House of Lords Journal Volume 27: April 1749, 11-20

April 1749, 11-20

DIE Mercurii, 12^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

D of Somerset takes the Oaths.

Algernon Lord Percy sat first in Parliament as Duke of Somerset, after the Death of his Father, having first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Messages from H. C. to return Ld Teynham's Bill,

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

To return the Bill, intituled, "An Act for confirming and establishing an Agreement between Henry Lord Teynham and Sir Francis Curson Baronet, for a Partition of the Estate of John Powell Esquire, deceased, and for rendering the said Agreement more effectual for the Purposes thereby intended, and for other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Levinz's Bill,

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

To return the Bill, intituled, "An Act for discharging the Estate of William Levinz Esquire, in Bilby, Ranby, and Strrop, in the County of Nottingham, from a Yearly Payment of Thirty Pounds, given by Sir Creswell Levinz Knight, for charitable Uses, and for charging the same on his Estate at Grove, in the same County," and to acquaint this House, that they have agreed to the same, without any Amendment.

and Ludlam's Bill for Sale of Lockwood's Estate.

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

To return the Bill, intituled, "An Act for vesting the Inheritance of the Real Estate late of John Lockwood Gentleman, deceased, in Trustees, for the Payment of the Encumbrances charged upon the same by virtue of and under his Will," and to acquaint this House, that they have agreed to the same, without any Amendment.

Gwyn's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Francis Gwyn Esquire, in the County of Devon, for raising Money, to discharge his Sisters Portions, and other Encumbrances affecting the same, and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them, to meet on Thursday the 27th Instant, at the usual Time and Place, and to adjourn as they please.

America, United Brethren settling, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.

Whitefoord against Sir David Cunningham & al.

This Day being appointed, for hearing the Cause wherein somes Whitefoord Esquire is Appellant, and Sir David Cunninghame Baronet and Elizabeth Cunninghame, Jane and Katherine Whitefoord, the Appellant's Mother and Sisters, are Respondents.

Counsel were accordingly called in.

And One of a Side only appearing.

The Counsel for the Appellant acquainted the House, That he was authorized to consent to the Affirmance of the Interlocutor of the Lord Ordinary, of the 12th of December 1747, and also of the Interlocutor of the Lords of Session in Scotland, of the 10th Day of June 1748, or so much thereof as is in the said Appeal complained of"

And thereupon the Counsel for the Respondents having informed the House, "That he had no Objection thereto"

The Counsel were directed to withdraw.

Judgement.

Ordered and Adjudged, by the Lords Spritual and Temporal in Parliament assembled (by the Consent of the Appellant), That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Interlocutors, or so much thereof as is therein complained of, be affirmed.

Ministers Widows in Scotland Provisior, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining and amending an Act passed in the Seventeenth Year of His present Majesty's Reign, intituled, An Act for raising and establishing a Fund, for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of Saint Andrews, Glasgow, and Edinburgh," 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."

Napier to amend his Appeal, on paying Costs.

A Petition of Gabriel Napier, late Sheriff of the County of Stirling, was presented, and read, setting forth, "That, in preparing the Petitioner's Appeal (which stands to be heard on Friday next) an Interlocutor of the Lord Ordinary in Scotland, of the 22d of January 1748, has been omitted, which ought to have been appealed from," and therefore praying, "That he may be at Liberty to amend his said Appeal, by adding thereto the said Interlocutor, which stands Part of the Proceedings, the Petitioner being willing to amend the Respondent's Copy, or to admit the Answer already put in for him as a sufficient Answer when so amended; and that the Cause be heard on the Day on which it stands, the Respondent's Agent having Notice given him of this Petition."

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

And being withdrawn:

Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, he amending the Respondent's Copy, and that he do pay, or cause to be paid, to the said Respondent, Five Pounds, for Costs in making an Addition to his printed Cases already delivered to the Clerk pursuant to the Standing Order of this House.

E Peterborow's Bill.

The Earl of Hume reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Charles Earl of Peterborow, or the other Heirs of Entail, to sell Lands in the Counties of Kincarden and Aberdeen, for Payment of Debts charged thereupon, and other Purposes 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, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Adjourn.

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

DIE Jovis, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Williams of Stoke, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for selling the Manors, Advowson, Rectory, Woods, Lands, and Hereditaments, devised by the Will of Sir John Williams Knight, deceased, for the Purposes therein mentioned, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled 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; and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Visc Dillon's Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for Sale of several Estates, in the Counties of Mayo and Roscommon, in the Kingdom of Ireland, belonging to Henry late Lord Viscount Dillon, for Payment of Debts, and other Purposes therein mentioned," was committed.

And the same Order was made.

Ministers Widows in Scotland Provision, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining and amending an Act passed in the Seventeenth Year of His present Majesty's Reign, intituled, An Act for raising and establishing a Fund, for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of Saint Andrews, Glasgow, and Edinburgh."

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 Edwards and Mr Sawyer

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

E Peterborow's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Charles Earl of Peterborow, or the other Heirs of Entail, to sell Lands in the Counties of Kincarden and Aberdeen, for Payment of Debts charged thereupon, and 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 the former Messengers.

