House of Lords Journal Volume 36: February 1781 21-10

February 1781 21-10

DIE Mercurii, 21^o Februarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fast Day observed.

Then, in order to proceed to the Abbey Church Westminster, to solemnize this Day, being appointed by His Majesty's Royal Proclamation, to be observed as a General Fast,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 26^o Februarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day George Duke of Marlborough, William Lord Bishop of Chichester, Thomas Lord Dude and Nathaniel Lord Harrowby, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lawson against Lawson.

After hearing Counsel in Part in the Cause wherein John Lawson Esquire, is Appellant, and Winifred Lawson Widow, is Respondent:

It is Ordered, That the further hearing of the said Cause be put off till To-morrow.

Borrow stounness Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road leading from the Port of Borrowstounness by the West of the Borough of Linlithgow, and by the Towns of Torphichen, Bathgate and Whiteburn, and from thence Southward to the Consines of the County of Linlithgow, at or near Hollhouseburn;" to which they desire the Concurrence of this House.

Hingham Enclosure Bill.

A Message was brought from the House of Commons, by Sir Edward Astley, and others:

To return the Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Lands within the Parish of Hingham, in the County of Norfolk;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Kohn's Naturalization Bill.

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

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

Highclere, &c. Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing, and enclosing the Open Arable Fields, Commons and Waste Lands, in the Manors and Parishes of Highclere and Burghclere, in the County of Southampton;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Sir G. Turner et al. Petition referred to Judges.

Upon reading the Petition of Sir Gregory Page Turner Baronet, William Turner Esquire, and John Turner Esquire, Thomas Twisleton and Elizabeth his Wife, the Honourable Martin Bladen Hawke and Cassandra his Wife; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Gould and Mr. Justice Ashhurst, 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.

Ilmington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the Parish of Ilmington, in the County of Warwick;" to which they desire the Concurrence of this House.

Great Ringstead Enclosure Bill.

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

With a Bill, intituled, "An Act for exchanging, dividing, allotting and enclosing the Lands and Grounds called Whole Year Lands, Half Year Enclosures, Open Field Lands, Brecks, Commons and Wastes, in Great Ringstead, in the County of Norfolk;" to which they desire the Concurrence of this House.

Militia Qualification Bill.

The Earl of Radnor presented to the House, a Bill, intituled, "An Act for the more effectually preventing unqualified Persons from bearing the Commissions therein mentioned, in the Militia Forces of this Kingdom."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

D. Montagu takes the Oaths.

This Day George Duke of Montagu took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first at the Table delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Gooch's Divorce Bill.

The Order of the Day being read for taking into further Consideration, the Bill, intituled, "An Act to dissolve the Marriage of William Gooch Esquire, with Elizabeth Sarah Gooch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;"

Moved, "That the said Bill be committed:"

Which being objected to,

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday the 12th Day of March next.

Falmouth Road Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act made in the First Year of the Reign of His present Majesty, for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Hellstone and Marazion, and from thence to and over Marazion River and Bridge, and Two hundred Feet to the Westward of the said River and Bridge," stands committed, be revived and meet To-morrow.

Adjourn.

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

DIE Martis, 27^o Februarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lawson against Lawson.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Lawson Esquire, complaining of a Decree of the Court of Chancery, of the 7th of June 1779; and praying, "That the same might be reversed, and the Plaintiff's Bill dismissed, or that the Appellant might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Winifred Lawson Widow, and sole Executrix of Hylton Lawson Esquire, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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 Decree therein complained of be, and the same is hereby Affirmed.

Thanks to Bp. of Bangor for his Sermon.

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

Craig against Douglas & Co.

Upon reading the Petition and Appeal of James Craig, Baker in Edinburgh, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 8th of December 1780, and 7th of February 1781; and praying, "That the same may be reversed, varied, or altered, or 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 Messieurs Douglas, Heron and Company, late Bankers in Ayr, and George Home, of Branxton, Esquire, their Factor or Manager, may be required to answer the said Appeal:"

It is Ordered, That the said Messieurs Douglas, Heron and Company, and George Home, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Tuesday the 27th Day of March next; and Service of this Order upon the Counsel or Agents of the said Respondents, in the Court of Session in Scotland shall be deemed good Service.

Erskine against Ferrier.

Upon reading the Petition and Appeal of Mr.Henry Erskine, Advocate, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 24th of January and 8th of February 1781, and praying, "That the same may be reversed, varied, or altered, or 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 James Ferrier, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said James Ferrier may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 27th Day of March next; and Service of this Order, upon the said Respondent, or upon any of his known Counsel in the Court of Session in Scotland, shall be deemed good Service.

Sir J. Scott and Kerr against Pott.

