and Henry Isaac Franks Esquire, a Lunatick, by the said Abigail Salomons his Guardian, and of Aaron Franks Esquire, 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 Order therein complained of be, and the same is hereby, affirmed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hunwicke Edge Common, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Moor, or Common, called Hunwicke Edge, in the Manor of Bondgate, in the County of Durham," 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made Two Amendments thereto."

Which Amendments were read, by the Clerk, as follow:

"Pr. 24. L. 9. After the Word ["mentioned"], insert ["for necessary or convenient Buildings and Reparations, and for erecting of Walls and Fences in and upon the same"].

"Pr. 32. L. 36. Leave out from ["whatsoever"] to ["and"], in the 14th Line of the next Press."

And the said Amendments, being read a Second Time, were agreed to by the House.

Cornabé and Lucadou, Nat. Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing René Cornabé and John Daniel Lucadou," 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."

Ordered, That the said Bill be engrossed.

Marine Forces, Regulation, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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

It was Resolved in the Affirmative.

D. of Bridgewater's Navigation, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from or near Worsley Mill, over the River Irwell, to the Town of Manchester in the County Palatine of Lancaster, and to or near Longford Bridge, in the Township of Stretford, in the said County."

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

It was Resolved in the Affirmative.

Hallet to take the Name of Farewell, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to qualify and enable Samuel Hallet Esquire, now called Samuel Farewell, and his Heirs, to use and take, in Exchange for his and their own Surname, the Surname of Farewell, pursuant to the Will of Nathaniel Farewell Esquire, deceased."

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

It was Resolved in the Affirmative.

Lewis to take the Name of Lloyd, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Thomas Lewis Esquire, and his Heirs Male, to take, use, and bear, the Surname and Arms of Lloyd, pursuant to the Will of Richard Lloyd Esquire, deceased."

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 Four preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Edwards and Mr. Montague:

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

Freeman's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Inheritance of certain Estates in the County of Northampton, Part of the entailed Estate of John Freeman Esquire, in him, in Fee Simple; and for settling other Estates, in the Counties of Wilts and Middlesex, in Lieu thereof."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the same Messengers:

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

Fagge and Sir James Peachy's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Tenements and Hereditaments, in the County of Sussex, settled by John Meres Fagge Esquire, upon the Marriage of Elizabeth his (fn. 2) Daughter with Sir John Peachey Baronet, in Trustees, to convey the same to Sir William Peere Williams Baronet; and for settling Lands and Hereditaments in the County of Kent, of greater Value, in Lieu thereof."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Thursday the 27th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

New Shoreham Harbour, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for erecting Piers and other Works, for the Security and Improvement of the Harbour of New Shoreham, in the County of Sussex, and for keeping the same in Repair."

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 Monday next, at the usual Time and Place; and to adjourn as they please.

Lady Kath. Pelham against Gregory & al.

Ordered, That the Judges in Town do attend this House on Monday next, upon hearing the Cause wherein the Lady Katherine Pelham and James West Esquire are Appellants, and Susanna Gregory and others Respondents.

Fraser against His Majesty's Advocate; et è contra.

The Answer of His Majesty's Advocate for Scotland, to the Appeal of Captain James Fraser of Belladrum, was brought in.

Upon reading the Petition and Cross Appeal of Robert Dundas of Arniston Esquire, His Majesty's Advocate, for His Majesty's Interest; complaining of Part of Two Interlocutors of the Lords of Session in Scotland, of the 14th of January 1758, and 6th of December 1759; and praying, "That the same may be reversed, varied, or altered; or that this House will give the Appellant such other Relief in the Premises as to their Lordships shall seem just; and that James Fraser of Belladrum may be required to answer the said Appeal:"

It is Ordered, That the said James Fraser may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Wednesday the 9th Day of April next; and Service of this Order upon any of his Agents or Solicitors in the Court of Session in Scotland shall be deemed good Service.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, for a General Fast;

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bishop of Rochester, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Rochester, for the Sermon by him preached before this House, in the Abbey Church, Westminster, on Friday last; and he is hereby desired to cause the same to be forthwith printed and published.

Raymond's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging certain Messuages, Lands, and Hereditaments, in the Parishes of Beckenham and Lewisham, in the County of Kent, Part of the Estate late of Hugh Raymond Esquire, deceased, for other Lands and Hereditaments, in the said Parish of Beckenham, belonging to John Cator the Younger; and for settling the Lands so taken in Exchange to the same Uses as the Lands given in Exchange stand limited; and for enabling Jones Raymond and Peter Burrell Esquires to grant Building Leases of other Parts of the Estate late of the said Hugh Raymond."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Tuesday the First Day of April next, at Ten o'Clock in the Forenoon [ (fn. 2) in the] Prince's Lodgings near the House of Peers; and to adjourn as they please.

