House of Lords Journal Volume 29: April 1760, 1-10

April 1760, 1-10

DIE Martis, 1^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Edwards against Carroll.

A Petition of James Griffith Carroll Esquire, Resportdent to the Appeal of Eleazer Edwards, was presented, and read; setting forth, "That, this Cause having been appointed for hearing as on Yesterday, the Petitioner then attended with his Counsel, when their Lordships were pleased to adjourn the Hearing thereof to this Day; that the Petitioner has this Morning received an Account, that His Majesty's Attorney General, who is One of his Counsel, has received a sudden Attack of the Gout, which renders him wholly incapable of attending this House, of which the Petitioner gave immediate Notice to the Appellant's Agent;" and therefore praying, "That the Hearing of this Cause may be adjourned to such further convenient Day as to their Lordships shall seem meet."

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And being withdrawn: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 Monday the 21st Day of this Instant April; and that the other Causes be removed in Course.

Dutchy Cornwall, Leases, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Hinckley and other Roads, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the High Roads from Hinckley to Woefull Bridge, and also from Hoo-AshLane, through Old Lane, and from Swannington to Lee Gutter, and from thence to Melbourn Common, and from Ibstock to Measham, in the Counties of Leicester and Derby."

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

It was Resolved in the Affirmative.

Beaconsfield Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of Two Acts, made in the Fifth Year of His late Majesty, and in the Ninth Year of His present Majesty's Reign, for repairing the Road from Beaconsfield in the County of Bucks; to Stoken Church in the County of Oxon."

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

It was Resolved in the Affirmative.

Dunchurch Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers contained in Two several Acts of Parliament, made in the Twelfth and Sixteenth Years of the Reign of His present Majesty, for repairing the Road from The Dun Cow in the Town of Dunchurch to the Town of Hill Morton in the County of Warwick, and from thence to Saint James's End in the Parish of Duston in the County of Northampton; and for making the same Acts more effectual."

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 the preceding Bills.

And Message were severally ordered to be sent to the House of Commons, by Mr. Bonner and Mr. Browning:

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

Heyton Enclosure, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and allotting certain Open Arable Fields, Meadow, and Pasture Grounds and Commons, in the Township of Hayton, in the County of Nottingham."

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

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

Sir M. Featherstone, Leave to petition for a Private Bill:

Upon reading the Petition of Sir Mathew Fetherston Baronet; setting forth, "That, by a Settlement made on the Petitioner's Marriage divers Lands and Hereditaments in the County of Essex, were settled and limited, for the Benefit of the Petitioner and his Issue, in strict Settlement; that, there being now a fair Opportunity of selling the said settled Estate to great Advantage, the Petitioner is desirous that the same should be sold, and that the Money arising by such Sale be laid out in purchasing other Lands, of better Value, and more suitable to the Purpose of the said Settlement; and the Petitioner and his Wife have signed a Petition to this House, for Leave to bring in a Bill for that Purpose;" and praying, "In regard the Materials necessary for preparing the said Bill could not be collected till the Time limited by their Lordships Order for receiving Petitions for Private Bills was elapsed, that their Lordships will be pleased to give Leave that the said Petition may be now received:"

It is Ordered, That the said Petition be received, as desired.

Petition referred to Judges.

Upon reading the Petition of Sir Mathew Fetherston Baronet and Dame Sarah his Wife, for themselves and on the Behalf of Henry Fetherston their Son and only Child, an Infant; praying Leave to bring in a Bill, for Sale of a settled Estate in Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses:

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 Clive; 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.

Farrell, Leave to appeal, though out of Time.

A Petition of John Cowper of Staple-Inn Gentleman, was presented, and read; setting forth, "That Instructions were sent to the Petitioner, to prepare an Appeal, on Behalf of Edward Farrell Esquire, from a Decree of the Court of Chancery in Ireland, of the 13th of December last; that the Copy of the Register Minutes was, through Hurry, so inaccurately made, that the Petitioner was obliged to write several Times to Ireland, to get the same rectified and explained; and, by some Accident, the last Sheet of the Brief of Instructions necessary for preparing the said Appeal was forgot to be sent over with the rest of the Papers, so that the said Appeal could not possibly be completed within the Time limited by the Standing Order of this House for receiving Appeals;" and therefore praying, "That their Lordships will be pleased to give Leave that the said Appeal may be now received."

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

And being withdrawn:

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

Farrell against Tomlison.

