House of Lords Journal Volume 27: February 1749, 1-10

February 1749, 1-10

DIE Mercurii, 1^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Farnborough Road, repaning, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road leading from the Well at the North West End of the Town or Village of Farnborough, in the County of Kent, to a Place called Riverbill, in the Parish of Sevenoaks, in the said County," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Luthers Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Richard Luther Esquire and Charlotte his Wife, and for making the same more effectual, for the Benefit of the Children of that Marriage."

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 Thursday the 16th Instant, at the usual Time and Place, and to adjourn as they please.

Ordered, That all the Lords who were present Yesterday, and are not of the said Committee, be added thereunto.

Dunn against Merry.

This Day being appointed, for hearing the Cause upon the Appeal of Edward Dunn Esquire, complaining of a Decree of the Court of Exchequer in Ireland, of the 28th of June 1746, to which Appeal Thomas Merry Gentleman is Respondent.

Counsel appeared for the said Respondent, but none for the Appellant.

And the Respondent's Counsel having shortly stated the Case, and prayed an Affirmance of the said Decree with Costs.

The Counsel were directed to withdraw.

Judgement.

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: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Fifty Pounds of lawful Money of Great Britain, for his Costs in respect of the said Appeal.

Campbell Leave to bring an Appeal.

A Petition of John Campbell, Cashier, to the Royal Bank of Scotland, was presented, and read, setting forth, "That he was advised to appeal against several Proceedings and Interlocutors of the Lord Ordinary and Lords of Session in Scotland, but the same could not be prepared within the Time limited by the Standing Order of this House, by reason of the Irdisposition of the Petitioner's Agent," and praying That the said Order may be so sar disporsed with, as that the Petitioner's Appeal may be received"

And thereupon Mr Alexander Ross, the said Agent was called in, and heard at the Bar.

And being withdrawn.

Ordered, That the said Appeal be received, as desired.

Accordingly,

Campbell against Sir P Halker.

An Appeal of the Petitioner was presented, and read, complaining of several Interlocutors of the Lord Ordrnary and Lords of Session in Scotland, the last dated the 21st of July 1747, made on the Behalf of Sir Peter Halket of Pitfercan Baronet, and praying, "That the same may be reversed, varied, or altered, and such other Relief given the Appellant as to the great Wisdom and Justice of this House shall seem meet."

Ordered, That the said Sir Peter Halket may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the First Day of March next, and that Service of this Order on his Procurators or Agents be deemed good Service.

Viscountess Fane & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Viscountess Fane and others, 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 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 Rept Charge to Mary Viscountess Fane, as a Compensation for her Estate for Lise in the Premises in the County of Devon."

Arbuthnot against Macfarlane.

A Petition of James Arbuthnot Esquire, was presented, and read, setting forth, "That his Cause stands to be heard on Monday next, but there are wanting Two original Letters, which he is advised are material Evidences in this Cause, and are wrote for to Scotland, to be transmitted hither," and praying, "That the said Hearing may be put off to such Time as this House shall think fit"

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

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off to this Day Three Weeks.

Foster Leave for a Bill to take the Name of Barham.

Upon reading the Petition of Joseph Foster Barham Esquire, a Devisce and Legatee named in the last Will and Testament of Henry Barham Esquire, lately deceased, praying Leave to bring in a Bill, for enabling the Petitioner and his Issue Male to take and use the Surname of Barham, in Compliance with the said Will.

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly the Earl of Warwick presented to the House a Bill, intituled, "An Act to enable Joseph Foster Barham Esquire and his Issue to take and use the Surname of Barham, pursuant to the Will of Henry Barham Esquire, deceased"

And the same was read the First Time.

Rose and Usher against the Count of Roscommon.

Upon reading the Petition of Arthur Usher Esquire, and also of Hickmon Rose Esquire, Eldest Son and Heir and Administrator of George Rose Esquire, deceased, setting forth, "That the said George Rose and the Petitioner Arthur, on the Second of December 1746, exhibited an Appeal to this House, complaining of a Decree of the Court of Chancery in Ireland, to which the Countess Dowager of Roscommon put in her Answer the last Session, and the Cause was then set down for hearing, since which, the said George Rose died, and thereby the Proceedings are abated," and praying, That the same may be revived against the said Respondent"

Appeal revived.

