House of Lords Journal Volume 37: April 1787 11-20

April 1787 11-20

DIE Lunæ, 16^o Aprilis 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sussex Gaol Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Scite, Buildings, and other the Premises belonging to the Old Gaol or Prison of the County of Sussex, in Trustees, for the Purpose of conveying the same to the Right Honourable Frances Viscountess Irwin and her Heirs, and to declare the New Gaol or Prison lately built to be the Common Gaol for the said County."

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

Their Lordships, or any Five of them, to meet on Tuesday the 1st Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Foley's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of the Honourable Edward Foley with the Right Honourable Lady Ann Coventry, his now Wife, and for other Purposes."

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. Holford and Mr. Walker:

To carry down the said Bill, and desire their Concurrence thereto.

Pawnbrokers' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Trade and Business of Pawnbrokers."

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 the 24th Day of this instant April.

American Debts Bill.

The Order of the Day heing read for the House to be put into a Committee upon the Bill, intituled, "An Act for the better preventing vexatious Suits being brought for the Recovery of Debts contracted in America previous to the Treaty of Peace with the United States:"

Ordered, That the said Order be discharged.

E. Ferrers against Stevenson et al:

Upon reading the Petition of the Right Honourable Robert Earl Ferrers, Plaintiff in a Writ of Error depending in this House, wherein Thomas Stevenson and others are Defendants, which stands appointed for Hearing To-morrow, setting forth, "That the Petitioner brought a Writ of Error returnable before their Lordships, which was brought up into this House on the 9th Day of March last, together with the Record thereof, whereupon the Petitioner assigned certain Matter for Error; that the Petitioner is since advised to withdraw his said Assignment of Errors, and doth not intend to prosecute his said Writ;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ may be Non-pros'd, with such Costs as to their Lordships shall seem meet, the Agent for the said Defendant having signed the said Petition, as consenting thereto:"

Writ of Error non-pros'd with Costs.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Assignment of Errors, as desired; and that the Defendant in Error do forthwith enter a Nonpros on the said Writ of Error; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay or cause to be paid to the Defendants in Error the Sum of Forty Pounds for their Costs by reason of the Delay of the Execution of the said Judgement.

Bowles et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Oldfield Bowles Esquire and Mary his Wife, on Behalf of themselves and of their Infant Son, 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 discharging certain Manors, Messuages, Lands, Tenements, and Hereditaments in the several Counties of Kent, Surrey, Middlesex, and Berks, Part of the Estate of Oldfield Bowles Esquire, from the Uses, Estates, and Trusts declared concerning the same, in and by the Settlement made previous to the Marriage of the said Oldfield Bowles with Mary his now Wife, and for settling the Manor of North Aston, and other Lands and Hereditaments in the County of Oxford, of greater Value, in Lieu thereof, to the like Uses."

Salusbury et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Robert Salusbury Esquire, and Katherine his Wife, for and on the Behalf of themselves and of their Infant Children, 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 rendering valid and effectual the Powers of Sale and Exchange inserted in the Settlement made on the Marriage of Robert Salusbury Esquire with Katherine his Wife."

Ordered, That such Reports of the Judges upon Petitions to this House for private Bills, as shall be left with the Clerk at the Parliament Office this Day, be received and read the next Sitting Day of the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 18^o Aprilis 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bolton et al. against Mansfield and Co.:

After hearing Counsel this Day upon the amended Petition and Appeal of Matthew Bolton Esquire, Alexander Baxter of Odiam Esquire, Sir James Maxwell, James Ritchie and Company, Bankers in Glasgow, the Representatives of the deceased James Campbell of Auchlyne, the Representatives of the late William Chace, Banker in Derby, and the Representatives of the late John Barker, Banker in Litchfield, Creditors of Samuel Garbet of Birmingham, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of November 1786, and also of an Interlocutor of the Lord Ordinary there, of the 13th of December 1786; and praying, "That the same might be reversed, varied, or amended, or that the Appellants 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 Messieurs Mansfield, Ramsay and Company, Bankers in Edinburgh, Messieurs Douglas, Heron, and Company, late Bankers in Ayr, and Walter Hogg, Trustee for the Creditors of Francis Garbet and Company, 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.

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

West Harptree Enclosure Bill.

With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Lands within the Parish of West Harptree otherwise West Harptry in the County of Somerset;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Jovis, 19^o Aprilis 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bowles' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging certain Manors, Messuages, Lands, Tenements, and Hereditaments, in the several Counties of Kent, Surry, Middlesex, and Berks, Part of the Estate of Oldfield Bowles Esquire, from the Uses, Estates, and Trusts, declared concerning the same, in and by the Settlement made previous to the Marriage of the said Oldfield Bowles with Mary his now Wife, and for settling the Manor of North Aston, and other Lands and Hereditaments in the County of Oxford, of greater Value in Lieu thereof, to the like Uses."

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 4th Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Drummond et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Robert Auriol Hay Drummond Esquire, and Sarah his Wife, in Behalf of themselves and their Infant Children, 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 the Estates in the County of York, and also the Heir Looms devised and bequeathed by the Will of the Honourable and Most Reverend Robert late Lord Archbishop of York, in Trustees to be sold; and for laying out the Monies to arise from such Sales, in the Purchase of Estates to be settled to the same Uses."

V.Falmouth, Petition to enlarge Time for receiving Judges' Report, rejected.

