House of Lords Journal Volume 27: April 1751, 11-20

April 1751, 11-20

DIE Mercurii, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

S Sea Stock, Interest reducing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for reducing the Interest upon the Capital Stock of the South Sea Company, from the Time, and upon the Terms, therein mentioned, and for preventing of Frauds committed by the Officers and Servants of the said Company"

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

It was Resolved in the Affirmative.

Haughton, to take the Name of Langston, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling James Langston, formerly called James Haughton, and his Heris, to use the Surname, and bear the Family Arms, of Langston, pursuant to the Will of James Langston his Uncle, deceased"

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

It was Resolved in the Affirmative.

Messages to H C that the Lords have agreed to the preceding Bill:

And Messages were severally ordered to be sent to the House of Commons, by Mr Edwards and Mr. Holford

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

Lady Athunry & al against Swan.

Upon reading the Petition and Appeal of Ellis Lady Dowager Athunry in the Kingdom of Ireland, and John Bath Gentleman, complaining of an Order of the Court of Exchequer in the said Kingdom, of the 25th of February last, made in a Cause wherein Daniel Swan Gentleman was Plaintiff, and the Appellants Defendants, and praying, "That the same may be reversed, and that this House will give the Appellants such further or other Relief as to their Lordships in their great Wisdom shall seem meet."

It is Ordered, That the said Daniel Swan may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or betore Wednesday the 15th Day of May next, and that Service of this Order on his Attorney or Agent be deemed good Service.

Queen College, Oxon, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Joseph Smith Doctor in Divinity, Provost of Queen's College in the University of Oxford, 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 3^a vice lecta est Billa, intituled, "An Act for the better effecting the Purposes mentioned in the Will of John Michel late of Richmond, in the County of Surrey, Esquire, deceased, for the Benefit and Advantage of Queen's College in the University of Oxford."

Inglis's Appeal dismissed by Consent.

A Petition of William Inglis, Merchant in Glasgow, was presented to the House, and read, setting forth, That the Petitioner's Appeal, complaining of certain Interlocutors pronounced by the Court of Session in Scotland, to which Robert Sym Writer in Edinburgh, Assignee of John Riddell Merchant in Glasgow, deceased, is Respondent, now stands to be heard on Friday next, but that very lately the said Parties are come to an Agreement concerning the Matter in Question by this Appeal," and praying, "That the same may be dismissed, the Agent for the Respondent consenting thereto."

And thereupon Mr. Alexander Ross Agent for the Petitioner, and Mr. Henry Davidson Agent for the Respondent, were called in, and heard at the Bar.

And being withdrawn:

Ordered (by Consent of the said Agents), That the said Petition and Appeal be, and the same is hereby, dismissed this House.

His Majesty's Advocate against Gordon, & è contra.

Ordered, That the Cause wherein William Grant Esquire, His Majesty's Advocate for Scotland, is Appellant, and Captain John Gordon Respondent, & e contra, which stands to be heard on Friday next, be put off to that Day Sevennight, and that the Cause which stands for that Day be put off to the Monday following.

Bucks, &c Roads, repairing, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Road from Wendover to the Town of Buckingham, in the County of Bucks, and also for repairing and widening the Road leading from the West End of the said Town of Wendover to the End of a Lane called Oak Lane, next the Great Road called The Oxford Road, lying between the Town of Bcconsfield, in the said County of Bucks, and Uxbridge, in the County of Middlesex, and that Part of the said Great Road which leads from the West End of the sud Town of Beconsfield to the River Colne, near Uxbridge aforesaid," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message of Condolance to the Princess of Wales.

Ordered, That a Message of Condolance be sent, from this House, to her Royal Highness the Princess of Wales, "To express our deep Concern for the great Loss which her Royal Highness and these Kingdoms have sustained, by the Death of his Royal Highness the Prince of Wales, her late Consort, and to beg Leave to condole with her Royal Highness, on this afflicting and melancholy Occasion, and to assure her of the Duty and Zeal of this House for His Majesty and His Royal Family, and of their affectionate Concern and Regard for her Royal Highness," and that the Earl Harcourt and the Earl of Hertford do attend her Royal Highness with the said Message.

Adjourn.

