House of Lords Journal Volume 28: February 1755, 1-10

February 1755, 1-10

DIE Lunæ, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

John Duke of Rutland, Harry Earl of Stamford, and William Lord Talbot, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; the said Duke having first delivered a Certificate of his having received the Sacrament, to the Truth whereof Witnesses were sworn, and examined.

Montagu House, British Museum, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Montagu House in Trustees and their Heirs, freed and discharged from all the Estates, Uses, and Agreements, to which it at present stands limited and appointed, upon Trust, to convey the same to the Trustees of The British Museum, for a general Repository; and upon such other Trusts as therein are mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Tuesday the 18th Instant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lambard to sell a Messuage to Lady Jane Coke, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting a Copyhold Messuage or Tenement in the County of Middlesex, with the Appurtenances, devised by the Will of Mary late Dutchess of Northumberland, in Trustees, to enable them to sell and convey the same to the Lady Jane Coke, pursuant to an Agreement for that Purpose; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses appointed by the said Will."

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 Wednesday the 19th Instant, at the usual Time and Place; and to adjourn as they please.

Lowndes to take the Name of Stone, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Lowndes Stone Esquire, lately called William Lowndes the Younger Esquire, and Catherine his Wife, and others therein named, to take and use the Surname and bear the Arms of Stone, pursuant to the Will of Francis Lowe Esquire, deceased."

The Question being 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. Bennet and Mr. Burroughs:

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

Setler & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Otto Ewald Settler and Albert Mahlstede."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.

Ordered, That the Petition of John Conrad Heinzelmann; praying, "That his Name may be added to the said Bill," be referred to the said Committee.

Lewis against Sir Henry Blunt & al.

The House being moved, "That Wednesday the 26th of this Instant February may be appointed, for hearing the Cause wherein Percival Lewis Esquire is Appellant, and Sir Henry Blunt and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 26th Day of this Instant February, as desired.

Adjourn.

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

DIE Mercurii, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Setler & al. Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Otto Ewald Setler and Albert Mahlstede," was committed: "That they had considered the said Bill, as also the Petition to them referred, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

Lady Mansel & al. Leave for a Bill to sell Sir Tho. Straling's Estate:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Barbara Lady Mansel 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 Part of the Estate late of Sir Thomas Stradling Baronet, deceased, in the Counties of Glamorgan and Somerset, for discharging Encumbrances affecting the same; and for a Division and Settlement of other Part thereof; and for other Purposes therein mentioned."

Sir John St. Aubin & al. Leave for a Bill, to explain Sir W Morrice's Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir John St. Aubin 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 explaining and making more effecutal a Power con tained in the Will of Sir William Morice Baronet, for making Leases of his several Estates, in the Counties of Devon and Cornwall."

His Majesty's Advocate & al. against Uquhart; et è contra.

After hearing Counsel in Part in the Cause wherein His Majesty's Advocate for Scotland is Appellant, and William Urquhart is Respondent; èt è contra:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

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

DIE Jovis, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Berkeley's Guardians, Leave to petition for a Bill:

A Petition of the Countess Dowager of Berkeley and others, as Guardians of the Infant Children of the late Earl of Berkeley, was presented, and read; setting forth, "That they have signed a Petition to this House, for Leave to bring in a Bill, to empower them to make Leases and Copyhold Grants of the said late Earl's Estates, during the Minority of the said Infants; but, from the short Time that has intervened since the Death of the said Earl, they have been prevented from preparing and exhibiting such Petition within the Time limited by their Lordships Order for receiving Petitions for Private Bills;" and praying, That their said Petition may be now received, notwithstanding the Time so limited is expired."

Ordered, That the Petitioners have Leave to exhibit their said Petition, as desired.

Petition referred to Judges.

Accordingly, a Petition of Elizabeth Countess Dowager of Berkeley, Vere Lord Vere, Sir William Irby Baronet, and Henry Drax Esquire, as Guardians, and on the Behalf, of Frederick Augustus now Earl of Berkeley, George Cranfield Berkeley, the Lady Georgina Berkeley, and the Lady Elizabeth Berkeley, the Children of Augustus late Earl of Berkeley, who are all Infants, was presented, and read; praying Leave to bring in a Bill, to empower the Petitioners to make such Leases and Copyhold Grants of the Estates of the said late Earl as therein mentioned, during the Minority of the said Infants.

Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Legge and Mr. Baron Smythe; 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.

Lady Mansel & al. to sell Sir Tho. Stradling's Estate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate late of Sir Thomas Stradling Baronet, deceased, in the Counties of Glamorgan and Somerset, for discharging Encumbrances affecting the same; and for a Division and Settlement of other Part thereof; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Friday the 21st Instant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir John St. Aubin & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and making more effectual a Power contained in the Will of Sir William Morice Baronet, for making Leases of his several Estates, in the Counties of Devon and Cornwall."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Setler & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Otto Ewald Setler and Albert Mahlstede."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Harris:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Message from thence, to return Mason's Bill.

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

To return the Bill, intituled, "An Act for Sale of certain Messuages, Lands, and Hereditaments, in the County of Worcester, late the Estate of Thomas Mason, deceased, pursuant to an Agreement; and for applying the Money arising thereby for discharging Encumbrances affecting the same; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Soulsby to take the Name of Reed, Bill.

A Message was brought from the House of Commons, by Sir Thomas Clavering and others:

With a Bill, intituled, "An Act to enable Christopher Soulsby Esquire, now called Christopher Reed, and his Heirs, to take and use the Surname and Arms of Reed;" to which they desire the Concurrence of this House.