It is Ordered, That the said Appeal, and all Proceedings therein, do stand revived accordingly, and that the Petitioner Hickman Rose do stand in the Place of the said George Rose, and have the same Benefit of the Appeal as he would have had was he still living.

Grundy to take the Name of Swinfen, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Samuel Grundy, now called Samuel Swinfen, and the Heirs Male of his Body, to take and use the Surname and Arms of Swinfen."

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 Burroughs and Mr Allen

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

Montagu to make Leases of Roger's Estate, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for empowering the Committee of the Estate of John Rogers Esquire, a Lunatic, to make Surrenders and Leases of the Freehold and Leasehold Estates of the said Lunatic, during his Lunacy," stands committed, be revived, and meet To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 2^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ

PRAYERS.

E. Stamford takes the Oaths.

Harry Earl of Stamford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mitchell & al Leave for a Bill to settle the Bishop of Salisburys Charity.

After reading, and considering, the Report of the Judges to whom was referred the Petition of David Mitchell Esquire and others, 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 applying Part of the Personal Estate of Gilbert late Lord Bishop of Salisbury for the purchasing of Lands or Rents in Perpetuity, in Scotland, to be settled to several Charitable Uses and Purposes in his Will mentioned"

Ludlam, Leave for a Bill, to sell Part of Lockwood's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Ludlam Clerk, 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 vesting the Inheritance of the Real Estate late of John Lockwood Gentleman, deceased, in Trustees, for the Payment of Encumbrances charged upon the same by virtue of, and under, his Will."

Sir R Vyvyans Guardians, Petition referred to Judges.

Upon reading the Petition of John Hoblyn Esquire and Edward Collins Clerk, Guardians and next Friends of Sir Richard Vyvyan, Grandson of Sir Richard Vyvyan late of Trelowarren in the County of Cornwall Baronet, deceased, an Infant under the Age of Twenty-one Years, praying Leave to bring in a Bill, to empower the Petitioners, during the Minority of the Sons of Sir Francis Vyvyan, Father of the said Sir Richard the Grandson, to grant Leases of all the Estates of the said Sir Richard the Grandfather, to pay off and discharge Debts and Legacies.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Foster and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Montagu to make Leases of Rogers's Estate, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering the Committee of the Estate of John Rogers Esquire, a Lunatic, to make Surrenders and Leases of the Freehold and Leasehold Estates of the said Lunatic, during his Lunacy," 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 then Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Fainborough Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from the Well at the North West End of the Town or Village of Farnborough, in the County of Kent, to a Place called Riverhill, in the Parish of Sevenoaks, in the said County"

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 next, at the usual Time and Place; and to adjourn as they please.

Foster to take the Name of Barham, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Joseph Foster Barham Esquire and his Issue to take and use the Surname of Barham, pursuant to the Will of Henry Barham Esquire, deceased"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Then Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Viscountess Fane & al Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Inheritance of Part of the settled Estate of Charles Lord Viscount Fane, in the County of Devor, 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 Compentation for her Estate for Life in the Premises in the County of Devon"

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships or any Five of them, to meet on Friday the 17th Instant, at the usual Time and Place, and to adjourn as they please.

Commissioners of Appeals, Prizes Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes"

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Ordered, That the said Bill be engrossed.

Ordered, That all the Lords be summoned, to attend the Service of this House To-morrow.

Campbell against Campbell & al.

Ordered, That the Cause wherein Magdalen Campbell is Appellant, and Jean Campbell and others are Respondents, which stands for hearing To-morrow, be put off to Monday next, and the other Causes removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Commissioners Appeals Prizes, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act, declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes."

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

It was Resolved in the Affirmative.

Montagu to make Leases of Rogers's Estate, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering the Committee of the Estate of John Rogers Esquire, a Lunatic, to make Surrenders and Leases of the Freehold and Leasehold Estates of the said Lunatic, during his Lunacy"

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

It was Resolved in the Affirmative.

