Journal of the House of Lords Volume 33, 1770-1773. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 33: February 1773, 11-20', in Journal of the House of Lords Volume 33, 1770-1773, (London, 1767-1830) pp. 513-520. British History Online https://www.british-history.ac.uk/lords-jrnl/vol33/pp513-520 [accessed 26 April 2024]
In this section
Die Jovis, 11o Februarii 1773.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Parkill against chalmers et al.
After hearing Counsel further in the Cause wherein Captain David Parkhill of Craiglockhart is Appellant, and Robert Chalmers and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Cause which Hands for To-morrow be put off till Monday next; and that the Rest of the Causes be removed in Course.
Hemming et Ux Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Samuel Hemming of Twickenham, in the County of Middlesex, Clerk, and Maria his Wife; praying Leave to bring in o a Private Bill for the Purposes therein mentioned:
It is Ordered, Thai Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, An Act for vesting the Settled Estate of the Reverend Mr. Hemming and his Wife, in the County of Stafford, in Trustees, in order that the same may be conveyed to George Adams Esquire, and his Heirs, pursuant to an Agreement made by him for the Purchase thereof; and for vesting the Purchase Money in other Lands and Hereditaments, to be settled to the like Uses.
Writs of Error:
The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table Three Writs of Error:
In the First of which,
Blake against Perrin and Vaughan:
Hannah Blake is Plaintiff, and William Perrin and Thomas Vaughan are Defendants:
In the Second,
Jackson against Smith:
Thomas Jackson is Plaintiff, and William Smith it Defendant:
And in the last,
Livermore against Palleday.
Martin Livermore is Plaintiff, and John Palleday is Defendant.
E. Blesintons Exemplification Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for making the Exemplification of the last Will and Testament of William Earl of Blesinton, in the Kingdom of Ireland, deceased, Evidence as well in Ireland as in Great Britain
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 oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, duodecimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 12o Februarii 1773.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Parkhill against Chalmers et al.
After hearing Counsel, as well on Wednesday last as Yesterday and this Day, upon the Petition and Appeal of Captain David Parkhill of Craiglockhart, eldest Son of John Parkhill of Craiglockhart, deceased, complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th of December 1771; as also of an Interlocutor of the Lord Ordinary there, of the 24th of January 1772; and also of another Interlocutor of the said Lords, of the 5th of February 1772; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Robert Chalmers of Larbert Esquire, and others, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed.
It is 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 said Interlocutors therein complained of be, and the same are hereby affirmed.
Campbell against Campbell.
Upon reading the Petition of John Campbell Esquire, Appellant in a Cause depending in this House, to which George, Campbell is Respondent, which Hands appointed for hearing; setting forth, That this Cause is put an End to by Arbitration and Award; and therefore praying their Lordships, That he may be at Liberty to withdraw his Appeal, the Agent for the said Respondent having signed the said Petition as consenting thereto:
Appeal withdrawn.
It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal as desired.
Lewes, &c. Road Bill.
A Message was brought from the House of Commons, by Mr. Harcourt and others:
With a Bill, intituled, An Act to enlarge the Powers of Two Acts made in the Twenty-fifth Year of King George the Second, and Sixth Year of King George the Third, for repairing the Roads from the North End of Malling Street near the Town of Lewes, and other Roads in the County of Sussex; and for amending the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash; and from the said Broil Park Gate to the Town of Battel, in the said County; so far as relates to the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash aforesaid; to which they desire the Concurrence of this House.
West lndia Securities, to encourage lending Money on, by Foreigners, Bill.
A Message was brought from the House of Commons, by Mr. Pulteney and others:
With a Bill, intituled, An Act to encourage the Subjects of Foreign States to lend Money upon the Security of Freehold or Leasehold Estates in any of His Majestys Colonies in the West Indies; and to render the Securities granted to such Aliens effectual for recovering Payment of the Money so to be lent by Sale of such Freehold or Leasehold Estates; to which they desire the Concurrence of this House.
Kettering to Newport Pagnell Road Bill.