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

Scott to make His Majesty's Advocate for Scotland a Party to his Appeal.

A Petition of Francis Scott Esquire, was presented, and read, praying, "In regard the Petitioner is advised that William Grant Esquire, His Majesty's Advocate for Scotland, is a necessary Party to be made Respondent, and who is now in London, that he may be at Liberty to amend his Appeal, by making the said Advocate a Party thereto."

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

And being withdrawn.

Ordered, That the Petitioner be at Liberty to amend the said Appeal, as desired, and that His Majesty's said Advocate for Scotland do put in his Answer to the said Appeal in the usual Time.

Ld Lymington, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Wallop Esquire, commonly called Lord Lymington, and Catherine his Wife, praying Leave to bring in a Private Bill.

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for selling the settled Estate of Catherine commonly called Lady Lymington, for discharging several Debts and Encumbrances, and for other Purposes therein mentioned'

Adjourn.

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

DIE Veneris, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Visc Dillon's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of several Estates, in the Counties of Mayo and Roscommon, in the Kingdom of Ireland, belonging to Henry late Lord Viscount Dillon, for Payment of Debts, and other Purposes therein mentioned"

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

It was Resolved in the Affirmative.

Williams of Stoke, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling the Manors, Advowson, Rectory, Woods, Lands, and Hereditaments, devised by the Will of Sir John Williams Knight, deceased, for the Purposes therein mentioned, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof."

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

It was Resolved in the Affirmative.

Message to H C with the preceding Bill.

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

To carry down the said Pills, and desire their Concurrence to them.

Ld Lymington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling the settled Estate of Catherine commonly called Lady Lymington, for discharging several Debts and Encumbrances, and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them, to meet on Monday the First Day of May next, at the usual Time and Place, and to adjourn as they please.

Napier against Macfarlane.

After hearing Counsel in Part, upon the amended Petition and Appeal of Gabriel Napier of Craigannet, late Sheriff Depute of Stirlingshire, complaining of several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, to which George Macfarlane Drover is Respondent.

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Adjourn.

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

DIE Lunæ, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Fitzgerald & al against Leslie & al and Bayly against Bayly, &al.

The House being informed, "That a Person attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Robert Fitzgerald Esquire and his Wife are Appellants, and James Leslie Clerk and other Respondents, and in the Cause wherein Flewing Bayly Gentleman is Appellant, and John Bayly and Thomas Tleming Esquires are Respondents"

Pleading proved.

He was called in, and delivered, at the Bar, the said Copies, and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland"

And then he was directed to withdraw.

Napier against Macfarlane.

After hearing Counsel, as well on Friday last as this Day, upon the amended Petition and Appeal of Gaoriel Napier of Craigannet, late Sherriff Depute of Stirlingshire, complaining of Two Interlocutors of the Lord Ordinary, of the 22d of January and 16th of June 1747, and also of an Interlocutor of the Lords of Session, of the 25th of November 1748, and likewise of another Interlocutor of the same Lords, of the First of December last, and also of an Interlocutor of the 9th of the same Month, whereby they adhered to their former Interlocutor, all made on the Behalf of George M^cfarlane Drover, and praying, "That the same might be reversed, and that the Appellant might have such Relief as to this House in their great Wisdom should seem meet" As also upon the Answer of the said George M^cfarlone put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Heron peremptorily to answer Stewart's Appeal.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.

The House was informed, "That Christian Heron has not put in her Answer to the Appeal of Mrs Agnes Stevart and her Husband, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Archibald Campbell Writer in Edinburgh, of the due Service of the said Order, being read.

Ordered, That the said Respondent do peremptorily put in her Answer to the said Appeal, in a Week.

Adjourn.

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

DIE Martis, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E Berkeleys Privilege, for his Tenants of a Fishery in the Severn.

Complaint was made to the House, "That several Persons had lately disturbed the Tenants of the Earl of Berkeley, in a District of Fishery in the River Severn, possessed by the said Earl and his Ancestors for a great Number of Years, in Breach of his Lordship's Privilege, and the Privilege of this House."

And Examination having been thereupon had at the Bar, in relation thereunto.

It is Ordered, That the Matter of the said Complaint be referred to the Lords Committees for Privileges, who are to meet, and consider thereof, on Monday Sevennight next, and that Robert Pearce, James Picke, Richard Jennings, Daniel Picke the Younger, Joseph Cornock, Daniel Picke the Elder, and William Cooke, do attend the said Committee.

Messages from H C to return Visc Fane's Bill,

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

To return the Bill, intituled, "An Act for Sale of the Inheritance of Part of the settled Estate of Charles Lord Viscount Fane, in the County of Devon, and in the County of Limerick in the Kingdom of Ireland, for discharging Debts and Encumbrances, and also for settling another Estate, in the County of Berks, in Lieu thereof, and for securing a Rent Charge to Mary Viscountess Fane, as a Compensation for her Estate for Life in the Premises in the County of Devon," and to acquaint this House, that they have agreed to the same, without any Amendment.

