House of Lords Journal Volume 29: December 1756, 21-31

December 1756, 21-31

DIE Mercurii, 22^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Law et al. against Brebner et al. Order for putting off the Hearing till next Session discharged, and Hearing appointed.

A Petition of Lilias. Law and Bethia Brebners and their Husbands, Respondents to the Appeal of John Law of Lawrieston, and George Chalmers and William Sellers his Factors, was presented, and read; setting forth Proceedings in the Cause in the Court below; and, "That the Appellant's said Factors preferred a Petition to the said Court, to stay Proceedings till such Time as particular Instructions should come from the Appellant, who resides in The East Indies; but the said Lords of Session, by their Interlocutor of the 22d of March last, unanimously refused the Desire of the said Petition; upon which, the Appellants presented their said Appeal to this House, on the 12th of April last; and that, the Cause upon the said Appeal standing appointed to be heard on Friday the 17th Instant, the Appellant's said Factors preferred a Petition to this House on the 14th Instant, praying that a reasonable Time may be allowed them for receiving Instructions from The East Indies from the said John Law, and that in the mean Time the said Hearing may be put off; whereupon their Lordships were pleased to order, that the Hearing of the said Cause be put off till next Session of Parliament;" and suggesting, "That, by the said Order, the unanimous Decree of the said Lords of Session of the 22d of March last is virtually reversed; and alleging the Hardships the Petitioners have already undergone by the Delays in this Cause, Two of their most material Witnesses being dead, and the Rents of the Estate in Question being regularly remitted to the Appellant by his said Factors, who have appeared in all the Proceedings in the Court below, and acknowledged their Correspondence with him;" and therefore praying, "That their Lordships will be pleased to discharge the said Order of the 14th Instant, for putting off the said Cause till the next Session, and appoint the same to be heard on the First Day for Causes after the ensuing Recess, or give the Petitioners such other Relief as to their Lordships in their great Wisdom shall seem meet."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Order of the 14th Instant, for putting off the Hearing of the said Cause till next Session of Parliament, be discharged; and that this House will hear the said Cause, by Counsel, at the Bar, on Friday the 4th Day of February next.

Ld. Falmouth takes the Oaths.

Hugh Lord Viscount Falmouth 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.

Mackenzie to enter into a Recognizance on Blackwood's Appeal.

The House being moved, "That Kenneth Mackenzie of Saint Martin in the Feilds Gentleman may be permitted to enter into a Recognizance for Robert Blackwood, on account of his Appeal depending in this House; he residing in Scotland:"

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

Pierie to enter into a Recognizance for Lady Gray and Lord Gray.

The House being moved, "That William Pierie Gentleman may be permitted to enter into a Recognizance for Margaret Blair Lady Gray and John Lord Gray her Husband, on account of their Appeal depending in this House; they living in Scotland:"

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

Wilson to enter into a Recognizance for Plunkett.

The House being moved, "That Edmund Wilson of The Middle Temple London Gentleman may be permitted to enter into a Recognizance for James Plunkett, on account of his Appeal depending in this House; he being at Bath:"

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

Chafin et al. Petition referred to Judges.

Upon reading the Petition of George Chafin the Elder of Chettle in the County of Dorset Esquire and Elizabeth Chafin his Wife, George Chafin the Younger, their Eldest Son and Heir Apparent, and William Chafin Clerk, the only Younger Son of the said George Chafin the Elder by the said Elizabeth his Wife; praying Leave to bring in a Bill for Sale of certain Estates, comprized in a Settlement therein mentioned, for discharging Debts and Encumbrances; and for rendering the Power in the said Settlement for making Jointures more effectual:

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.

Ld. Carbery Leave to appeal, though out of Time.

A Petition of John Palmer, Agent for George Lord Baron of Carbery in the Kingdom of Ireland, in an Ap peal to which Thomas Wilson Esquire is Respondent, was presented, and read; setting forth, "That the Petitioner, apprehending that Days of Adjournment were not included within the Fourteen Days limited by Order of this House for bringing in Appeals, did not attend, to lodge the Appeal in this Cause, in proper Time;" and praying, "In regard the Delay in lodging the said Appeal was entirely owing to the Petitioner's Misapprehension of the said Order, that their Lordships will be pleased to receive the same, as if it had been exhibited in due Time."

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

And being withdrawn:

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

Lord Carbery against Wilson.

Upon reading the Petition and Appeal of George Lord Baron of Carbery in the Kingdom of Ireland; complaining of a Decretal Order of the Court of Chancery in Ireland of the 10th of July 1755, and of a Decree of the same Court of the 20th of February 1756; and praying, "That the said Order and Decree may be reversed or varied; and that the Appellant may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Thomas Wilson Esquire may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Wilson may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Wednesday the 26th Day of January next; and Service of this Order upon his Six Clerk or Agent shall be deemed good Service.

Lord Carbery against Weston et al.

Upon reading the Petition of the same John Palmer, Agent for the said George Lord Carbery in another Appeal, to which Edward Weston Esquire and others are Respondents, containing the same Allegation as in the former Petition; and praying, for the same Reason, "That the same may be received."

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

Upon reading the Petition and Appeal of George Lord Baron of Carbery in the Kingdom of Ireland; complaining of a Decretal Order of the Court of Chancery in Ireland of the 16th of July 1755, and of a Decree of the same Court of the 20th of February 1756; and praying, "That the said Order and Decree may be reversed or varied; and that the Appellant may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Edward Weston Esquire, Benjamin Bulkeley Doctor in Divinity, Thomas Michell Clerk, John Peters, Thomas Waite Esquire and Lucy his Wife, and Joseph Brand Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said Edward Weston, Benjamin Bulkeley, Thomas Michell, John Peters, Thomas Waite and Lucy his Wife, and Joseph Brand, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 26th Day of January next; and Service of this Order upon their Six Clerks or Agents shall be deemed good Service.

Bagster et al. Petition referred to Judges.

Upon reading the Petition of Mill Bagster Esquire and Philip Bracebridge Doctor in Divinity, on the Behalf of and as Committee of the Person and Estate of Thomas Bagster Esquire, a Lunatick, Brother of the said Mill Bagster; praying Leave to bring in a Bill, for vesting certain Tithes and Premises in The Isle of Wight, in the County of Southampton, belonging to the said Thomas Bagster, in Trustees, to sell the same, for the Purposes therein mentioned:

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

Maitland against Skene et al.

Ordered, That the Hearing of the Cause wherein Major Arthur Maitland is Appellant and Andrew Skene and others are Respondents, which is appointed for Friday next, be put off to Thursday the 13th of January next.

Adjourn.

Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, undecimum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.