A Message was brought from the House of Commons, by Sir William Dolben and others:
With a Bill, intituled, An Act for enlarging the Term and Powers of an Act, made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing the Road from the Toll Gate, in the Parish of Kettering, in the County of Northampton, to Newport Pagnell, in the County of Bucks; to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
West India Securities, to encourage lending Money on, by Foreigners, Bill.
Ordered, That the Bill, intituled, An Act to encourage the Subjects of Foreign States to lend Money upon the Security of Freehold or Leasehold Estates in any of His Majestys Colonies in the West Indies, and to render the Securities granted to such Aliens effectual for recovering Payment of the Money so to be lent by Sale of such Freehold or Leasehold Estates, be printed.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, decimum quintum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 15o Februarii 1773.
Domini tam Spirituales quam Temporales prsents fuerunt:
PRAYERS.
E Egremont takes his Seat.
This Day George Earl of Egremont sat first in Parliament after the Death of his Father Charles Earl of Egremont; his Lordship 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.
Mac Nair against Coulter et al. et e con.
After hearing Counsel this Day upon the original Petition and Appeal of Robert Mac Nair Merchant in Glasgow, complaining of certain Parts of Three Interlocutors of the Lords of Session in Scotland, of the 8th of February 1765, the 21st of June 1765, and 13th of February 1772; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom should seem meet; and likewise upon the Cross Appeal of James Coulter, George Bogle Junior, John Graham, John Cross, and the Representatives of Archibald Ingram, James Spreul, and George Buchanan, all Merchants in Glasgow, complaining of certain Parts of an Interlocutor of the Lords of Session in Scotland of the 13th of February 1772; and praying, That the same might be reversed or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom and Justice should seem meet; as also upon the Answer of James Coulter and others, put in to the said original Appeal; and the Answer of Robert Mac Nair Merchant in Glasgow, put in to the said Cross Appeal and due Consideration had of what was offered on both Sides in these Causes:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutors of the 8th of February and 21st of June 1765, in so far as they find that the Policy of Insurance does not, in this case, oblige the Insurers to pay the Sum at which the Ship and Cargo were injured; and also the Interlocutor of the 13th of February 1772, in so far as finds the Appellant is not entitled to recover from the Respondents the One thousand Pounds Sterling specified in the Policy, but only a Sura equal to the Damage he sustained by the Loss of the Ship Jean and her Cargo, be, and the same are hereby reversed: And it is hereby declared, That the Appellant is entitled to recover from the Respondents the Sums by them severally underwritten, and Interest thereof from the Date of the Decree of the Admiralty Court; and of the Sum of Eighty-three Pounds and One Shilling Sterling, as the Expence of extracting the Decree in the said Court, with a Discount of Two per Centum, in Terms of the Policy; and of Twenty-three Pounds and Seven Shillings Sterling, as the acknowledged Value of what was recovered of the Wreck: And it is further Ordered, That the Cross Appeal be, and the same is hereby dismissed: And it is likewise further Ordered, That the Court of Session in Scotland do give all the proper and necessary Directions for carrying this Judgement into Execution.
E. Blesintons Exemplification Bill.
The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for making the Exemplification of the last Will and Testament of William Earl of Blesinton, in the Kingdom of Ireland, deceased, Evidence as well in Ireland as in Great Britain, 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.
Kettering to Newport Pagnell Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act, made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing the Road from the Toll Gate in the Parish of Kettering, in the County of Northampton, to Newport Pagnell, in the County of Bucks.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Rutherford et al against Hamilton.
Upon reading the Petition of James Rutherford and others, Appellants in a Cause depending in this House, to which Robert Hamilton is Respondent, which stands appointed for hearing; setting forth, That the Parties are now under Treaty for an amicable Accommodation of the Matters in Dispute between them in this Cause; and therefore praying their Lordships To put off the Hearing to the next Session of Parliament, the Agent for the said Respondent having signed the said Petition, as consenting there to:
It is Ordered, That the Hearing of this Cause be put off to the next Session of Parliament as desired.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 17o Februarii 1773.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Stewart et al against E. Moray.