Upon reading the Petition and Appeal of Sir John Scott of Ancrum, Baronet, and Patrick Kerr, of Abbotrule, Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th of January and 7th of February 1781, and praying, "That the same may be reversed, varied, or altered, or 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 George Pott Younger, of Todrig, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said George Pott may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 27th Day of March next; and Service of this Order, upon the said Respondent, or upon any of his Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

D. Montrose et al. against Sir J. Colquhoun.

Upon reading the Petition and Appeal of William Duke of Montrose, James Marquis of Graham, John Graham, of Duchray, George Graham of Kingross, John Farquhar Gray of Kilmilncrost and Kilmardinny, Robert Graham of Lambhill, Michael Bogle Merchant in Glasgow, John Græme Writer to the Signet, George Stewart Younger, of Grandtully, Robert Scott Junior, Merchant in Glasgow, Archibald Bogle, Merchant there, Robert Graham Burden of Fedols, Mr. James Graham Minister of the Gospel at Killearn, Robert Buchanan Merchant in Glasgow, and Archibald Graham and John Leckie Writers there, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 11th of July and 8th of August 1780; and also of Three Interlocutors of the Lords of Session there, of the 1st, 10th, and 17th of February 1781; and praying, "That the same may be reversed, varied, or altered, or 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 Sir James Colquhoun of Luss, may be required to answer the said Appeal.

It is Ordered, That the said Sir James Colquhoun may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 27th Day of March next; and Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on Craig's Appeal.

Ths House being moved, "That James Chalmer, of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for James Craig, on account of his Appeal depending in this House, he living in Scotland:"

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

Spottiswoode to enter into Recognizance on Erskine's Appeal.

The House being moved, "That John Spottiswoode, of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for Mr. Henry Erskine, Advocate, on account of his Appeal depending in this House, he living in Scotland:"

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

Chalmer to enter into Recognizance on Sir J. Scott's Appeal.

The House being moved, "That James Chalmer, of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for Sir John Scott, of Ancrum, Baronet, and others, on account of their Appeal depending in this House, they residing in Scotland:"

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

Spottiswoode to enter into Recognizance on D. Montrose's Appeal.

The House being moved, "That John Spottiswoode, of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for William Duke of Montrose and others, on account of their Appeal depending in this House, they residing in Scotland."

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellants, as desired.

Dilhorne Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds within the Manor and Parish of Dillorn, otherwise Dilhorne, in the County of Stafford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Smyth's Naturalization, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Dame Charlotte Sophia Smyth, Wife of Sir Robert Smyth Baronet, and for qualifying and enabling her to hold and enjoy a Rent Charge limited to her upon her Marriage in the Name of her Jointure."

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. Hett and Mr. Bicknell:

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

Fairfax et al. Petition referred to Judges.

Upon reading the Petition of the Honourable Ann Fairfax Spinster, Nathaniel Pigott Esquire, and Edward Pigott Esquire, in Behalf of themselves, and also of the said Nathaniel Pigott in Behalf of his Infant Son Charles Gregory Pigott; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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. Justice Gould, 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.

Giffard et al. Petition referred to Judges.

Upon reading the Petition of Frances Giffard Widow, Sir Robert Throckmorton Baronet, and John Stoner Esquire, the: Guardians of Thomas Giffard Esquire, an Infant under the Age of Twenty-one Years; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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 Justice Ashhurst, 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.

Johnston against Maylor:

Upon reading the Petition of Paul Maylor, Defendant in a Writ of Error depending in this House, wherein William Johnston is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Nonpros'd with such Costs as to your Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay or cause to be paid to the Defendant in Error, the Sum of Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Borrowstounness Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from the Port of Borrowstounness, by the West of the Borough of Linlithgow, and by the Towns of Torphichen, Bathgate and Whiteburn, and from thence Southward to the Consines of the County of Linlithgow, at or near Hollhouseburn."

Ilmington Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields and other Commonable Land, within the Parish of Ilmington, in the County of Warwick."

Kohn's Naturalization Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing George Lewis Kohn."

Chicklade Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Downs, Waste Lands and Commonable Places, of and within the Parish of Chicklade, in the County of Wilts."

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.

Whitby Pier Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue the Duty of One Farthing per Chalder on Coals, granted by an Act of the Twenty-third Year of the Reign of King George the Second, for the more effectual repairing and maintaining the Piers and Harbour of Whitby, in the County of York."

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.

Great Ringstead Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for exchanging, dividing, allotting and enclosing the Lands and Grounds called Whole Year Lands, Half Year Inclosures, Open Field Lands, Brecks, Commons and Wastes, in Great Ringstead, in the County of Norfolk."

Chalmer to enter into Recognizance on Sir J. Scott's Appeal.

The House being moved, "That James Chalmer of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for Sir John Scott of Ancram (fn. 1), Baronet, and Patrick Kerr Esquire, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellants, as desired.

Falmouth Road Bill.

The Lord Bishop of St. Davids reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act made in the First Year of the Reign of His present Majesty, for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Hellstone and Marazion, aud from thence to and over Marazion River and Bridge, and Two hundred Feet to the Westward of the said River and Bridge," 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."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem Martis, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.