Upon reading the Petition and Appeal of Edward Farrell Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 13th Day of December last; and praying, "That the same may be reversed, and that Samuel Tomlison may be required to answer the said Appeal; and that this House will be pleased to great the Appellant such other Relief in the Premises as the Circumstances of the Case shall require:"

It is Ordered, That the said Samuel Tomlison may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 6th Day of May next; and Service of this Order upon his Clerk in Court, or Solicitor shall be deemed good Service."

Greenwich Magazine Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for taking down and removing the Magazine for Gunpowder, and all Buildings thereto belonging, situate near Greenwich in the County of Kent; and erecting, instead thereof, a new Magazine for Gunpowder at Purfleet near the River of Thames in the County of Essex, and applying a Sum of Money granted in this Session of Parliament towards those Purposes; and for obviating Difficulties arisen upon an Act made in the last Session of Parliament, for making Compensation for Lands and Hereditaments purchased for His Majesty's Service at Portsmouth, Chatham, and Plymouth."

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

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

Southam Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Parish of Southam, in the County of Warwick."

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 Friday the 18th Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

West Farndon Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, of and in the Manor, Hamlet, and Liberties, of West Farndon, in the Parish of Woodford, otherwise Halse Woodford, in the County of Northampton."

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.

E. Ferres's Pet for Councel and Solicitor, &c. granted.

Upon reading the Petition of Lawrence Earl Ferrers; setting forth, "That the Petitioner, having been served with an Order of this House of the 24th Day of March last, thereby finds that the 16th Day of this Instant April is appointed by their Lordships for the Trial of the Indictment lately preferred against him; that the Petitioner apprehends it will be necessary for him to have Counsel and a Solicitor to attend on his Behalf at the said Trial;" and therefore humbly praying their Lordships, "That William Davy Esquire Serjeant at Law and John Aylett Stow Esquire may be assigned his Counsel, and Richard Bond Gentleman his Solicitor; and that he may be allowed a Copy of the said Bill of Indictment, and an Order for his Witnesses to attend at the Trial thereof:"

It is Ordered, That the said William Davy and John Aylett Stow be assigned Counsel for the said Lawrence Earl Ferrers, to assist him at his said Trial, in case any Matter of Law shall arise; and that the said Richard Bond be assigned his Solicitor; and that the said Earl may have a Copy of the said Bill of Indictment; and an Order for his Witnesses to attend at the said Trial.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parlimentum continuandum esse usque ad & in diem Mercurii, secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 2^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ugglebarnby Enclosure, Bill.

The Earl of Sandwich reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Moors, Commons, and Waste Grounds, in the Manors of Ugglebarnby and Eskdaleside, in the Parish of Whitby and County of York," 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 their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Raymond's Bill:

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging certain Messuages, Lands, and Hereditaments, in the Parishes of Beckenham and Lewisham, in the County of Kent, Part of the Estate late of Hugh Raymond Esquire, deceased, for other Lands and Hereditaments in the said Parish of Beckenham, belonging to John Cator the Younger; and for settling the Lands so taken in Exchange to the same Uses as the Lands given in Exchange stand limited; and for enabling Jones Raymond and Peter Burrell Esquires to grant Building Leases of other Parts of the Estate late of the said Hugh Raymond," 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 their Consents, to the Satisfaction of the Committee; 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.

Stoke Goldington Road, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Terms and Powers granted by several Acts of Parliament, of the Eighth Year of Her late Majesty Queen Anne, the Ninth Year of His late Majesty King George the First, and the Fifteenth Year of His present Majesty's Reign, for repairing the Highways between the House commonly called The Horse-shoe House in the Parish of Stoke Goldington in the County of Bucks, and the Town of Northampton, and the Road from the North Bridge of Newport Pagnel in the County of Bucks to The Horse-shoe House," 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."

Wrotham Road, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for extending the Powers granted by an Act passed in the Twenty-fifth Year of the Reign of His present Majesty, for repairing the Road leading from The Royal Oak on Wrotham Heath to the Town of Wrotham in the County of Kent, and from thence to the Village of Foot's Cray in the said County, to the Road leading from The Royal Oak on Wrotham Heath to the Town of Maidstone," 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."

Tamworth Roads, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, the High Road from the Borough of Tamworth to Ashby de la Zouch in the County of Leicester, and from Sawley Ferry in the said County to a Turnpike Gate as or near the End of Swarcliffe Lane leading to Ashby de la Zouch aforesaid," 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."

Havton Common Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and allotting certain Open Arable Fields, Meadow and Pasture Grounds and Commons, in the Township of Hayton, in the County of Nottingham," 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 their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Fen Lands, Bill.