Message to H C with the preceding Bills.

A Message was sent to the House of Commons, by Mr Edwards and Mr Sawyer

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

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

Hodie 2^a vice lecta est Billa, 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"

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

Then Lordships, or any Five of them, to meet on Monday the 20th Instant, at the usual Time and Place, and to adjourn as they please.

Late Bishop of Salisbury's Charity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for applying Part of the Personal Estate of Gilbert late Lord Bishop of Salisbury, for the purchasing of Lands or Rents in Perpetuity, in Scotland, to be settled to several charitable Uses and Purposes in his Will mentioned"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees abovenamed.

Their Lordships, or any Five of them, to meet on Tuesday the 21st Instant, at the usual Time and Place, and to adjourn as they please.

Adjourn.

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

DIE Lunæ, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Archbishop of York and Bishop of London sworn.

Mathew Lord Archbishop of York and Thomas Bishop of London took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, they having first delivered in Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Farnborough Road Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road leading from the Well at the North West End of the Town or Village of Farnborough, in the County of Kent, to a Place called Riverhill, in the Parish of Sevenoaks, 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"

Linning against Hamilton.

Upon reading the Petition and Appeal of Mary Linning, Daughter of the deceased Mr Thomas Linning, late Minister of the Gospel at Walstoun; complaining of several Interlocutors of the Commissaries of Edinburgh, Lord Ordinary, and Lords of Session in Scotland, or Parts thereof, the last dated the 24th of January 1748/9, made on the Behalf of Alexander Hamilton Gentleman, and praying, "That the same may be reversed, or that the Appellant may have such other Relief in the Premises as to this House shall seem meet."

It is Ordered, That the said Alexander Hamilton may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 6th Day of March next, and that Service of this Order on the Agent or any of the Counsel of the said Respondent be deemed good Service.

Visc Dillon's Petition referred to Judges.

Upon reading the Petition of Henry Dillon Esquire, commonly called Lord Viscount Dillon of Castello and Gallen in the Kingdom of Ireland, praying Leave to bring in a Bill, for Sale of the Reversion in Fee Simple, expectant upon the Decease of the Lady Viscountess Dilton, of several Estates in the said Kingdom, for discharging Debts and Encumbrances, and for other Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clarke and Mr Baron Clive, with the usual Directions, according to the Standing Order.

E Peterborow's Petition referred to Judges.

Upon reading the Petition of Charles Earl of Peterborow, and of Lady Frances and Lady Mary Mordaunt his Daughters, by the Petitioner their Father, in respect of their Infancy, and being under Age, praying Leave to bring in a Bill, to sell so much of certain Estates in Scotland, as shall be sufficient to satisfy the Debts affecting the same, and to lay out the Surplus arising thereby in the Purchase of other Lands more conveniently situated.

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 the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Campbell against Campbell & al Judgement.

This Day being appointed, for hearing Counsel, upon the Petition and Appeal of Magdalen Campbell Widow, Relict and Administratrix of Captain John Campbell of Carrick in North Britain, deceased, complaining of certain Interlocutors of the Lords of Session in Scotland, of the 28th and 29th of July 1747, and also of Two several Interlocutors, or Sentences, of the 5th and 6th of August next following, pronounced in Consequence thereof, by the Commissaries in the Commissary Court at Edinburgh, to which Appeal Mrs Jean Campbell and Miss Jean Campbell her Daughter are Respondents; and praying, "That the same might be reversed and set aside, or that this House would make such other Order, or Decree, for the Appellant's Relief, as to then Lordships should seem meet."

Counsel were accordingly called in.

And the Appellant's Counsel was heard, shortly to state the Case, and prayed, "That the Interlocutor of the Lords of Session, of the 28th of July 1747, and the Interlocutor of the Lord Ordinary in respect thereof, of the next Day, and also the Two Interlocutors or Sentences of the said Commissaries in Consequence thereof, of the 5th and 6th of August 1747, complained of in the said Appeal, may be reversed, except such Part of the said Interlocutor of the said 28th of July as remits the Bill of Advocation and Cause back to the said Commissaries, and that the Interlocutor of the said Commissaries, of the 23d of June 1747, may be affirmed."