Vyvyan's Bill,

A Message was brought from the House of Commons, by Sir John Molesworth and others.

To return the Bill, intituled, "An Act to enable the making of Leases and Setts of Mines, of the Estates of Sir Richard Vyvyon Baronet, an Infant, in the Counties of Cornwall and Devon, during his Minority," and to acquaint this House, that they have agreed to the same, without any Amendment.

Marlow's Bill,

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

To return the Bill, intituled, "An Act for vesting the undivided Fifth Part of divers Lands and Hereditaments, in the County of Sussex, the Estate of Ebenezer Marlow and William Marlow his Son, an Infant, in Trustees, in Trust, to sell the same, for the Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Kempe's Nat. Bill,

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

To return the Bill, intituled, "An Act for naturalizing Frederick Christopher Kempe," and to acquaint this House, that they have agreed to the same, without any Amendment.

and Lynch's Bill, to take the Name of Blosse.

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

To return the Bill, intituled, "An Act to enable Robert Lynch Esquire to assume and take upon him the Name of Blosse," and to acquaint this House, that they have agreed to the same, without any Amendment.

Boroughbridge Road, Bill.

A Message was brought from the House of Commons, by Sir Conyers Darcy Comptroller of His Majesty's Household and others.

With a Bill, intituled, "An Act for enlarging the Powers granted by an Act passed in the Sixteenth Year of the Reign of His present Majesty, for repairing the Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Peirsbridge, on the River Tees," to which they desire the Concurrence of this House.

Argyllshire Roll of Valuation, Bill.

A Message was brought from the House of Commons, by Lieutenant General Campbell and others.

With a Bill, intituled, "An Act for making an authentic Roll of Valuation for the Shire of Argyll," to which they desire the Concurrence of this House.

Wevmouth, Petty Customs collecting, &c Bill.

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

With a Bill, intituled, "An Act for the better ascertaining, recovering, and collecting, certain Duties, called Petty Customs, or Wharfage, payable upon the Importation and Exportation of Goods and Merchandizes into or out of the Harbour of the Borough and Town of Waymouth and Melcombe Regis, in the County of Dorset, and also of Ballast and Harbour Duties payable in respect of Ships and Vessels coming into and going out of the said Harbour, and for the better repairing and keeping in Repair the said Harbour and Wharfs, and other public Buildings and Works within the said Borough and Town," to which they desire the Concurrence of this House.

The Three last mentioned Bills were read the First Time.

Bayly against Bayly & al.

The House being informed, "That a Person attended, in order to deliver in Copies of several Papers and Proceedings, in the Cause wherein Fleming Bayly Gentleman is Appellant, and John Bayly and Thomas Fleming Esquires are Respondents."

Pleadings proved.

He was called in, and delivered, at the Bar, the said Copies, and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland"

And then he was directed to withdraw.

America, United Brethren settling, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America"

It is Ordered, That the House be put into a Committee thereupon, on Friday next, and the Cause for that Day be put off to the Monday following, and the other Causes removed one Day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii, decimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Argyllshire Roll of Valuation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making an authentic Roll of Valuation for the Shire of Argyll."

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

Weymouth, Petty Customs collecting, &c Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better ascertaining, recovering, and collecting, certain Duties, commonly called Petty Customs, or Wharfage, payable upon the Importation and Exportation of Goods and Merchandizes into or out of the Harbour of the Borough and Town of Waymouth and Melcombe Regis, in the County of Dorset, and also of Ballast and Harbour Duties, payable in respect of Ships and Vessels coming into and going out of the said Harbour, and for the better repairing and keeping in Repair the said Harbour, and the Wharfs and other public Buildings and Works within the said Borough and Town."

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

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

Manufactures, to prevent Frands in, Bill.

A Message was brought from the House of Commons, by Mr. Horatio Walpole Senior and others.

With a Bill, intituled, "An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair, and Silk Manufactures, and for preventing unlawful Combinations of Journeymen Dyers and Journeymen Hot-pressers; and of all Persons employed in the said several Manufactures, and for the better Payment of their Wages," to which they desire the Concurrence of this House.

Whittlesey Fens draining, Bill.

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

With a Bill, intituled, "An Act for the more effectual draining and preserving of several Fen Lands and Field Lands, in the Bounds and Precincts of Whittlesey, in the Isle of Ely, in the County of Cambridge," to which they desire the Concurrence of this House.

The said Bills were both read the First Time,

Ordered, That the first mentioned Bill be printed.

Campbell against Sir Peter Halket.

After hearing Counsel in Part, upon the Petition and Appeal of John Campbell Cashier of the Royal Bank of Scotland, complaining of several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, to which Sir Peter Halket of Pitfirran Baronet is Respondent.

It is Ordered, That the further Hearing of the said Cause be adjourned till Friday next.

America, United Brethren settling, Bill.

Ordered, That the Sitting of the Committee of the whole House upon the Bill, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America," appointed for Friday next, be put off to the Wednesday following.

Boroughbridge Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Powers granted by an Act passed in the Sixteenth Year of the Reign of His present Majesty, for repairing the Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Peirsbridge, on the River Tees."

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.

Adjourn.

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