Shoreham Harbour, Bill.

The Earl of Guilford reported from the Lords Committees to whom the Bill, intituled, "An Act for erecting Piers and other Works, for the Security and Improvement of the Harbour of New Shoreham, in the County of Sussex, and for keeping the same in Repair," 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."

Cornabé and Lucadou, Nat, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing René Cornabé and John Daniel Lucadou."

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. Bennet and Mr. Holford:

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

Foley et al. to settle Thomas's Estate.

Ordered, That the Committee to whom the Bill, intituled, "An Act for settling the Real Estate of James Thomas Esquire, deceased, pursuant to an Agreement between his Heir at Law and Devisee for that Purpose," stands committed, be revived; and meet Tomorrow Morning.

Lethieullier's Bill:

Ordered, That the Committee to whom the Bill, intituled, "An Act for selling Part of the settled Estate of Smart Lethieullier Esquire, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement," stands committed, be revived; and meet on Wednesday next.

Motion to dispense with Standing Order.

The House being moved, "That the Standing Order, in relation to Bills for selling Lands in one Place and buying Lands in another, may be so far dispensed with, as that the Committee to whom the last-mentioned (fn. 3) Bill stands committed may proceed thereupon, notwithstanding there is not yet an actual Agreement for the Purchase of another Estate, to be settled in Lien of that directed to be sold, as required by the said Standing Order:"

Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

Oakhampton Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing several Roads leading to the Town of Oakhampton, in the County of Devon."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Gloucester and Hereford Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual, and continuing the Term, and enlarging and altering the Powers, of an Act made in the Twentieth Year of His present Majesty's Reign, for repairing and widening the Road leading from the City of Gloucester towards the City of Hereford, and for repairing other Roads in the County of Gloucester, in the said Act 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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Ld. Robert Bertie's Bill.

A Message was brought from the House of Commons, by Major General Cornwallis and others:

With a Bill, intituled, "An Act for vesting several Lands and Tenements, in the Parish of Chislehurst, in the County of Kent, given to charitable Uses, for the Benefit of the said Parish, in the Right Honourable Robert Bertie Esquire, commonly called Lord Robert Bertie, and his Heirs; and for making Provision of greater Value, instead thereof, for the Benefit of the Poor of the said Parish; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the Consideration of the said Bill be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Longton Common, Bill.

A Message was brought from the House of Commons by Sir Ellis Cunliffe and others:

With a Bill, intituled, "An Act for enclosing divers Parcels of Waste Grounds or Commons in Longton, in the County of Lancaster; and for enjoying Part thereof as a Stinted Pasture until the Enclosure of the same;" to which they desire the Concurrence of this House.

Hunwicke Edge Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Moor or Common called Hunwicke Edge, in the Manor of Bondgate, and County of Durham."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by the former Messengers:

To carry down the said Bill; and acquaint them; that their Lordships have agreed to the said Bill, with some Amendments; to which they desire their Concurrence.

Indictment against Earl Ferrers to be removed before the House.

The House was informed, "That a Bill of Indictment was, on Saturday last, found by the Grand Jury, at the Assizes for the County of Leicester, against Lawrence Earl Ferrers, for the Murder of John Johnson."

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Indictment be removed before this House; and that a Writ of Certiorari be issued, under the Great Seal, for that Purpose.

Owston Common, Bill:

A Message was brought from the House of Commons, by Sir George Saville and others:

With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds in the Manor and Constablery of Owston, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Seagrave Enclosure, Bill.

A Message was brought from the House of Commons, by Sir Thomas Palmer and others:

With a Bill, intituled, "An Act for dividing and enclosing several Open Fields, Meadows, and Commons, within the Lordship and Liberty of Seagrave, in the County of Leicester;" to which they desire the Concurrence of this House.

Lady Kath. Pelham against Gregory et al.

After hearing Counsel in Part, in the Cause wherein the Lady Katherine Pelham and James West Esquire are Appellants, and Susanna Gregory and others Respondents:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Foley & al. to settle Thomas's Estate, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the Real Estate of James Thomas Esquire, deceased, pursuant to an Agreement between his Heir at Law and Devisee for that Purpose," 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Longton Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enclosing divers Parcels of Waste Grounds or Commons in Longton, in the County of Lancaster; and for enjoying Part thereof as a Stinted Pasture until the Enclosure of the same."