The Answer of Francis Earl of Moray, to the Appeal of John Bane Stewart and others, was this Day brought in:
Angus against Manson.
As was also the Answer of Thomas Manson, to the Appeal of John Angus Merchant in Edinburgh,
Alexander against Montgomery and Co.
After hearing Counsel in Part, in the Cause wherein Robert Alexander Merchant in Edinburgh is Appellant, and James Montgomery and Company are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.
Gunpowder, making of at Old Forge Farm, Bill.
The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act to enable certain Persons therein named, to continue to work a Pestle Mill heretofore employed and used in making Battle Gunpowder at Old Forge Farm, in the Parish of Tonbridge, in the County of Kent, 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.
Kettering to Newport Pagnell Road Bill.
The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for enlarging the Term and Powers of an Act, made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing the Road from the Toll Gate in the Parish of Kettering, in the County of Northampton, to Newport Pagnell, in the County of Bucks, was committed.
E. Blesintons Exemplification Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for making the Exemplification of the last Will and Testament of William Earl of Blesinton, in the Kingdom of Ireland, deceased, Evidence as well in Ireland as in Great Britain.
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 Mr. Browning and Mr. Leeds:
To carry down the said Bill, and desire their Concurrence thereto.
Sir Thomas Broughton against Errington et al; petition to amend Appeal.
Upon reading the Petition of Sir Thomas Broughton Baronet, Appellant in a Cause depending in this House, to which Henry Herrington Esquire and Mary his Wife, and others, are Respondents, which stands appointed for hearing; setting forth, That the Petitioner presented his Appeal to their Lordships, from a Decree of the Court of Chancery of the 28th of January 1772; that the said Henry Errington and Mary his Wife, and Thomas Hill, have put in their Answer to the said Appeal, but none of the other Respondents; that the Petitioner is advised it will be proper to make Delves Broughton, who is the Petitioners Son and an Infant, an Appellant, with the Petitioner, rather than a Respondent; and that it will not be necessary that Edward Kynaston Esquire, Humphry Mackworth Praed Esquire and Mary his Wife, or Chorle Shrimpton, should be (fn. 1) Respondents to the said Appeal; and in regard they have not put in an Answer thereto, the Petitioner humbly prays their Lordships, that he may be at Liberty to amend his said Appeal, by striking out the said Delves Broughton an Infant, by Charlotte Wicker his Grand-mother and Guardian, as a Respondent, and by making him an Appellant together with the Petitioner; and also by striking out the said Edward Kynaston Esquire, Humphry Mackworth Praed Esquire and Mary his Wife, and Charles Shrimpton as Respondents to the said Appeal, the Agent for the said Respondents having signed the said Petition, as consenting thereto:
It is Ordered, That the Petitioner be at Liberty to amend his Appeal, by striking out the said Delves Broughton an Infant, by Charlotte Wicker his Grandmother and Guardian, as a Respondent, and by making him an Appellant, together with the Petitioner; and also by striking out the said Edward Kynaston Esquire, Humphry Mackworth Praed Esquire and Mary his Wife, and Charles Shrimpton, as Respondents to the said Appeal as desired, he amending the Respondents Copy.
Hay against M Tweeddale.
Upon reading the Petition of George Marquis of Tweeddale, Respondent in a Cause depending in this House, to which Robert Hay Esquire is Appellant, which stands appointed for hearing; setting forth, That the Question between the Parties in this Appeal anting upon the Construction of a Deed of Disposition prepared and executed according to the Forms of the Law of Scotland, the Petitioner cannot be properly prepared to proceed to a Hearing, should the Cause come on to be heard on the Day it now stands in Course, as several Appeals which stood before it have been withdrawn or put off, whereby this Cause has been brought forward; and as the Appellant consents to a short Delay, the Petitioner humbly prays their Lordships to put off the Hearing of this Cause to Friday the 2d Day of April next, the Agent for the Said Appellant having signed the Said Petition as consenting thereto:
It is Ordered, That the Hearing of this Cause be put off to Friday the ad Day of April next, as desired.