And thereupon the several Interlocutors complained of were read.

And the Counsel for the Respondents being likewise heard, and consenting thereto.

The Counsel on both Sides were directed to withdraw.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (upon the Consent of the said Respondents), That the said Interlocutor of the Lords of Session, of the 28th of July 1747, except such Part thereof as remits the Bill of Advocation and Cause back to the said Commissaries, and the said Interlocutor of the Lord Ordinary in respect thereof, of the 29th of July 1747, and also the said Two Interlocutors or Sentences of the said Commissaries in Consequence thereof, dated the 5th and 6th of August 1747, be, and the same are hereby, reversed And it is further Ordered and Adjudged, That the said Interlocutor of the said Commissaries, of the 23d of June 1747, be, and the same is hereby, affirmed.

Adjourn.

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

DIE Martis, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Ld. Abergavenny takes his Seat.

George Lord Abergavenny sat first in Parliament, after the Death of his Father; his Lordship having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-nine," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Campbell alias Drummond against Campbell.

A Petition of Mary Campbell, Respondent to the Appeal of James Campbell, alias Drummond, and others, was presented, and read, praying, "In regard there is a Prospect of an Agreement between the Parties, that the Hearing of this Cause, which stands next appointed, may be put off for Two Months, so as in the mean Time the said Agreement may be finally adjusted and reduced into Writing."

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

And being withdrawn:

Ordered, That the said Hearing be put off for Two Months, as desired.

Messages from H C to return Klencke Nat Bill.

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

To return the Bill, intituled, "An Act for naturalizing Martin Klencke," and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Visc Vane & al Petition referred to Judges.

Upon reading the Petition of William Lord Viscount Vane of the Kingdom of Ireland, Frances Lady Viscountess Vane his Wife, Thomas Duke of Leeds, Francis Hawes Esquire, and Thomas Hawes Esquire, praying Leave to bring in a Bill, for Sale or Mortgage of Part of the Estate settled upon the Petitioner the said Lord Viscount's Marriage, in order to raise Money, for Payment of Debts.

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. Baron Clarke; with the usual Directions, according to the Standing Order.

Glynn & al Petition referred to Judges.

Upon reading the Petition of Elizabeth Glynn Widow, Relict and also Administratrix of Nicholas Glynn late of Glynn in the County of Cornwall Esquire, deceased, who was the Eldest Son and Heir at Law of William Glynn, heretofore of the same Place, Esquire, deceased, by Rose his Wife, late Rose Prideaux, also deceased, for and on the Behalf of William Glynn her Infant Son (now under the Age of Thirteen Years) by the said Nicholas Glynn, and of John, Gertude, and Elizabeth Glynn, the only surviving Brother and Sisters of the said Nicholas Glynn, by the said William Glynn and Rose his Wife, praying Leave to bring in a Bill, to enable the making of Leases of certain Estates in the County of Devon, in the Petition mentioned, agreeable to the Usage of the Country.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clarke and Mr Baron Clive, with the usual Directions, according to the Standing Order.

Middleton, Petition referred to Judges.

Upon reading the Petition of Mary Middleton Widow, and John Dalrymple of Stair Esquire, on Behalf of themselves, and of Margaret Dalrymple Wife of the said John Dalrymple, and of Mary Craufurd, John Craufurd, Jane Craufurd, and James Craufurd, Grandchildren of the said Mary Middleton, all Infants under the Age of Twentyone Years, praying Leave to bring in a Bill, for Sale of a Messuage and Land, in the Parish of Twickenham, in the County of Middlesex, and for vesting the Money arising thereby in Trustees, for the same Uses to which the said Estate is given by the Will of George Middleton Banker, deceased.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr. Justice Abney, with the usual Directions, according to the Standing Order.

Tracy & al Petition referred to Judges.

