House of Lords Journal Volume 36: January 1780

January 1780

DIE Jovis, 27^o Januarii 1780.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Atkyns against Atkyns, et al.

The separate Answer of William Wright, the Uncle and late Guardian of the Appellant Edward Atkyns, and of the Respondent John Atkyns, and present Guardian of the other Respondent Mary Atkyns an Infant, to the Appeal of the said Edward Atkyns, was this Day brought in:

As was also, The joint Answer of John Atkyns and Mary Atkyns, the Two surviving Children and Devisees of Edward Atkyns Esquire, lately deceased, and John Liotard, the surviving Devisee and Executor named in the Will of the said Richard Atkyns Esquire deceased, to the Appeal of Edward Atkyns Esquire.

Shepherd against Cazalet, et al.

Upon reading the Petition of Peter Cazalet and others, Defendants in a Writ of Error depending in this House, wherein William Shepherd 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 Non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs:

It is Ordered, That the Petitioners 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 Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Dolphin against Pack et al.

Upon reading the Petition of George Dolphin Esquire, Appellant in a Cause depending in this House, to which Thomas Pack and others are Respondents; setting forth, "That the Petitioner hath in this Session presented his Petition of Appeal to their Lordships, praying a Reversal of several Orders therein stated, and made in a cause in His Majesty's Court of Exchequer in Ireland, wherein Thomas Pack, Anthony Pack, Richard Pack, Mary Pack, Jane Pack, Ann Pack, Samuel Pack and Percy Pack, all Infants, by the Reverend Richard Pack their Father and Guardian, and the said Richard Pack and Mary Pack, otherwise Percy, his Wife, Executors of Jane Percy Widow, deceased, are Complainants, and the Petitioner Defendant: That the Name of Richard Pack was, by Mistake, omitted in the Petitioner's said Petition of Appeal, and by reason of such Omission, their Lordships Order for the Respondents to answer hath not been as yet served, and the Time thereby limited for them to answer is now expired;" and therefore praying their Lordships, "That he may be at Liberty to amend his said Petition of Appeal, by inserting therein the Name of the said Richard Pack an Infant; and that their Lordships will be pleased to grant to the Petitioner their Lordships fresh Order of Summons, to be directed to all the said Complainants, commanding them to put in their Answers to the said Appeal, at such Time as their Lordships shall prefix; and that Service of the said Order, on the said Complainants or their Agents or Solicitors in the said Court of Exchequer in Ireland, may be deemed good Service on them respectively:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by inserting therein the Name of the said Richard Pack an Infant, Respondent thereto, as desired; and that he do put in his Answer to the said Appeal in Writing, on or before Thursday the 2d Day of March next; and Service of this Order on the known Agents or Solicitors for the Respondent in the said Court of Exchequer in Ireland, shall be deemed good Service.

Blake to receive Appeal though out of Time:

A Petition of Mark Blake Esquire was presented and read; setting forth, "That on the 13th Day of November, last, an Order was pronounced in His Majesty's Court of Exchequer in Ireland, in a Cause wherein Joseph Lynch Esquire and Margaret his Wife were Plaintiffs, and the Petitioner Defendant, by which Order the Petitioner is advised by his Counsel that he is much aggrieved: That the Petitioner being totally unacquainted with the Order of this House for receiving Appeals within Fourteen Days of the beginning of every Session of Parliament, he neglected to send over his Instructions to his Agent here for preparing his Petition of Appeal to their Lordships, before the Adjournment of this Honourable House for the Christmas Recess; but that as the said Order was pronounced so late as the 13th of November last, the Petitioner therefore humbly hopes and prays, their Lordships will be pleased to receive his said Appeal though out of Time."

And thereupon the Agent for the Petitioner was called in, and heard at the Bar:

And being withdrawn;

Ordered, That the Petitioner be at Liberty to present his said Appeal as desired.

Blake against Lynch et Ux.

Accordingly, Upon reading the Petition and Appeal of Mark Blake Esquire, complaining of an Order of the Court of Exchequer in Ireland, of the 13th of November 1779; and praying, "That the same may be reversed, 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 Joseph Lynch of Cloonlabeen, in the County of Mayho, Esquire, and Margaret his Wife, may be required to answer the said Appeal:"

It is Ordered, That the said Joseph Lynch and Margaret his Wife, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 2d Day of March next; and Service of this Order upon the said Respondents, or upon their Clerk in Court, Agent or Solicitor, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Sitwell et al. Petition referred to Judges.

Upon reading the Petition of Edward Sacheverel Sitwell Esquire, Robert Wilmot Clerk, and Simon Wilmot Esquire; 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 Asbburst, 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.

Haldane against Elphinston, et al.

Upon reading the Petition and Appeal of George Haldane of Gleneagles, Esquire, complaining of so much of an Interlocutor of the Lords of Session in Scotland of the 18th of November 1779, as finds that no claim for Interest lies to the Petitioner upon the Two Debentures therein mentioned; and also of another Interlocutor of the said Lords, of the 4th of December 1779, refusing the Desire of the Petitioner's reclaiming Petition; and praying, "That the same, so far as complained of, 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 the Honourable John Elphinston, the Governor and Company of Undertakers for raising Thames Water in York Buildings, James Ferguson of Pitfour, Esquire, and the Officers of State for His Majesty's Interest, may be required to answer the said Appeal:"

It is Ordered, That the said Honourable John Elphinston, the Governor and Company of Undertakers for raising Thames Water in York Buildings, James Ferguson of Pitfour, Esquire, and the Officers of State for His Majesty's Interest, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 24th Day of February 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.

Hogg against Hogg.

Ordered, That the Hearing of the Cause wherein Robert Hogg of Ramoir, is Appellant, and Mary Hogg is Respondent, which stands appointed for To-morrow, be put off to Wednesday next.

Causes put off.

Ordered, That the Hearing of the Cause wherein Andrew Wauchope of Niddry, Esquire, is Appellant, and Sir Archibald Hope Baronet, and James Earl of Abercorn, are Respondents, et e contra, which stands appointed for Monday next, be put off to Friday the 11th Day of February next; and that the rest of the Causes be removed in Course.

Bp. Lincoln to preach on 31st Jan.

Ordered, That the Lord Bishop of Lincoln, be and he is hereby desired to preach before this House on Monday the 31st Day of this Instant January, in the Abbey Church, Westminster.

Bp. St. Davids to preach on Fast Day.

Ordered, That the Lord Bishop of St. Davids be, and he is hereby desired to preach before this House on Friday the 4th Day of February next, in the Abbey Church Westminster, being the Day appointed by His Majesty's Royal Proclamation for a General Fast.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum primum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 31^o Januarii 1780.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then in order to solemnize this Day, being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First;

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem Februarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.