House of Lords Journal Volume 27: February 1751, 1-10

February 1751, 1-10

DIE Veneris, 1^o Februarii.

Dominus tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Visc. Bulkeley & al Petition referred to Judge.

Upon reading the Petition of James Viscount Bulkeley of the Kingdom of Ireland, Brother and Heir of Richard late Viscount Bulkeley deceased, and of Edward Williams Esquire and Jane his Wife, commonly called Lady Bulkeley, formerly Wife of the said Richard late Viscount Bulkeley, praying Leave to bring in a Bill, to enable the said Viscount Bulkeley, with the Coment of the said Edward Williams and his Wife, to cut down Timber growing on the Jointure Lands in the Petition mentioned, and for other Purposes therein expressed.

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

Drummond against His Majesty's Advocate.

Upon reading the Petition and Appeal of Thomas Drummond of Logrealmond Esquire, complaining of an Interlocutor, or Judgement, of the Lords of Session in Scotland, of the First of December last, and praying, That the same may be reversed, and such other Relief given the Appellant as to this House in their great Wisdom shall seem meet, and that His Majesty's Advocate for Scotland may be required to put in his Answer thereunto"

It is Ordered, That His Majesty's said Advocate may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the First Day of March next, and that Service of this Order upon the Lawyers or Agents to the Crown be deemed good Service.

Strachans against Garden & al.

Upon reading the Petition and Appeal of Christian and Elizabeth Strachans, Spinsters, Daughters of Sir Patrick Strachan of Glenkindy Knight, deceased, complaining of an Interlocutor of the Lord Ordinary, of the 1st of February 1737, as also of another Interlocutor of the same Lord, of the 22d of June following, whereby he adhered to his former Interlocutor, and likewise of an Interlocutor of the Lords of Session in Scotland, of the 19th of July following, and also of an Interlocutor of the Lord Ordinary, of the 22d of the same Month, as likewise of an Interlocutor of the said Lords, of the 12th of July 1738, made on the Behalf of Garden of Troop, William Forbes of Tilliery an Infant, William Urquhart of Meldrum, Arthur Gordon of Wardhouse, and Thomas Mossman Advocate in Aberdeen, and the several other Creditors of the said Sir Patrick Strachan, and praying, "That the said Interlocutors may be reversed, and such other Relief given the Appellants as to this House shall seem meet"

It is Ordered, That the several Parties last named 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 Friday the First Day of March next, and that Service of this Order upon their respective Agents before the Court of Session in Scotland be deemed good Service.

Dinwiddie & al against Bird.

Upon reading the Petition and Appeal of Laurence Dinwiddie Merchant and late Provost of Glasgow, Patrick Nisbett Merchant there, Robert Finlay Tanner there, and Robert Dinwiddie Merchant in London, Proprietors of a Delft Ware Manufactory, lately set up at Glasgow, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of December and 11th of January last, made on the Behalf of John Bird Potter, and praying, "That the said Interlocutors may be reversed, varied, or altered, and such other Relief given the Appellants as to this House in their great Wisdom and Just ce shall seem meet"

It is Ordered, That the said John Bird may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the First Day of March next, and that Service of this Order on any One of his Procurators or Agents in the Court below be deemed good Service.

Report Commissioners is Greenwich Hospital.

The House being informed, "That Richard Horne, Secretary to the Commissioners of Greenwich Hospital, attended"

He was called in, and delivered, at the Bar, pursuant to the Directions of an Act of Parliament,

"A Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between 1st December 1749, and 30th November 1750, and of their Proceedings in carrying on the Building"

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk.

Ordered, That the said Report do lie on the Table.

Countess Strathmore against Forbes.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Susanna Countess Dowager of Strathmore is Appellant, and George Forbes Gentleman and others are Respondents"

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

His Majesty's Advocate against Lord Pitsligo, Judges Opinions.

After hearing Counsel, as well on Monday and Tuesday last as Yesterday and this Day, upon the Petition and Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, for His Majesty's Interest, complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th of November 1749, as also upon the Answer of Alexander Lord Forbes of Pitsligo put in to the said Appeal, the Judges were ordered to give then Opinion on the following Matter, and Question thereupon stated, (videlicet,) "The Great Grandfather of the Respondent being, by Letters Patent under the Great Seal of Scotland, in the Year 1633, created a Peer of Scotland, by the Title of Lord Forbes of Pitsligo, and the Respondent and his Ancestors, claiming under the said Letters Patent, having commonly used and subscribed themselves to Deeds and other Instruments by sometimes the Name or Style of Forbes of Pitsligo, and sometimes Pitsligo, and having been commonly described and known, in legal Proceedings and otherwise, as well by the Name or Style of Lord Pitsligo as of Lord Forbes of Pitsligo, and the said Respondent and his Ancestors having been always entered in the Rolls of the Parliament of Scotland before the Union, and called and described in Acts of the Parliament of Scotland (except in One Private Act of Ratification passed in 1681), by the Name or Style of Lord Pitsligo; and it not being proved or alleged in this Cause that any other Person besides the Respondent was, at or before the passing of the Act of Parliament herein after mentioned, called or known by the Name or Title of Lord Pitsligo, and the Respondent not having surrendered himself to Justice on or before the Day specified in the Act of the Nineteenth Year of His Majesty's Reign, for attainting Alexander Earl of Kellie, and others therein named, of High Treason. Whether the Respondent is, by virtue of the said Act, attainted of High Treason, by the Name or Title of Alexander Lord Pitsligo? Whereupon the Lord Chief Justice of the Court of King's Bench, having conserred with the other Judges present, acquainted the House, That they were unanimously of Opinion, that the Respondent is fully and effectually attainted, by virtue of the said Act of Parliament of the 19th Year of His present Majesty, by the Name or Title of Alexander Lord Pitsligo," and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor in the said Appeal complained of be, and is hereby, reversed And it is further Ordered, That the Claim given in before the Court of Session on Behalf of the Respondent be, and the same is hereby, dismissed.