Upon reading the Petition of Thomas Tracy Esquire and Mary Tracy his Wife, only Daughter and Heir of Sir William Dodwell late of Sevenhampton in the County of Gloucester Knight, deceased, for themselves, and on the Behalf of Dodwell Tracy then only Child, an Infant, praying Leave to bring in a Bill, for Sale of several Estates mentioned in the Will of Sir William Dodwell, and settling another Estate, already purchased, to the Uses the other Estates stand settled.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Abney and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Harrison to take the Name of Kimpson Leave for a Bill.

Upon reading the Petition of Thomas Harrison, only Son of William Harrison Gentleman, deceased, by Elizabeth his Wife, formerly Elizabeth Pinder Spinster, and now the Wife of Robert Camm, praying Leave to bring in a Bill, for establishing the Surname of Kimpson in him and the Heirs Male of his Body, in Compliance with the Will of Thomas Kimpson late of Brent Broughton in the County of Lincoln Clerk deceased.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Ross to enter into Recognizance for Campbell.

The House being moved, "That Alexander Ross Gentleman may be permitted to enter into a Recognizance for John Campbell Cashier of the Royal Bank of Scotland, on account of his Appeal depending in this House, he residing there"

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

Farnborough Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from the Well at the North West End of the Town or Village of Farnborough, in the County of Kent, to a Place called Riverhill, in the Parish of Sevenoaks, in the said County."

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. Spicer:

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

Foster to take the Name of Barham, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable Joseph Foster Barham Esquire and his Issue to take and use the Surname of Barham, pursuant to the Will of Henry Barham Esquire, deceased," was committed, be revived, and meet on Thursday next.

Rosh's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Samuel Rosh Gentleman with Dorothy Fuller his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," and for hearing Counsel for and against the same.

Counsel was accordingly called in.

And the Bill wasread a Second Time.

And he was heard at large for the Bill; no Counsel appearing for the said Dorothy.

And some Witnesses were called in, and severally examined upon Oath, in order to make out the Allegations of the Bill.

And a Copy of a Verdict at Law, obtained against one Mr. James Mingay, for Criminal Conversation with the said Dorothy, and also an Exemplification of a definitive Sentence of Divorce from Bed and Board, obtained in the Consistory Court of the Lord Bishop of London, against her, for Adultery, were both produced, and severally read.

Then the Counsel was directed to withdraw.

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

Adjourn.

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

DIE Jovis, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fortynine"

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

Report Commissioners of Greenwich Hospital delivered.

The House being informed, "That a Person from the Commissioners of Greenwich Hospital attended"

He was called in, and delivered, at the Bar,

"A Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st December 1747, and 30th November 1748, and of their Proceedings in carrying on the Building"

And then he was directed to withdraw.

And the Title of the said Report being read by the Clerk.

Ordered, That the same do lie on the Table.

Gwyn & Ux. Petition referred to Judges.

Upon reading the Petition of Francis Gwyn Esquire and Lora Gwyn his Wife, praying Leave to bring in a Bill, for Sale of an Estate in the County of Devon, in the Petition mentioned, with the Timber growing thereon, for discharging Debts and Encumbrances.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clive and Mr Baron Legge, with the usual Directions, according to the Standing Order.

Seccombe & al Petition referred to Judges.

Upon reading the Petition of Ambrose Seccombe of St Margaret's Westminster in the County of Middlesex Esquire, and Thomas Rigg of St. Margaret Westminster aforesaid Gentleman and Catherine his Wife, praying Leave to bring in a Bill, for Sale of certain Estates in the Petition mentioned, and, with the Money arising thereby, or Part thereof, to purchase other Estates, to the Uses in the Petition expressed.

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 Abney, with the usual Directions, according to the Standing Order.

Ld Lymington & Ux Petition referred to Judges.

Upon reading the Petition of John Wallop Esquire, commonly called Lord Lymington, and of Catherine his Wife, commonly called Lady Lymington, Daughter and Heir of John Conduit Esquire, deceased, by Catherine Conduit his Wife, also deceased, praying Leave to bring in a Bill, for Sale of the Estates comprized in the Petitioners Marriage Settlement, to discharge Encumbrances affecting the same, and for laying out the Surplus in the Purchase of other Lands, to be settled to the same Uses.

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Clarke and Mr. Baron Clive, with the usual Directions, according to the Standing Order.

