House of Lords Journal Volume 37: February 1784 21-30

February 1784 21-30

DIE Lunæ, 23^o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Nisbet's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire with Anne Blomberg, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

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. Thomson:

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

Lemsford Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act of the Third Year of the Reign of His present Majesty, for repairing the Road from Lemsford Mill, through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn through Codicot to Hitchin, in the County of Hertford."

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 the former Messengers:

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

Dover, &c. Small Debts Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts within the Town and Port of Dover, and the Parishes of Charlton, Buckland, River, Ewell, Lydden, Coldred, East Langdon, West Langdon, Ringwould, Saint Margaret's-at-Cliff, Whitfield, otherwise Beausfield, Guston, Hougham, otherwise Huffham, Caple le Ferne, and Alkham, and also the Liberty of Dover Castle, in the County of Kent."

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

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

Peach against Roberts in Error.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench in the usual Manner delivered in at the Table a Writ of Error, wherein

Samuel Peach Gentleman is Plaintiff,
and
John Roberts is Defendant.

Newton Abbott Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fifth Year of the Reign of His present Majesty for repairing and widening the Roads from the South End of Newton Abbott to the Passage Way in Kingwear, opposite Clifton Dartmouth Hardness, and from the End of a Lane, leading out of the Turnpike Road, between Newton Abbott and Totnes, towards Abbott's Kerswell to Five Lanes, and from Langver's Barn to the said Turnpike Road, between Newton Abbott and Totnes, and from Galmpton Warborough to Monk's Bridge and Brixham Quay, and from Langver's Barn to the North End of Paington Town, all 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 them, to meet on Friday next, at the usual Time and Place; and to adjourn as they please.

Tregony Road Bill.

Hodie 2^a vice lecta est Billa, instituled, "An Act to enlarge the Term and Powers of an Act made in the Second Year of the Reign of His present Majesty, for repairing and widening the Road from the Lostwithiel Turnpike Road in the Parish of Creed, in the County of Cornwall, through Tregony to Ruan Lanehorn, and from Dennis-Water to three hundred Yards on the South Side of Trethim Mill, in the Parish of Saint Just, 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.

Brande's Naturalization Bill.

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

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

Hinckley Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Second Year of the Reign of His present Majesty, for amending, widening, and keeping in Repair the Road from Castle Street, at the End of the Town of Hinckley to Lutterworth Town's End, and from or near the Guide Post at Walcot Town's End, in the County of Leicester, to the Eighty Mile Stone in Welford Field, in the County of Northampton;" to which they desire the Concurrence of this House.

The said two Bills were, severally, read the First Time.

D. Bolton's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates of Charles, late Duke of Bolton deceased, devised, and settled by his Will, in Trustees, discharged of the Uses and Limitations limited, created, and expressed in the said Will, for the Purpose of more effectually carrying into Execution a Decree, and certain Orders of the High Court of Chancery, for Sale of the same Estate, and for 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 Tuesday the 9th Day of March next, at the usual Time and Place; and to adjourn as they please.

Christie's Divorce Bill.

The Lord Scarsdale presented to the House (pursuant to an Order of Leave on the 3d of February last) a Bill, intituled, "An Act to dissolve the Marriage of James Christie Esquire, late Captain in His Majesty's late 88th Regiment of Foot, with Elizabeth Leslie his now Wife; and to enable him to marry again, and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday the 9th Day of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned, and that the said James Christie may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Elizabeth Leslie may have a Copy of the Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel, what she may have to offer against the said Bill, at the same Time.

Stewart & Co. against Dunlop et al:

Upon reading the Petition and Appeal of John Stewart and Company, Merchants in Greenock, complaining of two Interlocutors of the Lords of Session in Scotland, of the 23d of January, and 11th of February 1784: 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 John Dunlop, Alexander M^cCaal, James Gordon and others, Merchants in Glasgow, may be required to answer the said Appeal:"

It is Ordered, That the said John Dunlop, Alexander M^cCaal, James Gordon, and others, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 22d Day of March next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode's Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for John Stewart and Company, 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.

Leyland against Ashby.

Upon reading the Petition of Jonathan Ashby, Defendant in a Writ of Error depending in this House, wherein John Leyland is Plaintiff:

Hartley against Smith:

Also, Upon reading the Petition of William Smith, Defendant in a Writ of Error, depending in this House, to which Samuel Hartley is Plaintiff, "That the Plaintiffs have not assigned Errors within the Time limited by their Lordships' standing Order:" and therefore praying, That the said Writs of Error may be non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writs of Error non-pros'd with Costs.

It is Ordered, That the said Petitioners do forthwith enter a Non-pros on the said Writs of Error as desired; and that the Records be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgements given by that Court as if no such Writs of Error had been brought into this House: and further, That the Plaintiffs in Error do pay or cause to be paid to the Defendants in Error, the Sum of Forty Pounds each, for their Costs by reason of the Delay of the Execution of the said Judgements.

Foleys against Grant et al.