A Message was brought from the House of Commons, by the Lord Royston and others:

With a Bill, intituled, "An Act for draining and preserving certain Fen Lands and Low Grounds, in the Isle of Ely and Counties of Suffolk and Norfolk, between Mildenhall River South, Plant Load and Brandon River North, bounded on the West by the River Ouse, and on the East by Winter Load, Earswell Brook, and the Hard Lands of Mildenhall; and for empowering the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to sell certain Fen Lands lying within the Limits aforesaid, commonly called Invested Lands;" to which they desire the Concurrence of this House.

Maidstone Road, Bill.

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

With a Bill, intituled, "An Act for the amending, widening, and keeping in Repair, the Road leading from the Thirty-nine Mile Stone at the upper End of Stone Street in the Town of Maidstone in the County of Kent, to a certain Place called Tubb's Lake in the Parish of Cranbrooke in the said County;" to which they desire the Concurrence of this House.

Adwicke Common Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Meadows, Commons, and Waste Grounds, within the Manor or Lordship of Adwicke in the Street, in the County of York;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Tenants gaining Settlements, Bill.

A Message was brought from the House of Commons, by Sir John Crosse and others:

With a Bill, intituled, "An Act to prevent Occupiers of Tenements, under the Yearly Rent of Ten Pounds, from gaining Settlements by reason of their being rated to the Land Tax;" to which they desire the Concurrence of this House.

Message from H. C. to return Cornabé and Lucadou Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing René Cornabé and John Daniel Lucadou;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Kidderminster Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads leading from the Market-house in the Town of Kidderminster, in the County of Worcester."

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 18th Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Derby Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads therein mentioned, lying in the Counties of Derby, Leicester, and Warwick."

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.

Launceston Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads leading to the Borough of Launceston, in the County of Cornwall."

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 Monday the 21st Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

Notice of the Claim of the Earldom of Cassillis to be given to the Attorney General and Lord Advocate of Scotland.

The House was informed, "That the Lords Committees for Privileges, to whom are referred the Petition of William Earl of Cassillis, Ruglen, and March, relating to the Titles and Honours claimed by the Petitioner, with His Majesty's Reference thereof to this House: and also the Petition of Sir Thomas Kennedy Baronet, claiming the same Titles and Honours, and His Majesty's Reference thereof, have met, and appointed Monday the 5th Day of May next to proceed on the Consideration of the said Petitions."

Ordered, That Notice be given to His Majesty's Attorney General, and His Majesty's Advocate for Scotland, of the said Reference, and of the Time of the Meeting of the said Committee.

Halifax Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for diverting, altering, widening, repairing, and amending, the Roads from the Town of Halifax, and from Sowerby Bridge, in the County of York, by Todmorden, to Burnley and Littleborough in the County of Lancaster."

Chester, and other Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from the Bars at Boughton, within the Liberties of the City of Chester, to Whitchurch, and from thence to Newport in the County of Salop, to Ivetsey Bank in the County of Stafford, and from thence to Castle Bromwich and Stone Bridge in the Parish of Hampton on Arden in the County of Warwick, and from Castle Bromwich to Birmingham in the same County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Greenwich Magazine, &c Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for taking down and removing the Magazine for Gunpowder, and all Buildings thereto belonging, situate near Greenwich in the County of Kent; and erecting, instead thereof, a new Magazine for Gunpowder at Purfleet near the River of Thames in the County of Essex, and applying a Sum of Money granted in this Session of Parliament towards these Purposes; and for obviating Difficulties arisen upon an Act made in the last Session of Parliament, for making Compensation for Lands and Hereditaments purchased for His Majesty's Service at Portsmouth, Chatham, and Plymouth."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

The King's Answer to Address for Guards on E. Ferrers's Trial.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Monday last, for the Attendance of Guards during the Trial of Earl Ferrers; and that His Majesty was pleased to say, He will give Orders accordingly."

Farrell against Crosbie & Ux.

Upon reading the Petition and Appeal of Edward Farrell Esquire; complaining of Part of an Order of the Court of Chancery in Ireland, of the 24th Day of October 1759; and of an Order of the said Court, of the 14th Day of November 1759; and likewise of a Judgement of the said Court, of the 5th Day of March last; and praying, "That the same may be set aside and reversed; and such Order made for the Appellant's Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Edward Croshie and Frances his Wife may be required to answer the said Appeal:"

It is Ordered, That the said Edward Crosbie and Frances his Wife may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Wednesday the 7th Day of May next; and Service of this Order upon their Clerk in Court, or Solicitor, shall be deemed good Service.

Davidson to enter into Recognizance on Corbet's Appeal.

The House being moved, "That Henry Davidson Gentleman may be permitted to enter into a Recognizance for James Corbet and others, Magistrates of Dumfries, on account of their Appeal depending in this House; they living in Scotland:"

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.