Countess of Meray against Stewart et al.
The House being informed, That John Bane Stewart and others, Respondents to the Cross Appeal of Margaret Countess Dowager of Moray, Widow of James Earl of Moray, 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 of Samuel Mitchelson Junior, Writer to His Majestys Signet, 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.
Kenrick and Skey against Hudson et al.
Moved, That the Hearing of the Cause wherein Matthew Kenrick and John Skey are Appellants, and John Hudson and others are Respondents, which stands appointed for Friday next, be put off to Friday Fortnight.
Which being objected to:
After short Debate;
The Question was put thereupon?
It was resolved in the Negative.
Sir Charles Cockss Estate Bill, Motion oto dispense with Standing Order.
The House being moved, That the Standing Order of this House, No. 126, concerning Bills for felling Lands in One. Place, and buying Lands in another Place, to be settled in Lieu thereof, may be so far dispensed with, as that the Committee, to whom the Bill, intituled, An Act for vesting several Fee-Farm and other Rents, Part of the Settled Estates of Sir Charles Cocks Baronet, in Trustees, to be fold; and for enfranchising certain Copyhold or Customary Lands, within the Manor of Reigate, in the County of Surry; and for laying out the Money arising by such Sale and Enfranchisement in the Purchase of other Lands to be settled to the same Uses, stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with:
It is Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords summoned.
Complaint made of Stoppages in the Streets, and the High Constable to attend To-morrow.
The Yeoman Usher acquainted the House, That no Constables were attending, in order to prevent Stoppages in the Streets during the Sitting of this House, as required by their Lordships Order, made on the First Day of this Session, and that several Lords had been obstructed, and in Danger of being overturned by the great Number of Carts passing through the Old Palace Yard, Westminster:
Ordered, That Ralph Williams, High Constable for the City and Liberty of Westminster, do attend this House To-morrow.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernentibus.
DIE Jovis, 18o Februarii 1773;
Domini tam (fn. 2) Spirituales quam Temporales prsente fuerunt:
PRAYERS.
Alexander against Montgomery and Co.
After hearing Counsel further in the Cause, wherein Robert Alexander Merchant in Edinburgh is Appellant, and James Montgomery and Company are Respondents:
It is Ordered, That the further Consideration of the said Cause be put off till To-morrow.
Kettering to Newport Pagnell Road Bill:
Hodie 3a vice lecta est Billa, intituled, An Ast for enlarging the Term and Powers of an Act, made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing the Road from the Toll Gate, in the Parish of Kettering, in the County of Northampton, to Newport Pagnell, in the County of Bucks
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Gunpowder, making of, at Old Forge Farm, Bill:
Hodie 3a vice lecta est Billa, intituled, An Act to enable certain Persons therein named to continue to work a Pestle Mill, heretofore employed and used in making Battle Gunpowder at Old Forge Farm, in the Parish of Tonbridge, in the County of Kent.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C. that the Lords hare agreed to the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Browning and Mr. Leeds:
To acquaint them, That the Lords have agreed to the said Bills, without any, Amendment.
Lewes, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to enlarge the Powers of Two Acts, made in the Twenty-fifth Year of King George the Second, and Sixth Year of King George the Third, for repairing the Roads from the North End of Mailing Street, near the Town of Lewes, and other Roads in the County of Sussex; and for amending the Road from the Broil Park Gate, to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash; and from the said Broil Park Gate to the Town of Battell, in the said County, so far as relates to the Road from the Broil Park Gate, to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash aforesaid.
Ordered, That the said Bill be committed to the Consideration of the Lords following::
| M. Rockingham. | L. Bp. Litch. & Cov. | L. Willoughby Br. |
| E. Abercorn. | L. Cathcart. | |
| E. Marchmont. | L. Edgecumbe. | |
| E. Rosebery. | L. Sandys. | |
| E. Northington. | L. Boston. | |
| V. Falmouth. | L. Beaulieu. | |
| L. Camden. |
Their Lordships, or any Five of them, to meet on Friday the 26th Day of this instant February at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
West India Securities, to encourage lending Money on, by Foreigners, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to encourage the Subjects of Foreign States to lend Money upon the Security of Freehold or Leasehold Estates in any of His Majestys Colonies in the West Indies; and to render the Securities granted to such Aliens effectual for recovering Payment of the Money so to be lent by Sale of such Freehold or Leasehold Estates.