Lawrence Williams Petition referred to Judges.

Upon reading the Petition of Lawrence Williams Esquire and Elizabeth Williams his Wife, William Warburton Esquire and Barbara Warburton his Wife and which said Elizabeth Williams and Barbara Warburton are the Two surviving Daughters of William Robinson Lytton Esquire, deceased, praying Leave to bring in a Bill, for Sale of certain Estates in London, and in the Counties of Sussex, Worcester, Gloucester, and Hereford, for raising Money, to discharge the Encumbrances affecting the same, and for other Purposes in the Petition mentioned.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Dennison and Mr. Justice Burnett, with the usual Directions, according to the Standing Order.

Courtenay's Petition referred to Judges.

Upon reading the Petition of Elizabeth Courtenay, Widow and Relict of Kelland Courtenay late of Painsford in the County of Devon Esquire, as Guardian, and on the Behalf, of her Children by the said Kelland Courtenay, who are all Infants, praying Leave to bring in a Bill, to make and renew Leases and Grants of Mines and Lands, in the Counties of Devon and Cornwall, according to the Custom of the Country.

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 Wright, with the usual Directions, according to the Standing Order.

Frank & al Petition referred to Judge.

Upon reading the Petition of John Frank Gentleman and Lydia Frank his Wife, and Francis Rowcliffe Gentleman, praying Leave to bring in a Bill, for selling the Manor, Soke, and Royalty, of Carster, in the County of Lincoln, and for settling another Estate, in the same County, to the like Uses, in Lieu thereof.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Abney and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Mortimer & al Petition for a Bill to sell Manifield's Estates, referred to Judges.

Upon reading the Petition of Edward Mortimer, for and on the Behalf of Paul Mortimer and Martha Mortimer his Son and Daughter (by Martha Mortimer his late Wife, deceased), who are both Infants, and also of Richard Bramson and Anne Bramson his Wife, another Daughter of the said Edward Mortimer, by the said Martha his Wife, and also of Paul Mansfield, Nephew of Paul Mansfield late of Twickenham in the County of Middlesex Yeoman, deceased, praying Leave to bring in a Bill, for Sale of certain Freehold and Copyhold Estates, devised by the Will of the said Paul Mansfield, deceased; and for placing out Part of the Purchase money for the Benefit of Infants.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clive and Mr. Baron Legge, with the usual Directions, according to the Standing Order.

Dr Cotton's Petition referred to Judges.

Upon reading the Petition of Nathaniel Cotton Doctor in Physic, and Anne Cotton his Wife, One of the Daughters of Joshua Pembroke Esquire, deceased, Anne Pembroke, Widow and Relict of the said Joshua Pembroke, and George Pembroke Eldest Son and Heir of the said Joshua Pembroke by the said Anne Pembroke, praying Leave to bring in a Bill for Sale of a Copyhold Estate in the Manor of Shenley Bury, in the County of Hertford; and for laying out the Money arising thereby in the Purchase of another Estate, to be settled to the Uses of the Petitioner the Doctor's Marriage Settlement.

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 Abney, with the usual Directions, according to the Standing Order.

Williams & al Petition referred to Judge.

Upon reading the Petition of Richard Williams of Stoake next Nayland in the County of Suffolk Esquire, Eldest Son of Sir John Williams late of London Knight, deceased, by Dame Mary Williams his Wife, also deceased, John Williams of Felix Hall in the County of Essex Esquire, the other Son of the said Sir John Williams by the said Dame Mary his Wife, Philadelphia Williams of Spinster, and Elizabeth Williams of Spinster, Devisees named in the last Will and Testament of the said Sir John Williams, praying Leave to bring in a Bill, for Sale of certain Estates in the Petition mentioned, devised by the Will of Sir John Williams, and laying out the Money arising thereby in Lands, to be settled to such of the Uses of the said Will as shall be then subsisting.

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 Burnett, with the usual Directions, according to the Standing Order.

Smith & al Petition referred to Judges.

