House of Lords Journal Volume 37: February 1784 11-20

February 1784 11-20

DIE Mercurii, 11^o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Nottingham Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road from Bramcote Odd House, in the County of Nottingham, to the Cross Post upon Smalley Common, in the County of Derby, and from Ilkeston to the Towns of Heanor and Shipley, in the said County of Derby, and from Trowell, in the County of Nottingham, to the Town of Nottingham, except so far as relates to the Road leading from Ilkeston to the Town of Shipley," 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."

Collins's Petition to present Appeal:

Upon reading the Petition of Daniel Collins, Clerk, setting forth, "That the Petitioner intended to appeal to their Lordships from a Decree of the Court of Chancery of the 4th of March 1782, which was not drawn up or entered till July 1783; but their Lord ships having adjourned from the (fn. 1) Day of Decemberto the Day of January, and the Christmas Holidays happening immediately after the 19th of December, when the Order was made for fixing the Trial, directed by the said Decree to be had, and to carry the same into Effect, the Petitioner was thereby deprived of a suitable Opportunity of consulting his Counsel upon the whole of his Case till the Return of Business, when the Petitioner laid his Case before them, and could not till very lately procure his Appeal to be settled, upon what he is advised to be the true Grounds thereof, and to be signed by his Counsel; and therefore the Petitioner was unavoidably prevented from presenting his said Appeal within the Time limited by their Lordships' standing Order for receiving Appeals:" and therefore praying, "That their Lordships will permit the Petitioner's said Appeal to be now presented and received, notwithstanding the Time limited by their Lordships' said standing Order for presenting the same is passed:"

It is Ordered, That the Petitioner be at Liberty to present his said Appeal as desired;

Collins against Sir H. Gough.

Accordingly, Upon reading the Petition and Appeal of Daniel Collins Clerk, complaining of a Decree of the Court of Chancery of the 4th of March 1782, made in a certain Cause wherein Sir Henry Gough Baronet, eldest Son and Heir of Sir Henry Gough Baronet, deceased, was Plaintiff, and the said Daniel Collins Clerk, Vicar of the Vicarage of Claverdon in the County of Warwick, with the Chapelry of Norton Lindsey annexed, in the Diocese of Worcester, the Reverend Doctor John Warren, Archdeacon of Worcester, and Rector of the Rectory of Claverdon aforesaid, and also Patron of the said Vicarage and Chapelry, and the Honourable Sarah Archer, Ann Elizabeth Archer, Maria Archer, and Harriet Archer Spinsters, Infants, Daughters and Coheiresses of Andrew Lord Archer deceased, by Sarah Lady Archer, deceased, by Sarah Lady Archer their Mother and Guardian, William Oakley and William Canning, and the Right Reverend Richard Lord Bishop of Worcester were Defendants: and praying, "That the same may be reversed, and the Petitioner's Bill dismissed with Costs, or that their Lordships will make such other Order in the Premises as to their Lordships in their great Wisdom shall seem meet: and that the said Sir Henry Gough Baronet may be required to answer the said Appeal:"

It is Ordered, That the said Sir Henry Gough Baronet may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Wednesday the 25th Day of this instant February.

Grubbe's Petition referred to Judges.

Upon reading the Petition of William Hunt Grubbe Esquire, Lieutenant of His Majesty's first Regiment of Dragoons, and Walter Hunt Grubbe Gentleman, Sons of Thomas Grubbe Hunt Grubbe, late of Eastwell, in the Parish of Pottern, in the County of Wilts Esquire deceased, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Nares and Mr. Justice Buller, 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 Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 13^o Februarii, 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Writs of Error delivered.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table two Writs of Error, in the first of which,

Leyland against Ashby.

John Leyland is Plaintiff,
and
Jonathan Ashby is Defendant.

And in the last,

Hartley against Smith.

Samuel Hartley is Plaintiff,
and
William Smith is Defendant.

Lemnsford Road Bill.

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

With a Bill intituled, "An Act for enlarging the "Term and Powers of an Act of the Third Year of the Reign of His present Majesty for repairing the Road from Lemnsford Mill through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn through Codicot to Hitchin in the County of Hertford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Nottingham Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act made in the Fourth Year of the Reign of His present Majesty for repairing and widening the Road from Bramcote Odd House, in the County of Nottingham, to the Cross Post upon Smalley Common, in the County of Derby, and from Ilkeston to the Towns of Heanor and Shipley in the said County of Derby, and from Trowell in the County of Nottingham, to the Town of Nottingham, except so far as relates to the Road leading from Ilkeston to the Town of Shipley."

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 ordered to be sent to the House of Commons by Mr. Holford and Mr. Thomson:

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

Bp. Norwich et al. Petition referred to Judges.