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

DIE Jovis, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Small Debts in Lincoln, Recovery of, Bill.

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

With a Bill, intituled, "An Act for the more speedy and easy Recovery of small Debts, within the City of Lincoln and County of the same City, and the Liberties and Precincts thereof, and within the Bail of Lincoln, in the County of Lincoln," to which they desire the Concurrence of this House.

Hutton Bushell Common, enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming Articles of Agreement, for enclosing the Common Pastures and Common Grounds, within the Manor of Hutton Bushell, in the County of York," to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Islington Church, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Parishioners of the Parish of Saint Mary Islington, in the County of Middlesex, to re-build the Church of the said Parish," 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."

Horner's Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to empower the Guardian or Guardians of Thomas Horner Esquire, an Infant, for the Time being, to make Leases and Copyhold Grants of his Estates, in the County of Somerset, during his Minority, according to the Usage and Custom of the Country, and for other Purposes therein mentioned," was committed.

Ordered, That the said Bill be engrossed.

Sir W Maxwell's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Sir William Maxwell of Monreith Baronet, and the Heirs of Entail for the Time being, to sell Lands, in the County of Wigtoun, for Payment of Debts, and other Purposes therein mentioned," 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, and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Queen's College, Oxford, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better effecting the Purposes mentioned in the Will of John Michel, late of Richmond, in the County of Surrey, Esquire, deceased, for the Benefit and Advantage of Queen's College in the University of Oxford"

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 the 3d Day of May next, at the usual Time and Place, and to adjourn as they please.

Princess of Wales's Answer to Message of Condolance.

The Earl Harcourt reported, "That he and the Earl of Hertford had, pursuant to the Order of Yesterday, waited on her Royal Highness the Princess of Wales, with the Message of Condolance on the Death of his Royal Highness the Prince of Wales, and that her Royal Highness heartily thanked the House, for this Instance of their Duty to the King, and Regard to per, under her great Affliction."

Message from H C to return Peers's Bill.

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

To return the Bill, intituled, "An Act for the Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Essex, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his Will," and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire then Lordships Concurrence.

The said Amendment was read Thrice by the Clerk, and agreed to by the House.

And a Message was sent to the House of Commons, by Mr Bennet and Mr. Holford, to acquaint them therewith.

Visc. Killmorey, Leave to exhibit a Petition for a Private Bill.

Upon reading the Petition of Thomas Lord Viscount Killmorey of the Kingdom of Ireland and Lady Mary Killmorey his Wife, setting forth, "That the Petitioners did intend to apply to this House for Leave to bring in a Bill, for Sale of certain Estates, to discharge Encumbrances, but, the Petitioners Marriage Settlement being mislaid, and not found till lately they could not apply within the Time limited by the Order of this House," and praying, "That Leave be given to exhibit a Petition, for a Bill, for the Purpose aforesaid:"

It is Ordered, That the Petitioners be at Liberty to exhibit a Petition, as desired.

Accordingly,

Petition referred to Judges.

A Petition of the said Thomas Lord Viscount Killmorey and Lady Mary his Wife, was presented, and read; praying Leave to bring in a Bill, for Sale of certain Estates, in the Counties of Norfolk and Chester, in the Petition mentioned, for discharging certain Mortgages, and to lay out the Residue or Surplus of the Money arising thereby in the Purchase of another Estate, lying more contiguous, to be settled to the Uses of the Petitioners Marriage Settlement.

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

Bucks, &c Roads, repairing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Road from Wendover to the Town of Buckingham, in the County of Bucks, and also for repairing and widening the Road leading from the West End of the said Town of Wendover to the End of a Lane called Oak Lane, next the Great Road called The Oxford Road, lying between the Town of Beconsfield in the said County of Bucks, and Uxbridge in the County of Middlesex, and that Part of the said Great Road which leads from the West End of the said Town of Beconsfield to the River Colne, near Uxbridge aforesaid."

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

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place, and to adjourn as they please.