Smith to take the Name of Holworthy, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Samuel Smith Esquire to take and use the Surname of Holworthy only, and bear the Coat Armour of Matthew Holworthy Esquire, deceased, pursuant to the Will of Elizabeth his Widow, also deceased"

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 Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers, and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus. (fn. 1)

DIE Martis, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E of Harborough takes Lis Seat.

Bennet Earl of Harborough sat first in Parliament, after the Death of his Father Philip Earl of Harborough, having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Shanley against Harrison.

A Petition of John Harrison, Respondent to the Appeal of Thomas Shanley, which, being appointed for hearing last Session, now stands to be heard To-morrow, and praying, "In regard an Accommodation is on Foot, for settling the Matters in Difference between the Parties, that this Cause may be adjourned for Six Weeks, the Appellant consenting thereto"

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 till To-morrow Six Weeks.

Proceedings, &c of Commissioners Westminster Bridge delivered.

The House being informed, "That Mr Seddon, from the Commissioners of Westm'r Bridge, attended"

He was called in, and delivered, at the Bar, pursuant to the Direction of certain Acts of Parliament,

"A State of the Proceedings of the Commissioners for building Westm'r Bridge, from 5th December 1749, to 14th December 1750 (both Days inclusive); also Accompts of the Treasurer to the Commissioners for building Westm'r Bridge, from 29th September 1749, to the 25th December 1750 (both Days inclusive)"

And likewise, "Contracts made by the Commissioners of Westm'r Bridge, from December 5th 1749, to Debember the 14th 1750 (both Days inclusive)."

And then he was directed to withdraw.

And the Titles of the said Proceedings, Accompts, and Contracts, being read by the Clerk.

Ordered, That the same do lie on the Table.

Ker to enter into Recognizance for Drummond;

The House being moved, "That John Ker of Saint Mertin in the Fields may be permitted to enter into a Recognizance for Thomas Drummond Esquire, on account of his Appeal depending in this House, he being in Scotland"

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

and Patterson for Foulis.

The like Motion and Order was made, for John Pat terson of London Esquire to enter into a Recognizance for John Foulis Clerk, for a Reason of the same Nature.

Adjourn.

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

DIE Veneris, 8^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E Egmont & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Earl of Egmont 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. (fn. 2)

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting divers Lands, Tenements, and Heredita ments, in the County of Corke, in the Kingdom of Ireland, comprized in the Marriage Settlement of John Earl of Egmont, in him and his Heirs, discharged of the Uses of that Settlement, and for settling other Lands and Hereditaments in the said County, of greater Value, in Lieu thereof, to the said Uses."

Copley's Divoice Bill, Witnesses to at end.

Ordered, That Edward Rushworth, William Skelton, William Grey, William Guest, Jane Bray, Martha Cree, Elizabeth Lilley, Sarah Tanner, Allan, and Joseph Banks, do attend this House, on Thursday next, as Witnesses, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Copley Esquire with Anna Maria Brace his now Wife, and to enable him to marry again, and for other Purposes therein mentioned"

Hamilton to enter into Recognizance for Strachans.

The House being moved, "That Alexander Hamilton Gentleman may be permitted to enter into a Recognizance for Christian and Elizabeth Strachans, on account of their Appeal depending in this House, they being in Scotland"

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

Papers relating to African Company delivered.

The House being informed, "That Mr Fearne, from the Admiralty, attended"

He was called in, and delivered, at the Bar, pursuant to an Act of the last Session of Parliament,

"Several Papers, transmitted by Captain Pye, Commander of His Majesty's Ship The Humber, relating to the State and Condition of the Forts and Settlements on the Coast of Africa, in Possession of the Royal African Company, and of the Number of Soldiers therein, and also the State and Condition of the Military Stores, Castles, Slaves, Canoes, and other Vessels and Things belonging to the said Company, and necessary for the Use and Defence of the said Forts and Settlements, with a Schedule thereof."

And then he was directed to withdraw.

And the Title of the said Schedule being read, by the Clerk.

Ordered, That the said Papers do lie on the Table.

Pleydell & al Pet referred to Judges.

Upon reading the Petition of Nevill Morton Pleydell Esquire, One of the Sons of Edmund Pleydell Esquire, deceased, for himself, and on the Behalf of Charles Morton Pleydell his only Son, an Infint, and of Thomas Morton Pleydell Esquire, another of the Sons of the said Edmund Pleydell, deceased, and also of Edmund Morton Pleydell Esquire, Eldest Son and Heir at Law of the said Edmund Pleydell, praying Leave to bring in a Bill, to enable the Petitioner Nevill Morton Pleydell to convey to Walter Wiltshire the Younger of Bath an Estate in Avening, in the County of Gloucester, and to lay out Four Thousand Five Hundred Pounds in buying another Estate, 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 Clive and Mr Justice Gundrey, with the usual Directions, according to the Standing Order.

Millar & al against Kincard & al.

After hearing Counsel in Part, upon the Petition and Appeal of Andrew Millar and others, complaining of several Interlocutors of the Lords of Session in Scotland, to which Alexander Kincard and others are Respondents.

It is Ordered, That the further Hearing of the said Cause be adjourned to Monday next, and that the Cause which stands for that Day be put off to Wednesday.

Adjourn.

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