Ordered, That the said Bill be committed to a Committee of the whole House:
Ordered, That the House be put into a Committee upon the said Bill on Tuesday next, and the Lords summoned.
The House was adjourned during Pleasure.
The House was resumed.
Hadsor Common Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Dowdeswell and others:
With a Bill, intituled, An Act for dividing and enclosing certain Waste Lands called Hadsor Common, in the County of Worcester; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Causes put off.
Ordered, That the Hearing of the Cause wherein Matthew Kenrick and John Skey are Plaintiffs, and John Hudson and others are Respondents, which stands appointed for To-morrow, be put off to Monday next; and that the Rest of the Causes be removed in Course.
Sir Charles Cockss Estate Bill; Standing Order dispensed with.
The Order of the day being read for taking into Consideration the Motion made Yesterday for dispensing with the Standing Order No 126, so far as that the Committee, to whom the Bill, intituled, An Act for vesting several Fee-Farm and other Rents, Part of the Settled Estates of Sir Charles Cocks Baronet, in Trustees, to be sold; and for enfranchising certain Copyhold or Customary Lands, within the Manor of Reigate, in the County of Surry; and for laying out the Money arising by such Sale and Enfranchisement in the Purchase of other Lands, to be settled to the same Uses, stands committed, may proceed upon the said Bill, notwithstanding the said Order should not be complied with:
And Consideration being had thereof:
Ordered, That the said Standing Order be dispensed with in this Case.
Bouillons Nat. Bill.
A Message was brought from the House of Commons, by Mr. Whitworth and others:
With a Bill, intituled, An Act for naturalizing Isabel Bouillon; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
High Constable examined, and directed that the Order to prevent Stoppages in the Street be duly observed in tutiue.
The Yeoman Usher acquainted the House, That the High Constable for the City and Liberty of Westminster was attending, in Obedience to their Lordships Order of Yesterday:
Whereupon he was called in, and acquainted, That the Constables had of late neglected their Duty, in not attending the House, and preventing Stoppages in the Streets pursuant to their Lordships Order for that Purpose, and examined thereupon at the Bar, and was strictly enjoined to take Care that the Order of the House for clearing the Streets be duly observed for the future; and if any of the Constables shall be remiss in their Duty, he do acquaint the House with their Names, in order that they may be severely punished for such their Neglect:
And then he was directed to withdraw.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 19o Februarii 1773.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Yateman against Cox et al.
The several Answer of Sarah Cox and others, to the Appeal of Francis Yateman, was this Day brought in.
Alexander against Montgomery and Co:
The order of the Day being read for the further Consideration of the Cause, wherein Robert Alexander Merchant in Edinburgh is Appellant, and James Montgomery and Company are Respondents:
The House proceeded to take into Consideration what had been offered on either Side this Cause.
Motion to reverse the Interlocutors.
And it being moved, To reverse the Interlocutors complained of:
The same was objected to:
After Debate:
This Question was put (videlicet),
Whether the (fn. 3) Interlocutors complained of shall be reversed?
Votes equal, and Interlocutors affirmed.
The Earl of Abercorn and the Earl of Marchmont were appointed to tell the Number of the Votes; and upon Report thereof to the House, it appeared that the Votes were equal; (videlicet),
Four for reversing: And,
Four for affirming:
Whereupon, according to the ancient Rule in the Law Semper presumitur pro Negante:
It was determined in the Negative.
Whereupon the following Order and Judgement was made.
Judgement.
After hearing Counsel as well on Wednesday last as Yesterday, upon the amended Petition and Appeal of Robert Alexander Merchant in Edinburgh, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 26th of June 1771; and also of an Interlocutor of the Lords of Session there, of the 6th of March 1772; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of James Montgomery and Company, Tacksmen of the Coal Work of Newton upon Ayre put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby affirmed.