Owston Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds in the Manor and Constablery of Owston, in the West Riding of the County of York."

Seagrave Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields, Meadows, and Commons, within the Lordship and Liberty of Seagrave, in the County of Leicester."

Lethieullier's Bill;

The Order of the Day was read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, in relation to Bills for selling Lands in one Place and buying Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act for selling Part of the settled Estate of Smart Lethieullier Esquire, in the County of Essex, and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement," stands committed, may proceed thereupon, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that directed to be sold, as required by the said Standing Order.

And Consideration being had thereof accordingly:

Standing Order dispensed with.

Ordered, That the said Standing Order be dispensed with, in this Case.

E. Rothes & al. against Philp.

Upon reading the Petition and Appeal of John Earl of Rothes, Hannah Countess of Rothes, and William Viscount Barrington surviving Trustee for the Children of the said Earl and Countess; complaining of an Interlocutor of the Lords of Session, of the 14th of December 1758, and of an Interlocutor of the Lord Ordinary, of the 4th of January 1759; and also of another Interlocutor of the said Lords, of the 8th of this Instant March; and praying, "That the same may be reversed or varied; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that John Philp may be required to answer the said Appeal:"

It is Ordered, That the said John Philp may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 15th Day of April next; and Service of this Order upon any of his Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

Teatt against Strong, in Error.

The House being moved, "That Thursday the 24th Day of April next may be appointed, for hearing Counsel, to argue the Errors assigned upon the Writ of Error wherein Ralph Teatt is Plaintiff, and the Reverend James Strong Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Thursday the 24th Day of April next, as desired.

Lady Kath. Pelham against Gregory & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Right Honourable the Lady Katherine Pelham, Widow of the Right Honourable Henry Pelham Esquire, and James West Esquire, surviving Executors of the said Henry Pelham, which said James West is also Administrator of the Goods and Chattels of Thomas Pelham, an Infant, deceased, who was Eldest Son of the said Henry Pelham, unadministered by Richard Arundel Esquire, deceased; complaining of a Decree of the Court of Chancery, of the 4th of December 1759; and praying, "That the same might be reversed; and that the Appellants might have such further and other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the several Answers of Susanna Gregory Spinster, William Lord Viscount Vane of the Kingdom of Ireland, Henry Earl of Darlington, and the most Noble Thomas Holles Duke of Newcastle, put in to the said Appeal; the following Questions were put to the Judges; videlicet,

Questions to the Judges:

"1. Whether the Property of the Leasehold Estates for Years, devised by the Will of John late Duke of Newcastle, vested in Thomas Pelham, the Infant Son of Henry Pelham Esquire, deceased, subject to the Respondent the Duke of Newcastle's Interest therein for his Life, and the Contingency of the said Duke's having a Son?" 2dly, "Whether the Property of the said Leasehold Estates, subject as aforesaid, is transmitted to the Representative of the said Thomas Pelham the Infant?"

And the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denison being present; the said Lord Chief Baron delivered their concurrent Opinion upon the said Two Questions, in the Affirmative:

And due Consideration being had of what was offered on all Sides in this Cause:

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Leasehold Estates for Years, devised by the Will of John late Duke of Newcastle, subject to the Respondent the Duke of Newcastle's Interest therein for his Life, and deseasible by the said Respondent the Duke's having a Son, belong to the Appellants, as standing in the Place of the said Thomas Pelham, the Infant Son of Henry Pelham Esquire, deceased; and that the Agreement entered into between them and George Gregory deceased, for the Sale of their Estate and Interest in Shimpling Park, mentioned in the Pleadings in this Cause, ought to be carried into Execution: And it is therefore Ordered and Adjudged, That the said Decree complained of in the said Appeal (except such Part thereof whereby the Appellant's Bill is dismissed with Costs against the Respondents the Lord Vane and the Earl of Darlington) be, and the same is hereby, reversed; and that such Part thereof be affirmed: And it is hereby further Ordered, That the said Agreement be performed and carried into Exe cution; and that a new Lease of the said Premises called Shimpling Park be procured by the Appellants, for such Reversionary Term as will make up the Residue of the Term in Being to Thirty-one Years from the Date of such new Lease, according to the Terms of the said Agreement, in case such new Lease can be obtained; and that the Respondent the Duke of Newcastle do, according to the Submission in his Answer, pay the Fine-fees and Expenses of such new Lease; and that the whole Sum to which such Finefees and Expenses shall amount, to be computed and settled by One of the Masters of the said Court of Chancery, be charged and secured upon the said Premises; and that the Respondent the Duke, according to his said Submission, discharge and keep down the Interest which shall accrue thereupon during his Life; and that it be referred to the said Master, to settle such Security, and make such Provision for keeping down the Interest, as aforesaid; and that, within Three Months after such new Lease shall be granted, the Appellants do, by proper Conveyances and Assurances, to be approved by the said Master, if the Parties shall differ about the same, at the Expense of the Respondent Susanna Gregory, assign the said Premises called Shimpling Park, with the Appurtenances, to the said Respondent Susanna Gregory, for the Residue of the Term which shall be then subsisting in the present Lease, and for the Term to be comprized in such new Lease, free from Encumbrances, but subject to the Respondent the Duke of Newcastle's Interest for his Life in both the said Terms, and to such Security as aforesaid, and defeasible upon the said Duke's having a Son; and that all proper Parties join in such Conveyances and Assurances as the said Master shall direct; and that it be referred to the said Master, to consider and settle how much ought to be allowed and deducted out of the Purchase-money of One Thousand Pounds, mentioned in the said Agreement, in respect of the Charge and Encumbrance to be brought upon the said Premises on account of the said Finefees and Expenses of such new Leafe as before-mentioned; and that upon the Execution of such Conveyances and Assurances as aforesaid, the Respondent Susanna Gregory do pay to the Appellants the Residue of the said Purchase-money, after deducting thereout so much as shall be allowed by the said Master in respect of the said Charge and Encumbrance to be brought upon the said Premises as is before-mentioned; and that the Appellants do pay to the Respondents the Duke of Newcastle and Susanna Gregory their Costs of this Suit in the said Court of Chancery, to the Time of making the said Decree, to be taxed by the said Master; and that the Consideration of the subsequent Costs from that Time be reserved; and that any of the Parties be at Liberty to apply to the said Court for further Directions, as Occasion shall require: And it is further Ordered, That the said Court do give all the necessary and proper Directions for carrying this Judgement into Execution.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lethieullier's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the settled Estate of Smart Lethieullier Esquire, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement," 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. of Hopton, Curator of the Marq of Annandale, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Earl of Hopetoun, Curator of Law to George Vanden Bempde Marquis of Annandale his Uncle, a Lunatick, and the Curator of Law of the said Marquis for the Time being, to grant Feus of certain Lands, Houses, and others, in the County of Dumfries; and to exchange the Lands 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

Catton Common, &c. Enclosure Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing several Open Fields, Commons, or Wastes, and Common Grounds, within the Manor and Soke of Catton, in the County of York," 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

Foley, to settle Thomas's Estate, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Real Estate of James Thomas Esquire, deceased, pursuant to an Agreement between his Heir at Law and Devisee for that Purpose."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lane:

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

Owston Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds in the Manor and Constablery of Owston, in the West Riding of the County of York."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Longton Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing divers Parcels of Waste Grounds or Commons in Longton, in the County of Lancaster; and for enjoying Part thereof as a Stinted Pasture until the Enclosure of the same."

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 Tuesday next, at the usual Time and Place; and to adjourn as they please.

Charteris's Bill, Motion to dispense with Standing Order.

The House being moved, "That the Standing Order of this House, in relation to Bills for selling Lands in one Place and buying Lands in another, might be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for Sale of Part of the entailed Estate of the late Francis Charteris Esquire; and for purchasing of other Lands, to be settled to the same Uses," stands committed, may proceed thereupon, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that directed to be sold, as required by the said Order:"

Ordered, That the said Motion be taken into Consideration on Friday next; and the Lords to be summoned.

Strode, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Strode Esquire and Ann Strode Widow; 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 selling certain Manors, Capital Messuages, Lands, and Hereditaments, in the County of Hertford, Comprized in a Settlement made by William Strode Esquire, deceased; and for purchasing, with the Money arising by such Sale, other Lands and Hereditaments, to be settled to the like Uses."

Bindon against Bindon, Appeal received.

Upon reading the Petition and Appeal of David Bindon Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 10th Day of July 1759; and praying, "That the same may be reversed or varied; and that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet;" and that Catherine Bindon Widow may be required to answer the said Appeal:" And also upon reading an Affidavit of Donough Henchy of the City of Dublin Gentleman, sworn before a Master of the said Court, "That the said Decree was not duly signed and attested by the Deputy Register of the said Court till the First Day of this Instant March:"

It is Ordered, That the said Catherine Bindon may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Wednesday the 23d Day of April next; and Service of this Order upon her Clerk in Court shall be deemed good Service.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.