February 1758, 11-20
DIE Martis, 14o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cantuar.
Epus. Duresm.
Epus. Oxon.
Epus. Eliens.
Epus. Sarum.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Meneven.
Epus. Cicestrien.
Epus. Petriburg. |
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Portland.
March. Tweeddale.
Comes Exeter.
Comes Warwick.
Comes Denbigh.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Morton.
Comes Moray.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Hyndford.
Comes Aylesford.
Comes Halifax.
Comes Macclesfield.
Comes Buckinghamsh.
Comes Harcourt.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg. |
Ds. Clifton.
Ds. Strange.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Bruce.
Ds. Ravensworth.
Ds. Feversham.
Ds. Hyde.
Ds. Mansfield. |
PRAYERS.
E. of Blesinton against Monsell & al.
The joint and several Answer of William Monsell
Esquire and George Tuthill Gentleman, to the Appeal of
William Earl of Blesinton, was brought in:
Delany against Tenison & al.
As was also, the Answer of Harriot Tenison Widow,
James Edwards Esquire, and Thomas Tenison the Younger
Esquire, to the Appeal of Doctor Patrick Delany:
Counts Leslie against Grant and Orme.
As also, the Answer of Peter Grant, and David Orme
his Tutor in Litem, to the Appeal of Charles Cajetan
Count Leslie, Leopaldus Count Leslie, and Antonius Count
Leslie.
Lord Edgecumbe takes the Oaths.
Richard Lord Edgecumbe 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.
Lyme Regis Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for repairing and widening several Roads in the
Counties of Dorset and Devon, leading to and through
the Borough of Lyme Regis."
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
Mr. Lane and Mr. Waple:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Tuffnell's Drvorce Bill.
The Earl of Warwick (pursuant to an Order of the
24th of January last) presented to the House a Bill,
intituled, "An Act to dissolve the Marriage of George
Forster Tussnell Esquire with Elizabeth Forster his now
Wife; and to enable him to marry again; and for
other Purposes therein mentioned."
The said Bill was read the First Time.
Ordered, That the said Bill be read a 2d Time on
Friday the 28th Day of this Instant February; and that
Notice thereof be affixed on the Doors of this House;
and the Lords to be summoned; and that the said
George Forster Tussnell may be heard, by his Counsel, at
the said 2d Reading, to make out the Truth of the Allegations of the Bill; and that the said Elizabeth Forster
may have a Copy of the said Bill; and that Notice be
given her of the said 2d Reading; and that she may be
heard, by her Counsel, what she may have to offer against
the said Bill, at the same Time.
D. of Queensberry's Petition referred to Judges.
Upon reading the Petition of Charles Duke of Queensberry and Dover; praying Leave to bring in a Bill to
enable him to grant a Lease of a Lead Mine in the
Lands and Barony of Sanquhar, in that Part of Great
Britain called Scotland; and for establishing and confirming the Contract and Agreement therein mentioned.
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. 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.
Home & al. Trustees of Murray against Gowdie.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Home
of Kaims Esquire and others are Appellants, and
John Gowdie is Respondent:"
It is Ordered, That this House will hear the said
Cause by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Message from H. C. to return Wentworth's Divorce Bill.
A Message was brought from the House of Commons,
by Mr. Thomas Gore and others:
To return the Bill, intituled, "An Act to dissolve
the Marriage of Godfrey Wentworth with Dorothea
Pilkington his now Wife; and to enable him to marry
again; and for other Purposes therein mentioned;"
and to acquaint this House, that they have agreed to the
same, without any Amendment.
Monmouthshire and Gloucestershire Roads, Bill.
A Message was brought from the House of Commons,
by Mr. Norborne Berkeley and others:
With a Bill, intituled, "An Act for repairing the
Road from the Village of Magor, to the Bridge Foot
in the Town of Chepstow, in the County of Monmouth,
and other Roads in the Counties of Monmouth and
Gloucester;" to which they desire the Concurrence of
this House.
The said Bill was read the First Time.
Chester and Bagot's Petition referred to Judges.
