Journal of the House of Lords Volume 25, 1737-1741. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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February 1738, 21-28
DIE Martis, 21o Februarii.
(fn. 1) Malt Bill.
The House (according to Order) was in a Committee on (fn. 1) this Bill.
The Lord Bishop of Bristol presented to the House (pursuant to their Lordships Order Yesterday) a Bill, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."
The House was moved, "That the Order made the 24th of March 1728, for the Judges to prepare and bring in a Bill, for the Exemplification of Wills, and making such Exemplification Evidence, might be read."
Ordered, That the Judges do prepare and bring in a Bill, for the Exemplification of Wills and of Deeds enroled, and for making such Exemplifications, and authentic Copies of such Deeds enroled, to be Evidence in all Courts of Law and Equity in Great Britain and Ireland.
Upon reading the Petition of Joseph Banks Esquire, of Reavesby Abby, in the County of Lincoln, and Joseph his Son and Heir; praying Leave to bring in a Bill, for explaining a Power contained in an Act made in the Ninth Year of His present Majesty, for the Benefit of the Petitioners Children, and making the same more effectual:
The House being moved, "That Hugh Watson, of The Middle Temple, Gentleman, may be permitted to enter into a Recognizance for George Marquis of Annandale, on account of his Appeal depending in this House; he being beyond Sea:"
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1736, and 31st of December 1737; 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 of December 1716, the said Fund hath been applied."
DIE Jovis, 23o Februarii.
The Earl Fitzwalter acquainted the House, "That the Lords with White Staves (pursuant to the Order of Tuesday last) had presented to His Majesty the Address of this House, for a State of the National Debt; and that His Majesty had given Order, that the same be laid before this House accordingly."
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-eight."
A Petition of William Marquis of Powis, Respondent to the Appeal of George Mackenzie Esquire, was presented, and read; setting forth, "That the Decree of the Court of Exchequer appealed from is but just passed; whereby the Petitioner has not been able to settle his Case, or instruct his Counsel, so as to be prepared for the Hearing To-morrow;" and praying, "That the same may be adjourned to a further Day."
Hodie 2a vice lecta est Billa, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."
Upon reading the Petition of Richard Lord Viscount Molyneux and Mary Lady Molyneux his Wife, Caryl, William, Thomas, Mary, Elizabeth; and Anne Molyneux, Brothers and Sisters of the said Lord Molyneux, Dorothy Molyneux Daughter of the said Lord Molyneux, and Mary Clifton another Daughter of the said Lord Molyneux, for herself, and on Behalf of Mary, Juliana, Isabella, and Eleonora Clifton, her Daughters by her late Husband Thomas Clifton Esquire, deceased, who are all Infants; praying Leave to bring in a Bill, to charge a competent Part of certain Estates in the Petition mentioned, in the County of Lancaster, for raising Portions for the Children of Thomas Clifton Esquire, deceased, by the Petitioner Mary Clifton his Widow; and for other Purposes in the Petition expressed:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Comyns; with the usual Directions, according to the Standing Order.
Upon reading the Petition of Alexander Garret Esquire, Defendant in a Writ of Error brought into this House the last Session of Parliament; praying, "In regard Nicholas Lefebure, the Plaintiff in the said Writ, hath not assigned Errors thereon, pursuant to their Lordships Standing Order, that the same may be 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 in 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 Twenty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.
The House was informed, "That Henry Byam Wood, One of the Respondents to the Appeal of Robert Moore Esquire and others, had not put in his Answer thereunto, though his Clerk in Court had been duly served with the Order of this House for that Purpose."
Upon reading the Petition and Appeal of Mr. Hugh Murray, of Kynnynmound, Advocate, accepting Trustee named in the last Settlement of James Rochead of Innerleith Baronet, deceased, in Behalf of the whole Persons for whose Behoof the said Trust-right is granted, and of James Dalrymple, Second Son of Sir James Dalrymple of Haills Baronet, and Hugh Somervell of Innerteill, Writer to His Majesty's Signet, Tutor ad Litem to the said James Dalrymple, an Infant; complaining of several Interlocutors of the Lords of Session in Scotland, made the 26th of January 1737/8, and 9th and 14th of February Instant, on the Behalf of Colonel James Cathcart and Mrs. Elizabeth Rochead; and praying, "That the same may be reversed, and such other Relief given the Appellants as to the House shall seem meet:"
It is Ordered, That the said Colonel James Cathcart and Mrs. Elizabeth Rochead may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 23d Day of March next; and that Service of this Order on their Agents, Solicitors, or Procurators, in the said Court of Session in Scotland, be deemed good Service.
Upon reading the Petition of Sir Hew Dalrymple Baronet; setting forth, "That he is advised to add Part of the Interlocutor of the Lords of Session, complained of in his Appeal, which was omitted therein; and also to make Mrs. Mary Buchan a Respondent, who was a Party to the Suit before the said Lords; and likewise to alter some Words in the said Appeal;" and praying, "That he may amend the Appeal accordingly:"
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; and that the said Mrs. Mary Buchan may have a Copy thereof, when amended; and do put in her Answer thereunto, in Writing, within Four Weeks from that Time; and that Service of this Order on her Agent in the said Cause be good Service.
After hearing Counsel, on Monday and Tuesday last, upon the Petition and Appeal of Conrade de Gols Esquire and John Read Gentleman, Assignees of the Estate and Effects of John Ward, late of London, Merchant, a Bankrupt; complaining of a Decree of Dismission of the Court of Chancery, of the 4th of December 1736, made in a Cause wherein the Appellants were Complainants, and Philip Jones, Francis Pyle, Elizabeth Rogers, Ralph Ward, Knox Ward and Elizabeth his Wife, Thomas Nettleton, James Lamborne, and George Wallis, Defendants; and praying, "That the same may be reversed; and that the Appellants may have such other Relief as to the great Wisdom of this House shall seem meet:" As also upon the Answers of the abovenamed Defendants put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of Dismission complained of in the said Appeal be, and the same is hereby, reversed: And it is further Ordered, That the said Court of Chancery do proceed to hear the said Cause, upon the Merits thereof, according to the Course of that Court.