Ordered, That the hearing of the Cause wherein the Honourable Andrew Foley and Thomas Foley are Appellants, and John Grant and others are Respondents, which stands appointed for To-morrow, be put off to Thursday the 29th Day of April next; and that the Judges do then attend.

Lords summoned.

The Order of the Day being read for the Lords to be summoned:

Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.

Land Tax: Account of Arrears in Hands of Receivers General, ordered.

Ordered, That the proper Officer do lay before this House, "An Account of the Arrears of the Public Money in the Hands of the Receivers General of the Land Tax, on the First of January 1781, 1782, 1783, and 1784, distinguishing each Year."

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 27^o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Collins against Sir H. Gough et al.

The Answer of Sir Henry Gough Baronet and others, to the Appeal of Daniel Collins, Clerk, was this Day brought in.

Bruce against Cleghorn.

As was also the Answer of Robert Cleghorn and Alexander Cleghorn, to the Appeal of William Bruce.

Tregony Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Second Year of the Reign of His present Majesty for repairing and widening the Road from the Lostwithiel Turnpike Road, in the Parish of Creed, in the County of Cornwall, through Tregony to Ruan Lanehorne, and from Dennis Water to three hundred Yards on the South Side of Trethim Mill, in the Parish of Saint Just, 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."

Dover, &c. Small Debts Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts within the Town and Port of Dover, and the Parishes of Charlton, Buckland, River, Ewell, Lydden, Coldred, East Langdon, West Langdon, Ringwould, Saint Margaret's-at-Cliff, Whitfield, otherwise Beausfield, Guston, Hougham, otherwise Huffham, Caple le Ferne, and Alkham, and also the Liberty of Dover Castle, in the County of Kent," was committed.

Newton Abbott Road Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fifth Year of the Reign of His present Majesty, for repairing and widening the Roads from the South End of Newton Abbott to the Passage Way in Kingswear, opposite Clifton Dartmouth Hardness, and from the End of a Lane leading out of the Turnpike Road, between Newton Abbott and Totnes, towards Abbott's Kerswell to Five Lanes, and from Langver's Barn to the said Turnpike Road between Newton Abbott and Totnes, and from Galmpton Warborough to Monk's Bridge and Brixham Quay, and from Langver's Barn to the North End of Paington Town, all in the County of Devon," was committed.

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

Lumley to take the Name of Savile, Bill.

With a Bill intituled, "An Act to enable the Honourable Richard Lumley and his Heirs Male, to take and use the Surname and Arms of Savile, pursuant to the Will of Sir George Savile Baronet, deceased;" to which they desire the Concurrence of this House.

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

Wiggenhall Drainage Bill.

With a Bill, intituled, "An Act to enlarge the Powers of an Act made in the Thirtieth Year of the Reign of His late Majesty King George the Second," intituled; "An Act for draining and preserving certain Marsh and Fen Lands and Low Grounds in the Parish of Wiggenhall Saint Mary Magdalen, in the County of Norfolk;" to which they desire the Concurrence of this House.

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

Morley Enclosure Bill.

With a Bill, intituled, "An Act for dividing and inclosing several Commons and Waste Grounds within the Parish of Morley in the County of Derby;" to which they desire the Concurrence of this House.

The said three Bills were, severally, read the First Time.

Upon reading the Petition of Edward Earl of Derby, praying Leave to bring in a Bill for effecting an Exchange of certain Estates in the Petition mentioned:

E Derby's Petition referred to Judges.

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.

Brune et al. Petition referred to Judges.

Upon reading the Petition of Charles Morton Pleydell Brune Esquire, Humphrey Prideaux the Elder, and Jenny his Wife, on Behalf of themselves and Mary Prideaux, Edmund Prideaux, Neville Richard Prideaux, William Brune Prideaux, and Thomas Prideaux, their Infants and Children, and of Charles Prideaux and Humphry Prideaux, Sons of the said Humphry Prideaux and Jenny Prideaux, and John Gape Esquire and Betty 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 the Lord Chief Baron of the Court of Exchequer and Mr. Justice Nares, 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.

Bp. Norwich et al. Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of the Right Reverend Father in God Lewis Lord Bishop of Norwich, and others, praying Leave to bring in a private Bill for the Purposes therein mentioned:

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 establishing and confirming an Agreement made between the Lord Bishop of Norwich and Jacob Preston Esquire, for the Exchange of certain Estates in the County of Norfolk."

Lewes to take the Name of Lloyd.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable David Edward Lewes Esquire, to take, use, and bear the Surname and Arms of Lloyd, pursuant to the Will of Richard Lloyd late of Werne Newith, in the County of Cardigan Esquire, deceased," stands committed, be revived and meet on Tuesday next.

Colquhoun against Corbet.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Colquhoun is Appellant and John Corbet Esquire is Respondent, ex-parte, the Respondent not having put in his Answer thereto, though peremptorily ordered so to do:"

It is Ordered, That this House will hear the said Cause, ex-parte, by Counsel at the Bar after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

Carse against Colquhoun et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein James Carse Esquire is Appellant, and John Colquhoun and others are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes, after those already appointed.

Brande's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Augustus Everard Brande:"

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.

Adjourn.

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