Hadfor Common Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Waste Lands called Hadfor Common 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 Monday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Bouillons Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Isabel Bouillon,
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.
Papers relating to the Forts and Settlements in Africa, delivered.
The House being informed, That Mr. Jacksin from the Admiralty Office attended:
He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament of the 23d Year of King George the Second, Copies of Reports made by Captain Collingwood of His Majestys Ship Rainbow, to the Commissioners for executing the Office of Lord High Admiral of Great Britain, of the State and Condition of the Forts and Settlements on the Coast of Africa, in Possession of the Company of Merchants trading to that Place.
No 1. State and Condition, of Cope Appollonia Fort, 14th March 1772.
2. State and Condition of Dixcove Fort, 14th March 1772,
3. State and Condition of Succondee Fort, March 1772.
4. State and Condition of Commenda Fort, 18th March 1772.
5. State and Condition Cape Coast Castle, March 1772.
6. State and Condition of Anmmahoe Fort, 27th March 1772.
7. State and Condition of Tantumquerry Fort, March 1772.
8. State and Condition of Winnebah Fort, March 1772.
9. State and Condition of James Fort, Accra, and Prampram, 29th march 1772.
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Papers do lie on the Table.
Whichote et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas (fn. 4) Whichcote Esquire and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, An Act tor exonerating Part of the Real Estate of Thomas Whichcot Esquire, in the County of Lincoln, from a Debt of Ten thousand Pounds charged thereon, for the Portions of the younger Children of Christopher Whichcot Esquire and Jane his Wife, Daughter of the said Thomas Whichcot; and for subjecting and charging other Lands of greater Value to the Payment thereof.
Bowerbanks Divorce Bill.
The Lord Boston (pursuant to an Order of Leave of the 4th of this instant February) presented to the House a Bill, intituled, An Act to dissolve the Marriage of John Featherston Bowerbank with Ann Jane Morley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.
The said Bill was read the Firit Time.
Ordered, That the said Bill be read a Second Time on Monday the 8th Day of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said John Featherston Bowerbank may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Ann Jane Morley may have a Copy of the Bill; and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel what she may have, to offer against the said Bill at the same Time.
Sir George Booth against Wright et al.; Petition for Bye-Day.
Upon reading the Petition of Sir George Booth Baronet, Appellant in a Cause depending in this House, to which John Wright and others are Respondents, which stands appointed for hearing; setting forth, That the Petitioner in the last Session of Parliament presented his Appeal to their Lordships from an Order of the Court of Exchequer of the 23d of May 1772; that since setting down the said Appeal for hearing, the Parties have been in Treaty for an Accommodation of the Matters in Dispute between them, which is not yet completed, and that in Prospect thereof the Petitioner hath not prepared his case, and taken the other necessary Steps previous to the said Hearing; and therefore praying, Their Lordships will be pleased to put off the Hearing of this Cause till Thursday the 1st Day of April next, or to such other Bye-Day as their Lordships shall think proper, the Agent for the said Respondents having signed the said Petition as consenting thereto:
It is Ordered, That the Hearing of this Cause be put off to Thursday the 1st Day of April next as desired.
Bernard et Ux Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of James Bernard Esquire and Elizabeth his Wife; praying Leave to bring in a Private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, An Act for vesting the Manors of East and West Stodeley, and certain other Hereditaments in the County of Devon, (Part of the Settled Estates of James Bernard Esquire), in Trustees to be sold; and for applying the Money to arise by Sale thereof in Discharge of a Mortgage affecting the said Premises, and for other Purposes therein mentioned.
Hemming et Ux. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for vesting the Settled Estate of the Reverend Mr.Hemming and his Wife, in the County of Stafford in Trustees, in order that the same may be conveyed to George Adams Esquire and his Heirs, pursuant to an Agreement made by him for the Purchase thereof, and for vesting the Purchase Money in other Lands and Hereditaments, to be settled to the like Uses.
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 8th Day of March next, at the usual Time and Place; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum secundum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.