Upon reading the Petition of Joseph Smith and James Winter Esquires, and William Mount Stationer, Assignees of the Estate and Effects of John Raymond a Bankrupt (on Behalf of themselves and all other the Creditors of the said John Raymond), and of Sir Kenrick Clayton Baronet, James Lambe and Matthew Kenrick Esquires, for and on Behalf of John Raymond Junior, Britannia Raymond, and Elizabeth Raymond, Infants, the Son and Daughters of the said Bankrupt by Britannia his late Wife, deceased, praying Leave to bring in a Bill, for Sale of the Estate and Premises comprized in the Marriage Settlement of the said John Raymond, and for dividing the Money thereby arising between the said Assignees and the said Bankrupt's Children, as in the Petition mentioned.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Foster and Mr. Justice Birch; with the usual Directions, according to the Standing Order.

Foster to take the Name of Barham, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Joseph Foster Barham Esquire and his Issue to take and use the Surname of Barham, pursuant to the Will of Henry Barham Esquire, deceased," 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."

Ordered, That the said Bill be engrossed.

East Woodhey Common, Bill.

The same Lord made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing East Woodhey Down, and the Open and Common Fields of East Woodhey and Hollington, in the County of Southampton, pursuant to an Agreement entered into for that Purpose," was committed.

Lynch, Leave for a Bill, to take the Name of Blosse.

Upon reading the Petition of Robert Lynch Blosse Esquire, Eldest Son and Heir Apparent of Sir Henry Lynch of Castle Carra in the County of Mayo in the Kingdom of Ireland Baronet, praying Leave to bring in a Bill, to enable the Petitioner to take upon him the Name of Blosse, pursuant to the Will of Tobias Blosse late of Little Belstead in the County of Suffolk Esquire, deceased.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Courant Leave for a Nat Bill.

Upon reading the Petition of Charles Louis Courant, praying Leave to bring a Bill, for his Naturalization.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Accordingly the Earl of Warwick presented to the House a Bill, intituled, "An Act for naturalizing Charles Louis Courart."

Bill read.

And the same was read the First Time.

Then the said Charles Louis Courant took the Oaths, in order to his Naturalization.

Rash's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Samuel Rash Gentleman with Dorothy Fuller his now Wife, and to enable him to marry again, and for other Purposes therein mentioned"

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made One Amendment thereunto, which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Garden to enter into Recognizance for Linning.

The House being moved, "That Robert Garden of The Middle Temple London Gentleman may be permitted to enter into a Recognizance for Elizabeth Linning, on account of her Appeal depending in this House, she being in Scotland"

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

Adjourn.

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

DIE Veneris, 10^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

East Woodhey Common enclosing Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing East Woodhey Down, and the Open and Common Fields of East Woodhey and Hollington, in the County of Southampton, pursuant to an Agreement entered into for that Purpose.

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. Allen and Mr Spicer

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

Foster to take the Name of Barham, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Joseph Foster Barham Esquire and his Issue to take and use the Surname of Barham, pursuant to the Will of Henry Barham Esquire, deceased."

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 then Concurrence thereunto.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-nine."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Commissioners Appeals Prizes, Bill.

A Message was brought from the House of Commons, by Sir William Yonge and others.

To return the Bill, intituled, "An Act, declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes," and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from H C to return Guillon's Nat Bill.

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

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

Courant Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Charles Louis Courant"

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 Thursday next, at the usual Time and Place, and to adjourn as they please.

Countess Kildare & al Order for Papers to be produced.

A Petition of Mary Countess of Kildare and others, was presented, and read, praying, "That this House will be pleased to order, that the original Books of the Proceedings of the Trustees appointed by Act of Parliament, to pay the Debts of the Four Banks of Benjamin Burton and Francis Harrison, Benjamin Burton and Samuel Burton, Benjamin Burton, Samuel Burton, and Daniel Falkiner, and Samuel Burton and Daniel Falkiner, and also the Papers and Exhibits in the Custody of the said Trustees (which were read on the Behalf of the Petitioners, at the hearing their Cause below) may be produced by the said Trustees, at the Hearing of the Petitioners Appeal, or otherwise that attested Copies of the said Proceedings, Papers, and Exhibits, signed by Thomas Le Hunt Esquire, the said Trustees Register, the Originals whereof are entered in the Minutes, as read on the Part of the Petitioners at the several Hearings before the Court below, may be read as Evidence on hearing the said Appeal, in the same Manner as if the said Originals were produced, saving all just Exceptions in every other respect, except only as to the reading the attested Copies instead of Originals"

And thereupon the Agents on both Sides being called in, and heard at the Bar,

And withdrawn.