Upon reading the Petition of the Right Reverend Father in God Lewis Lord Bishop of Norwich, Jacob Preston, John Manship and Edward Horne Esquires, praying Leave to bring in a Bill for ratifying and confirming an Exchange of Lands in the Petition mentioned pursuant to an Agreement made for that Purpose between the Petitioners:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Buller, 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.

Lewes's Petition for a Bill:

Upon reading the Petition of David Edward Lewes Esquire, of Werne Newith, in the County of Cardigan, praying Leave to bring in a Bill to enable him to take the Surname, and bear the Arms of Lloyd, pursuant to the Will of Richard Lloyd Esquire deceased:

It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Bill presented.

Accordingly, The Lord Scarsdale presented to the House a Bill, intituled, "An Act to enable David Edward Lewes Esquire, to take, use, and bear the Surname and Arms of Lloyd, pursuant to the Will of Richard Lloyd, late of Werne Newith in the County of Cardigan Esquire, deceased."

The said Bill was read the First Time.

Lloyd to enter into Recognizance on Collin's Appeal.

The House being moved, "That Thomas Lloyd of Great James Street, Bedford Row, Esquire, may be permitted to enter into a Recognizance for Daniel Collins, Clerk, on account of his Appeal depending in this House, he residing in the Country:"

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

Nisbet's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire, with Anne Blomberg, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

After some Time, the House was resumed,

And the Lord Scarsdale reported from the Committee, That they had gone through the Bill, and made some Amendments thereto, which he was ready to report when the House will please to receive the same."

Ordered, That the said Report be received on Monday next.

Adjourn.

Dominus Concellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 16^o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishop St. David's Petition referred to Judges.

Upon reading the Petition of the Right Reverend Father in God Edward by Divine Permission, Lord Bishop of St. David's, Rector of the Rectory of Battesford in the County of Gloucester, praying Leave to bring in a Bill for establishing and confirming an Agreement for an Exchange of certain Lands, made between the Petitioner and Thomas Edwards Freeman Esquire:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Buller, 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 whetheir 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.

Lemnsford Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act of the Third Year of the Reign of His present Majesty, for repairing the Road from Lemnsford Mill through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn through Codicot to Hitchin in the County of Hertford:"

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

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

Grubbes, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of William Hunt Grubbe Esquire, and Walter Hunt Grubbe Gentleman, 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 1^a vice lecta est Billa, intituled, "An Act to enable William Hunt Grubbe Esquire, and Walter Hunt Grubbe Gentleman, and after their several Deaths the Guardians of their respective Issue to make Leases of their settled Estates in the County of Wilts, and in the City of Bristol."

Lewes's Bill to take the Name of Lloyd.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable David Edward Lewes Esquire, to take, use and bear the Surname and Arms of Lloyd, pursuant to the Will of Richard Lloyd late of Werne Newith, in the County of Cardigan Esquire, deceased."

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 Thursday next, at the usual Time and Place; and to adjourn as they please.

Foleys against

Ordered, That the hearing of the Cause wherein the Honourable Andrew Foley and Thomas Foley are Appellants, and John Grant and others are Respondents, which stands appointed for this Day, be put off to Monday next; and that the Judges do then attend.

Collins against Sir H. Gough.

Upon reading the Petition of Daniel Collins; Clerk, Appellant in a Cause depending in this House, to which Sir Henry Gough Baronet, is Respondent, setting forth, "That since presenting his Appeal to their Lordships, the Petitioner is advised it will be proper to amend the same by making Sarah Archer, Ann Elizabeth Archer, Maria Archer, and Harriet Archer, and William Oakley, and William Canning, who were Defendants in the Court below, Parties to the said Appeal:" and therefore praying their Lordships, "That he may be at Liberty to amend his said Appeal, by adding the said several Persons as Parties Respondents thereto, and that they may be required to answer the said Appeal:"

It is Ordered, That the Petitioner be at liberty to amend his said Appeal, by adding the said Sarah Archer, Ann Elizabeth Archer, Maria Archer, and Harriet Archer, and William Oakley, and William Canning as Parties Respondents thereto, as desired; and that they do put in their Answer or respective Answers thereunto in Writing, on or before Monday the First Day of March next.

Nisbet's Divorce Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire with Anne Blomberg his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:"

Ordered, That the said Report be received on Thursday next.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Februarii, horâ undecimâ, Auroræ, Dominis sic decernentibus.

DIE Jovis, 19^o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lemsford Road Bill.