Upon reading the Petition of Charles Chester of Chichley in the County of Bucks Esquire, Second Son of Sir
Walter Wagstaffe Bagot of Blithfield in the County of
Stafford Baronet, and of the said Sir Walter Wagstaffe
Bagot, and William Bagot Esquire, Eldest Son and Heir
Apparent of the said Sir Walter Wagstaffe Bagot; praying Leave to bring in a Bill, for carrying into Execution an Agreement made between the Petitioners, touching the Settlement of certain Estates therein mentioned:
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. 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.
Turrer's Petition referred to Judges.
Upon reading the Petition of William Turner of Kirkleatham in the County of York Esquire; praying Leave
to bring in a Bill, for executing and performing the
Directions in the Will and Codicil of Cholmley Turner
Esquire, deceased, relating to certain Charities in Kirkleatham therein mentioned; and for settling the same
upon a firm and solid Foundation; and for other Purposes therein expressed:
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 Foster;
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.
Robinson against Hicks alias Robinson:
The Order of the Day being read, for the Judges
to deliver their Opinions upon the Question proposed to
them on Monday the 6th Instant, upon hearing the
Cause wherein William Robinson Clerk is Appellant, and
Edmund Hicks alias Robinson is Respondent:
Judges Opinion:
The Lord Chief Baron of the Court of Exchequer
acquainted the House, "That the Judges had considered the said Question, and were unanimous in
their Opinion."
And then his Lordship delivered their Reasons at
large; and concluded with their Opinion; (videlicet,)
"That, by the Will of the Testator George Robinson,
an Estate in Tail Male did vest in Lancelot Hicks,
alias Robinson, the Father; and that an Estate in Tail
Male is vested in Edmund (fn. 1) Hickes, alias Robinson, the
Son, as Heir Male of the Body of Lancelot Hicks,
alias Robinson."
Whereupon the following Order and Judgement was
made:
Judgement affirmed.
"After hearing Counsel, as well on Friday the 3d as
on Monday the 6th of this Instant February, upon the
Petition and Appeal of the Revered William Robinson Clerk; complaining of a Decree of the Court of
Chancery, of the 8th Day of March 1757; and
praying, that the same might be reversed: As also
upon the Answer of Edmund Robinson Esquire put in
to the said Appeal; and hearing this Day the unanimous Opinion of the Judges, upon a Point of Law to
them proposed; and due Consideration had of what had
been offered in relation to 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 Decree therein complained of be, and the same
is hereby, affirmed.
Cirencester Roads, Part of former Act to repeal, Bill.
A Message was brought from the House of Commons,
by Mr. Dawnay and others:
With a Bill, intituled, "An Act for repealing so
much of the Act of the Fifteenth Year of His present
Majesty, for enlarging the Term and Powers granted
by an Act of the Thirteenth Year of His late Majesty King George the First, for repairing the Roads
from Cirencester Town's End to Saint John's Bridge, in
the County of Gloucester, as directs that the Inhabitants of the several Parishes and Hamlets therein
named shall pass Toll-free; and for repairing the
Street from the High Cross in Cirencester to the
Town's End there; and for other Purposes therein
mentioned; and for enlarging the Term and Powers
granted by the said Two former Acts;" to which they
desire the Concurrence of this House.
Clifford's Nat. Bill.
A Message was brought from the House of Commons,
by Mr. Thomas Fonerau and others:
With a Bill, intituled, "An Act for naturalizing
George Clifford;" to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Februarii, hora
undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 15o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Ebor.
Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Bangor.
Epus. Petriburg. |
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Portland.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Scarbrough.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Aylesford.
Comes Cowper.
Comes Bath.
Comes Gower.
Comes Northumberland.
Comes Hertford.
Comes Hardwicke.
Comes Fauconberg. |
Ds. Clifton.
Ds. Strange.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Anson.
Ds. Feversham.
Ds. Hyde.
Ds. Harwich.
Ds. Lyttelton. |
PRAYERS.
The King against Ponsonby & al. Writ of Error.
Ordered, That the Judges do attend this House on
Tuesday next, on hearing the Cause upon the Writ of
Error, wherein the King is Plaintiff and John Ponsonby
Esquire and others are Defendants.
Norris & Ux. Petition referred to Judges.