Ordered, That the said Trustees do cause to be given to the Petitioners, or their Agents, at the Petitioners Expence, Copies of such Parts of the original Books of the Proceedings of the said Trustees, and of the original Papers and Exhibits in their Custody, as were read at the Hearing and Re-hearing of the Cause in the Court of Chancery of Ireland on the Part of the Pentioners, and that such Copies be examined with the Originals, and attested and signed by the said Thomas Le Hunt, the Trustees Register, and, being so examined, attested, and signed, be read as Evidence on hearing the Petitioners Appeal, in the same Manner as if the Originals were produced, saving all just Exceptions in every other respect, except only as to the reading the said Copies instead of the said Originals; and Service of this Order on the said Thomas Le Hunt shall be deemed good Service on the said Trustees.

Burton & al. Order for the like Papers.

A Petition of Robert, Charles, and Francis Burton, Three of the Respondents to the Original Appeal of Mary Countess of Kildare and others, was presented, and read, praying, "That the original Books of the Proceedings of the Trustees, appointed by Act of Parliament to pay the Debts of the Four Banks of Benjamin Burton and Francis Harrison, Benjamin Burton and Samuel Burton, Benjamin Burton, Samuel Burton, and Daniel Falkiner, and Samuel Burton and Daniel Falkiner, and also the original Papers and Exhibits in their Custody, which were read on the Part of the Petitioners at the hearing and re-hearing their Cause below, may be produced by the said Trustees at the hearing the Cause before this House, or otherwise that attested Copies of the said Proceedings, Papers, and Exhibits, signed by the said Trustees Register, the Originals whereof are entered in the Minutes, as read on the Hearing and Re-hearing below, may be read on the hearing the Cause before this House, in the same Manner as if the Originals were produced, and particularly that the Copies of certain Claims and Adjudications in the Petition mentioned, as entered in a Book marked B. B and F H. certified by the said Register's Clerk Robert Throp, may be read as Evidence on the Hearing of this Cause, in the same Manner as if the Originals were produced, saving all just Exceptions in every other respect, only as to the reading the said attested Copies instead of the Originals, and that Service of this Order upon the said Trustees, or any Three of them, or upon their said Register, may be deemed good Service, or that this House will be pleased to make such other Order, for the Petitioners Relief in the Premises, as to their Lordships in their great Wisdom and Justice shall seem meet."

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

And being withdrawn:

Ordered, That the said Trustees do cause to be given to the Petitioners, or their Agents, at the Petitioners Expence, Copies of such Parts of the original Books of the Proceedings of the said Trustees, and of the original Papers and Exhibits in their Custody, as were read at the Hearing and Re-hearing of the Cause in the Court of Chancery of Ireland on the Part of the Petitioners, and that such Copies be examined with the Originals, and attested, and signed by the said Thomas Le Hunt the Trustees Register, and, being so examined, attested, and signed, be read as Evidence on the hearing this Appeal, in the same Manner as if the Originals were produced, saving all just Exceptions in every other respect, except only as to the reading the said Copies instead of the said Originals, and Service of this Order on the said Thomas Le Hunt shall be deemed good Service on the said Trustees.

Parminter against Symons, Writ of Error.

The House being moved, "That a Day may be appointed, for hearing the Errors argued upon the Writ of Error, wherein Henry Parminter is Plaintiff, and Thomas Symons Defendant"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Monday Sevennight.

Rash's Divorce Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to dissolve the Marriage of Samuel Rash Gentleman with Dorothy Fuller his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," was committed, the Amendment made by the Committee to the said Bill.

Which, being read Twice by the Clerk, was agreed to by the House, and another Amendment was made, by the House, to the Bill.

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

Adjourn.

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