The Lord Scarsdale reported from the Lords Committees to whom the Bill intituled, "An Act for enlarging the Term and Powers of an Act of the Third Year of the Reign of His present Majesty, for repairing the Road from Lemsford Mill, through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn through Codicot, to Hitchin in the County of Hertford," 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. Bolton, et al. Leave for a Bill.

After reading and considering the Report of the Judges to whom was referred the Petition of the Most Noble Harry Duke of Bolton 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 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates of Charles late Duke of Bolton, deceased, devised and settled by his Will, in Trustees, discharged of the Uses and Limitations limited, created, and expressed in the said Will, for the Purpose of more effectually carrying into Execution, a Decree, and certain Orders of the High Court of Chancery, for Sale of the same Estate, and for other Purposes therein mentioned."

Nisbet's Divorce Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House to the Bill intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire with Anne Blomberg his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:"

And the same, being read twice by the Clerk, were agreed to by the House.

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

Dewes et al. Petition referred to Judges.

Upon reading the Petition, as well of the Reverend John Dewes of Calwich, in the County of Stafford, Clerk, for and on behalf of himself, and John Dewes, his infant Son, as also of Barnard Dewes of Hagley in the County of Worcester Esquire, for and on behalf of himself and of Court Dewes, his infant Son, and of Court Dewes of Welsbourn, in the County of Warwick Esquire, and likewife of the several other Persons whose Names are thereunto subscribed, interested in Remainder in the Estates therein mentioned, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Buller, 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.

Collins against Sir H. Gough et al.

Upon reading the Petition of Daniel Collins, Clerk, Appellant in a Cause depending in this House, to which Sir Henry Gough Baronet and others are Respondents, setting forth, "That since presenting his Appeal to their Lordships, the Petitioner hath discovered that by Mistake in transcribing the same, the Decree is expressed to bear Date the 4th Day of March 1782, being the Day on which the Cause was in hearing in the Court below, but the Petitioner, in looking into the said Decree, finds that the same bears Date the 6th of the same March 1782:" and therefore praying their Lordships, " That he may be at Liberty to amend his said Appeal, by rectifying the Date of the said Decree, and inserting the same as dated the 6th Day of March 1782:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal by rectifying the Date of the said Decree, and inserting the same as dated the 6th Day of March 1782, as desired, he amending the Respondent's Copy.

Grubbe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Hunt Grubbe Esquire, and Walter Hunt Grubbe Gentleman, and after their several Deaths, the Guardians of their respective Issue, to make Leases of their settled Estates in the County of Wilts, and the City of Bristol:"

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

Their Lordships, or any Five of them, to meet on Friday the 5th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Colquhoun against Corbet.

The House being informed, "That John Corbet Esquire of Tolcross, Respondent to the Appeal of John Colquhoun Tenant in Gartcosh, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of James Hay, Writer in Edinburgh, of the due Service of the said Order being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

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

Newton Abbott Road Bill.

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fifth Year of the Reign of His present Majesty, for repairing and widening the Roads from the South End of Newton Abbott to the Passage Way in Kingswear, opposite Clifton Dartmouth Hardness, and from the End of a Lane leading out of the Turnpike Road between Newton Abbott and Totnes, towards Abbotts Kerswell to Five Lanes, and from Langver's Barn to the said Turnpike Road between Newton Abbott and Totnes; and from Galmpton Warborough to Monk's Bridge, and Brixham Quay, and from Langver's Barn to the North End of Paington Town, all in the County of Devon;" to which they desire the Concurrence of this House.

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

Tregony Road Bill.

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act made in the Second Year of the Reign of His present Majesty, for repairing and widening the Road from the Lostwithiel Turnpike Road, in the Parish of Creed, in the County of Cornwall, through Tregony to Ruan Lanehorne, and from Dennis Water to Three hundred Yards on the South Side of Trethim Mill, in the Parish of Saint Just in the said County;" to which they desire the Concurrence of this House.

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

Dover &c. Small Debts Bill.

With a Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Town and Port of Dover, and the Parishes of Charlton, Buckland, River, Ewell, Lydden, Coldred, East Langdon, West Langdon, Ringwould, Saint Margaret's at-Cliff, Whitfield otherwise Beausfield, Guston, Hougham, otherwise Huffham, Caple le Ferne, and Alkham, and also the Liberty of Dover Castle in the County of Kent;" to which they desire the Concurrence of this House.

The said three Bills were, severally, read the first Time.

Lords summoned.

The Order of the Day being read for the Lords to be summoned:

Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.

Foleys against Grant et al.

Ordered, That the hearing of the Cause wherein the Honourable Andrew Foley and Thomas Foley are Appellants, and John Grant and others are Respondents, which stands appointed for Monday next, be put off to Tuesday next, and that the Judges do then attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.