Upon reading the Petition of William Norris of Nonsuch in the County of Wilts Esquire and Elizabeth his
Wife; praying Leave to bring in a Bill, for Sale of the
Capital Messuage of Ivey House, and other Lands and
Tenements, in the Parishes of Chippenham, Langley,
Burrell, and Hardenbuish, in the County of Wilts; and
for settling other Lands at Abury, in the same County,
to the same Uses; and for other Purposes therein mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Clive
and Mr. Justice Bathurst; 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.
E. Verney & al. Petition referred to Judges.
Upon reading the Petition of Ralph Earl of Verney
in the Kingdom of Ireland and Mary Countess of Verney
his Wife, One of the Two Daughters and Coheirs of
Henry Herring of London Esquire, deceased, and Sir
Kenrick Clayton Baronet and Dame Henrietta Maria
Clayton his Wife, the other Daughter and Coheir of
the said Henry Horring; and also of Mary Calvert Wife
of Richard Calvert Esquire, for and on the Behalf of
Mary Verney her Daughter, an Infant; praying Leave
to bring in a Bill for Sale of certain Estates therein
mentioned, in the County of Middlesex, City of London,
and Borough of Southwark, therein mentioned; and for
applying the Money arising thereby in the Purchase of
other Estates, 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
Denison; 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.
Monmouth and Gloucester Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
repairing the Road from the Village of Magor to the
Bridge Foot in the Town of Chepstow, in the County
of Monmouth, and other Roads in the Counties of
Monmouth and Gloucester."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
D. Somerset.
D. Portland.
E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Lauderdale.
E. Breadalbane.
E. Marchmont.
E. Aylesford.
E. Bath.
E. Northumberland.
E. Hardwicke.
E. Fauconberg. |
L. Abp. York.
L. Bp. Litch. & Cov.
L. Bp. Bangor.
L. Bp. Peterborough. |
L. Clifton.
L. Strange.
L. Bathurst.
L. Ducie.
L. Sandys.
L. Lyttelton. |
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.
Clifford's Nat. Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing George Clifford."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.
Chichester against E. Donegall:
After hearing Counsel, upon the Petition and Appeal of Ann Chichester Widow and Administratrix of
John Chichester Esquire, her late Husband, deceased,
(which Appeal, upon the Death of Arthur Earl of
Donegall, Respondent thereto, was, by Order of this
House, of the 15th of December last, revived against
Arthur the present Earl of Donegall, an Infant under
the Age of Twenty-one Years, his Heir, and against
Richard Barry Esquire sole Executor of the last Will
and Testament of the said Earl of Donegall); complaining of Two Orders of the Court of Chancery in
Ireland, of the 11th of July 1754 and 3d of May
1755; and also a Decree of the same Court of the 17th
of March 1756; and praying, "That the said Orders
and Decree might be reversed; and that this House
would be pleased to give the Appellant such other
Relief in the Premises as to their Lordships in their
great Wisdom should seem meet:" As also upon the
Answer of the said Arthur Earl of Donegall the Infant,
by John Ludford Esquire his Guardian, and of the
said Richard Barry, put in to the said Appeal; and
due Consideration had of what was offered on either
Side in this Cause:
Decree 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 Orders and Decree therein
complained of be, and the same are hereby, affirmed.
Ross to enter into a Recognizance for Counts Leslie, on their Second Appeal.
The House being moved, "That George Ross Esquire
may be permitted to enter into a Recognizance for
Counts Leslie, on account of their Second Appeal depending in this House; they being in Parts beyond
the Seas:"
It is Ordered, That the said George Ross may enter
into a Recognizance for the said Appellants, as desired.
Powney & al. Petition referred to Judges.
Upon reading the Petition of Penelope Elizabeth
Powney, Widow and Relict of Penyston Powney Esquire,
deceased, Mother and Guardian of Penyston Portlock
Powney, an Infant, his only Son and Heir, and Ann and
Catherine his Two Infant Daughters, Richard Powney
Esquire only Brother and sole Executor of the last Will
and Testament of the said Penyston Powney, deceased,
the Reverend Humphry Henchman Clerk, on Behalf of
themselves, and of the Reverend Stephen Nibblett Doctor
in Divinity, John Canham Esquire, and Thomas Staples
Gentlemen, Trustees named in the Marriage Settlement of the said Penyston Powney, deceased; praying
Leave to bring in a Bill, to vest Part of the settled
Estate of the said Penyston Powney, in Trustees, to be
sold, in order that the Will of the said Penyston Powney
may be performed and complied with:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord
Chief Justice of the Court of Common Pleas and the
Lord Chief Baron of the Court of Exchequer; 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.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Februarii, hora
decima Auroræ, Dominis sic decernentibus.