D Buccleuch & al Leave for a Bill, for Sale of the late Earl of Dalkeith's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Francis Duke of Buccleuch and Caroline Scot, commonly called Countess of Dalkeith, 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 completing the Sale of the Estate late of Francis Scott, commonly called Earl of Dalkeith, deceased, in the County of Lincoln, and for applying the Money arising thereby, pursuant to Agreement for that Purpose, and for empowering the Guardians of the Heir of the said late Earl, for the Time being, to make Leases of Ground and Buildings, in the County of Middlesex, during the Minority of such Heir"

Eliz Courtenay & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Honourable Elizabeth Courtenay Widow, on Behalf of herself and Three Insant Children, 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 making and granting Leases of Lands, Tenements, and Mines, in the County of Cornwall, comprized in the Marriage Settlement and Will of Kelland Courtenay Esquire, deceased, during the Minority of his Issue, claiming under the said Settlement and Will."

Adjourn.

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

DIE Veneris, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Horner's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Guardian or Guardians of Thomas Horner Esquire, an Infant, for the Time being, to make Leases and Copyhold Grants of his Estates, in the County of Somerset, during his Minority, according to the Usage and Custom of the Country, and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Sir W Maxwell's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Sir William Maxwell of Monreith Baronet, and the Heirs of Entail for the Time being, to sell Lands, in the County of Wigtoun, for Payment of Debts, and other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with the preceding Bill.

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

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

Hutton Bushell Common enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming Articles of Agreement, for enclosing the Common Pastures and Common Grounds, within the Manor of Hutton Bushell, in the County of York"

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

Their Lordships, or any Five of them, to meet on Monday the 6th Day of May next, at the usual Time and Place, and to adjourn as they please.

Small Debts in Lincoln, Recovery of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more speedy and easy Recovery of small Debts, within the City of Lincoln, and County of the same City, and the Liberties and Precincts thereof, and within the Bail of Lincoln, in the County of Lincoln."

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

Bucks, &c Roads, repairing, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Road from Wendover to the Town of Buckingham, in the County of Bucks, and also for repairing and widening the Road leading from the West End of the said Town of Wendover to the End of a Lane called Oak Lane, next the Great Road called The Oxford Road, lying between the Town of Beconsfield in the said County of Bucks, and Uxbridge in the County of Middlesex, and that Part of the said Great Road which leads from the West End of the said Town of Beconsfield to the River Colne, near Uxbridge 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'

D of Pucclouch & al for Sale of be late Earl of Dalkeith's Estate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for completing the Sale of the Estate late of Francis Scott, commonly called Earl of Dalkeith, deceased, in the County of Lincoln, and for applying the Money arising thereby pursuant to Agreement for that Pur pose, and for empowering the Guardians of the Hon of the said late Earl, for the Time being, to make Leases of Ground and Buildings, in the County of Middlesex, during the Minority of such Heir"

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

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

Eliz Courtenay & al Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making and granting Leases of Linds, Tenements, and Mines, in the County of Cornwall, comprized in the Marriage Settlement and Will of Kelland Courtenay Esquire, deceased, during the Minority of his Issue, claming under the said Settlement and Will."

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

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

L Dalmenie's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Primrose Esquire, commonly called Lord Dalmenie, to secure a Jointure to Mary Countess of Roseberry his Mother, and make Provisions for his Biother and Sister, out of the entailed Estate late of Sir Archibald Primrose Knight, deceased," 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, and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Islington Church, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of St. Mary Islington, in the County of Middlesex, to re-build the Church of the said Parish."

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

It was Resolved in the Affirmative.

Message to H C that the Lords have agreed to it.

A Message was sent to the House of Commons, by the former Messengers.

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

Lahy to enter into Recognizance for Lady Athunry & al.

The House being moved, "That Richard Lahy Gentleman may be permitted to enter into a Recognizance for Lady Athunry and John Bath Gentleman, on account of their Appeal depending in this House; they being in Ireland"

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

Count Neale, Leave for a Nat. Bill:

Upon reading the Petition of Count Stephanus Laurentius Neale, praying Leave to bring in a Bill, for his Naturalization.

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

Bill read.

Accordingly, the Earl of Marchmont presented to the House a Bill, intituled, "An Act for naturalizing Count Stephanus Laurentius Neale."

And the same was read the First Time.

House to be called.

Ordered, That the House be called over upon this Day Sevennight, and that the Lords be summoned upon that Occasion.

Adjourn.

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