His Majesty's Advocate & al. against Urquhart; et è contra.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of William Grant Esquire, His Majesty's Advocate, on Behalf of His Majesty, and of the Heretors of the Parish of Cromarty, and the Members of the Presbytery of Chanonry; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 28th of July and 18th of December 1753; and praying, "That the same might be reversed or varied; and that this House would grant the Appellants such other Relief as to their Lordships should seem meet:" As likewise upon the Cross Appeal of William Urquhart of Meldrum Esquire; complaining of the last Part of the said Interlocutor of the 28th of July 1753; and praying, "That the same might be reversed, varied, or amended, and such other Relief given the Appellant as to this House in their great Wisdom and Justice should seem meet:" As also upon the Answer of the said William Urquhart put in to the said Original Appeal; and the Answer of the Heretors and Landholders of the Parish of Cromarty, the Members of the Presbytery of Chanonry, and of His Majesty's Advocate for Scotland, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Want of Designation of the Witnesses to the Subscription of Sir Robert Innes, in the Contract of 1636, is suppliable, and is sufficiently supplied in the present Case by the Subscription of the other Parties appearing to have signed that Contract, the Length of Time, and the other Adminicles proved in the Cause, without any Condescendence: And it is therefore Ordered and Adjudged, That the said Interlocutor of the 28th of July 1753, and the Interlocutor of the 18th of December following, adhering thereto, in so far as they sustain the Objection, "That the Witnesses Designations are not inserted in the Body of the said Contract of 1636, and require any Condescendence," be, and the same are hereby, reversed; and that the said Objection of the Want of Designation of the said Witnesses be repelled: And it is further Ordered and Adjudged, That the said Cross Appeal be, and is hereby, dismissed this House; and that so much of the said Interlocutor of the 28th of July 1753, as is therein complained of, be, and the same is hereby, affirmed.

Sutton and Reigate Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from Sutton, in the County of Surrey, through the Borough of Reigate, by Sidlow Mill, to Povey Cross; and from Sutton aforesaid, through Cheam, and over Howell Hill, to Ewell; and also the Road from Tadworth, by the Windmill, to the Bottom of Pebble Hill, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Veneris, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Montfort takes his Seat.

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

Glasgow Duty on Beer, Bill.

A Message was brought from the House of Commons, by Mr. Gilbert Elliot and others:

With a Bill, intituled, "An Act for continuing and rendering more effectual an Act passed in the Ninth Year of the Reign of His present Majesty, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow;" and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Coxe & al. Leave for a Bill for Partition of Northleigh's Estate:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Hippisley Coxe 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 establishing and confirming a Partition of the Estates late of Stephen Northleigh Esquire and Margaret his Wife, Susanna Yarde Widow, Dame Frances Chualeigh, and Tryphena Davie Spinster; and for settling the several specifick Shares and Allotments thereof upon and for the Benefit of the several Parties entitled to the several undivided Shares of the said Estates before the said Partition; and for other Purposes therein mentioned."

Soulsby to take the Name of Reed, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Christopher Soulsby Esquire, now called Christopher Reed, and his Heirs, to take and use the Surname and Arms of Reed."

Sutton and Reigate Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Sutton in the County of Surrey, through the Borough of Reigate, by Sidlow Mill, to Povey Cross, and from Sutton aforesaid, through Cheam, and over Howell Hill, to Ewell; and also the Road from Tadworth, by the Windmill, to the Bottom of Pebble Hill, in the said County."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Hampden & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Hampden Esquire and John Earl of Buckinghamshire; 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 certain Houses and Tenements at Wendover, in the County of Bucks, late the Estate of John Hampden Esquire, in Trustees, to be sold; and for applying the Purchase-money in such Manner as the Residue of his Personal Estate is by his Will directed to be applied."

Adjourn.

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

DIE Lunæ, 10^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Effingham takes the Oaths.

Thomas Earl of Effingham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Sutton and Reigate Road, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from Sutton in the County of Surrey, through the Borough of Reigate, by Sidlow Mill, to Povey Cross, and from Sutton aforesaid, through Cheam, and over Howell Hill, to Ewell; and also the Road from Tadworth, by the Windmill, to the Bottom of Pebble Hill, 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."

Glasgow Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and rendering more effectual an Act passed in the Ninth Year of the Reign of His present Majesty, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow;" and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

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.

Marchioness Annandale against the Marquis & al.

Ordered, That the Hearing of the Cause wherein the Marchioness Dowager of Annandale is Appellant, and George Marquis of Annandale and others are Respondents, which stands appointed for this Day, be put off to this Day Sevennight; and that the Judges do then attend the said Hearing.

Soulsby to take the Name of Reed, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Christopher Soulsby Esquire, now called Christopher Reed, and his Heirs, to take and use the Surname and Arms of Reed.

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.

Coxe & al. Partition of Northleigh's Estate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and confirming a Partition of the Estates late of Stephen Northleigh Esquire and Margaret his Wife, Susanna Yarde Widow, Dame Frances Chudleigh, and Tryphena Davie Spinster; and for settling the several specifick Shares and Allotments thereof upon and for the Benefit of the several Parties entitled to the several undivided Shares of the said Estates before the said Partition; and for other Purposes therein mentioned."

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 Tuesday the Twenty-fifth Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Hampden & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Houses and Tenements at Wendover, in the County of Bucks, late the Estate of John Hampden Esquire, in Trustees, to be sold; and for applying the Purchase-money in such Manner as the Residue of his Personal Estate is by his Will directed to be applied."

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 Tuesday the Twenty-fifth Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Respondents peremptorily to answer Sir James Cockburne's Appeal.

The House was informed, "That Sir James Cockburn of Cockburn and others, Respondents to the Appeal of Sir James Cockburn of Langtoun Baronet, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Thomas Cockburn Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Adjourn.

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