DIE Veneris, 17o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Sarum.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Petriburg. |
Ds. Custos Magni Sigilli.
Comes Cardigan.
Comes Morton.
Comes Aylesford.
Comes Fauconberg.
Viscount Weymouth. |
Ds. Ward.
Ds. Sandys. |
PRAYERS.
Then, in order to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast;
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
vicesimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 20o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Eliens.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Petriburg. |
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Somerset.
Dux Chandos.
Comes Warwick.
Comes Denbigh.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Morton.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Dartmouth.
Comes Halifax.
Comes Northumberland.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke. |
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Romney.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Bruce.
Ds. Anson.
Ds. Feversham. |
PRAYERS.
Ld. Anson takes the Oaths.
George Lord Anson 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 delivered a Certificate of his receiving
the Sacrament, to the Truth whereof Witnesses were
sworn and examined.
Thanks to the Bp. of Salisbury, for his Sermon.
Ordered, That the Thanks of this House be, and
are hereby, given to the Lord Bishop of Salisbury, for
the Sermon by him preached before this House, in the
Abbey Church, Westminster, on Friday last; and he is
hereby desired to cause the same to be forthwith printed
and published.
Counts Leslies Second Appeal to be heard the same Day with the First.
Upon reading the Petition of Peter Grant and David
Orme his Tutor in Litem, Respondents to the Appeal
of Charles Cajetan Count Leslie, Leopaldus Count Leslie,
and Antonius Count Leslie; setting forth, "That Count
Charles Cajetan and Count Antonius brought their
First Appeal from certain Interlocutors of the Court
of Session in Scotland, which allowed the Respondent
Grant to proceed, on having himself served as nearest
Protestant Heir of Talzie of the Estate of Balquhain; to which the Respondents having put in their
Answer, the said Cause was, by Order of the 23d of
January last, set down to be heard on the First
vacant Day for Causes after those already appointed:
That the said Appellants afterwards brought a 2d
Appeal from certain Interlocutors of the same Court,
made on the Respondents Action of Declarator, for
having the Appellants declared Aliens and Papists,
and incapable to hold the said Estate of Balquhain;
to which Second Appeal the Respondents have put in
their Answer;" and praying, "In regard both the
said Appeals relate to the same Matter, and the substantial Principal Question arising thereupon is one
and the same, that the Causes on both the said Appeals may be heard together:"
It is Ordered, That the Cause on the said Second
Appeal be heard on the same Day on which the said
first mentioned Appeal stands in Course appointed for
Hearing.
Hepburn & al. against Congalton & al.
Upon reading the Petition and Appeal of John, James,
George, and Ann Hepburn, lawful Children of James
Hepburn of Humbie, and of Thomas Cockburn Clerk to
the Signet, their Tutor ad Litem; complaining of Part
of an Interlocutor of the Lords of Session in Scotland,
of the 8th of February 1758; and praying, "That
the same may be reversed, varied, or altered; and
that the Appellants may have such other Relief in
the Premises, as to this House in their Lordships
great Wisdom shall seem just; and that Charles
Congalton Surgeon in Edinburgh, and Samuel Mitchelson
Clerk to the Signet, may be required to answer the
said Appeal:"
It is Ordered, That the said Charles Congalton and
Samuel Mitchelson may have a Copy of the said Appeal;
and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 20th Day of
March next; and Service of this Order upon any One
of their Counsel or Agents before the Court of Session
in Scotland, shall be deemed good Service.
Scott and Young against Cochran & al.
Upon reading the Petition and Appeal of Thomas
Scott in Joanhill, and James Young of Netherfield; complaining of Three Interlocutors of the Lords of Session
in Scotland, of the 17th of February 1756, the 7th of
December 1757, and 2d of this Instant February; and
praying, "That the same may be reversed, or varied;
and that the Appellants may have such other Relief
in the Premises, as to this House in their Lordships
great Wisdom and Justice shall seem meet; and that
James Cochran in Brownside, Janet Baird his Wife,
and the other Parties, to the Cause below, may be
required to answer the said Appeal:"
It is Ordered, That the said James Cochran, Janet
Baird his Wife, and the other Parties to the Cause
below, may have a Copy of the said Appeal; and do
put in (fn. 2) their Answer or respective Answers thereunto,
in Writing, on or before Monday the 20th Day of
March next; and Service of this Order upon any of
their Procurators or Agents in the Court below shall
be deemed good Service.
Cirencester Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
repealing so much of the Act of the Fifteenth Year
of His present Majesty, for enlarging the Term and
Powers granted by an Act of the Thirteenth Year
of His late Majesty King George the First, for repairing the Roads from Cirencester Town's End, to
Saint John's Bridge, in the County of Gloucester, as
directs that the Inhabitants of the several Parishes
and Hamlets therein named, shall pass Toll-free; and
for repairing the Street from the High Cross in Cirencester, to the Town's End there; and for other
Purposes therein mentioned; and for enlarging the
Terms and Powers granted by the said Two former
Acts."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
L. Privy Seal.
D. Somerset.
D. Chandos.
E. Warwick.
E. Denbigh.
E. Peterborow.
E. Stamford.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Litchfield.
E. Morton.
E. Lauderdale.
E. Marchmont.
E. Hardwicke. |
L. Bp. Litch. & Cov.
L. Bp. Chester.
L. Bp. St. Davids. |
L. Willoughby Par.
L. Edgecumbe.
L. Sandys.
L. Bruce.
L. Feversham. |
Their Lordships, or any Five of them; to meet
on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Clifford's Nat. Bill.
Ordered, That the Committee to whom the Bill
for naturalizing George Clifford stands committed, be revived; and meet on Wednesday next.
The King against Ponsonby & al. Writ of Error.
Whereas To-morrow is appointed, for hearing the
Cause upon the Writ of Error, wherein the King's
Majesty is Plaintiff, and John Ponsonby Esquire and
others are Defendants; and for the Judges to attend:
It is Ordered, That the Hearing of the said Cause
be put off till Wednesday next; and that the Judges do
then attend; and that the other Causes be removed in
Course.
Wilson & al. against Burnton & al.
This Day, being appointed, for hearing Counsel, upon
the Petition and Appeal of John Wilson, Collector of
His Majesty's Customs at Stockton, in the County of
Durham, and Richard Swainston Solicitor of the Customs
in Scotland his Factor and Attorney; complaining of an
Interlocutor of the Lords of Session in Scotland, of the
7th of January 1756, made on the Behalf of Robert
Burnton and James Chalmers; and praying, "That the
same may be reversed or varied; and that this House
would be pleased to grant the Appellants such other
Relief, as to their Lordships should seem meet;" to
which Appeal the said Robert Burnton and James
Chalmers have not put in their Answer, though peremptorily ordered so to do:
Counsel were accordingly called in, to be heard.
And One Counsel only appearing for the Appellants
(none appearing for the Respondents); he was heard, to
state and argue the Case on Behalf of the Appellants.
And having prayed a Reversal of the Interlocutor
complained of:
The said Interlocutor was read.
And then the Counsel was directed to withdraw.
And due Consideration being had of what was offered:
Heard ex Parts, and the Interlocutors reversed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Interlocutor complained of in the said Appeal be, and
the same is hereby, reversed: And it is hereby Declared,
That the Respondents are liable to answer and pay the
Sum of Sixty Pounds Sterling, Costs, awarded by the
Court of King's Bench: And it is further Ordered,
That the Defence of the said Respondents be repelled;
and that the said Respondents do accordingly pay the
said Sum of Sixty Pounds to the Appellants, together
with their Expenses of the Suit in the Court of Session;
and that an Accompt thereof be given in: And it is
further Ordered, That the said Court of Session do
give the proper Directions for carrying this Order and
Judgement into Execution.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum primum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.