Upon reading the Petition of the Right Honourable George Evelyn Lord Viscount Falmouth, and of Sir Francis Basset Baronet, setting forth, "That the Petitioners, together with George Boscawen Esquire, and others, on the 2d Day of this Instant April, presented a Petition to this House, for Leave to bring in a Private Bill, and the same was referred to two Judges to consider and report: That the Honourable and Reverend Nicholas Boscawen Doctor in Divinity, and Nicholas Boscawen Esquire his Son, are interested in the Consequences of the said Bill, and necessary Parties to sign the Petition, and the said Doctor Boscawen having requested Time to consider the same, and to have an Opportunity of consulting his Son on the Subject, who was then in the County, by which means his Consent to the said Bill, could not be obtained until the 11th Instant: That the Petitioners were unwilling to be at the great Expence of bringing their Witnesses out of Cornwall to be sworn to prove the Allegations in the said Bill and Petition, until the said Doctor Boscawen had given his Consent thereto, and the same not being given until the 11th Instant, such Witnesses could not be brought to Town and sworn in time, to obtain the Judges' Report upon the said Petition, so as to be presented to this House within the Time limited by their Lordships' Order for receiving Reports from the Judges upon Private Bills: That the Petitioners were fully prepared to go before the Judges on the said Reference of their Lordships, except as to the Witnesses who live in Cornwall; and it will be of great Advantage to the Petitioners, that the said Bill be passed into a Law this Session;" and therefore praying, "That their Lordships will be pleased, for the Reasons before mentioned, to receive the Report of the Judges under the said Order of Reference, within a Fortnight from this Time."

It is Ordered, That the said Petition be rejected.

Simpson Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Simpson Esquire, on Behalf of himself and of his Infant Son, praying Leave to bring in a private Bill, for the Purposes therein mentioned:

Bill read.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates, late of William Simpson Esquire, in the Counties of York, Lincoln, and Nottingham in Trustees to be sold, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof to the same Uses."

West Harptree Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons, and Waste Lands, within the Parish of West Harptree otherwise West Harptry, in the County of Somerset."

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.

The House was adjourned during Pleasure.

The House was resumed.

East Stonehouse Chapel Bill.

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

With a Bill, intituled, "An Act for Re-building the Chapel of East Stonehouse, in the County of Devon;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hungerford's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Tythes, and Estate at Orton, in the County of Northampton, belonging to Jesus Hospital, in the same County, in John Peach Hungerford Esquire, for his Life, with Remainders over, and for settling a Rent Charge out of the said Estate, and other Hereditaments of the said John Peach Hungerford at Orton aforesaid in Lieu thereof," 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 to the Satisfaction of the Committee; 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.

Duties Consolidation Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for repealing the several Duties of Customs and Excise, and granting other Duties in Lieu thereof, and for applying the said Duties, together with the other Duties composing the Public Revenue, for permitting the Importation of certain Goods, Wares, and Merchandize, the Produce or Manufacture of the European Dominions of the French King, into this Kingdom; and for applying certain unclaimed Monies remaining in the Exchequer, for the Payment of Annuities on Lives, to the Reduction of the National Debt;" and for the Lords to be summoned:

The said Bill was accordingly read a Second Time.

Moved, "That the said Bill be committed."

Which being objected to;

After long Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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 To-morrow; and that the Lords be summoned.

Adjourn.

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

DIE Veneris, 20^o Aprilis 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Porterfield against Glencairn et al.

The Answer of the Earl of Glencairn and others to the Appeal of Boyd Porterfield was this Day brought in.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Alexander Cuthbert Esquire and Charles Janes are Appellants, and Mr. Ann Paterson and Philip Anstruther Paterson Esquire are Respondents, which stands appointed for this Day, be put off to Monday next; and that the rest of the Causes be removed in Course.

E. Cholmondeley's Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting Part of the settled Estates of the Right Honourable George James Earl of Cholmondeley in the County of Chester, in the said Earl of Cholmondeley in Fee-simple; and for settling an Estate of greater Value in the same County in Lieu thereof," 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 to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and made one Amendment thereto; which Amendment, being read Twice by the Clerk, was agreed to by the House."

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

Drummond or Abp. York's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estates in the County of York; and also the Heir Looms, devised and bequeathed by the Will of the Honourable and Most Reverend Robert late Lord Archbishop of York, in Trustees to be sold; and for laying out the Monies to arise from such Sales in the Purchase of Estates to be settled to the same Uses."

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 the 7th Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Simpson's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates late of William Simpson Esquire, in the Counties of York, Lincoln, and Nottingham, in Trustees to be sold; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments to be settled in Lieu thereof, to the same 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 Tuesday the 8th Day of May next, at the usual Time and Place; and to adjourn as they please.

East Stonehouse Chapel Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Re-building the Chapel of East Stonehouse in the County of Devon."

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

Hungerford's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Tythes and Estate at Orton in the County of Northampton, belonging to Jesus' Hospital in the same County, in John Peach Hungerford Esquire for his Life, with Remainders over; for settling a Rent Charge out of the said Estate and other Hereditaments of the said John Peach Hungerford, at Orton aforesaid, in Lieu thereof."

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. Holford and Mr. Walker:

To carry down the said Bill, and desire their Concurrence thereto.

Insolvent Debtors' Bill.

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

With a Bill, intituled, "An Act for the Relief of insolvent Debtors; and for the Relief of Bankrupts in certain Cases;" to which they desire the Concurrence of this House.

Kelso Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act made in the Sixth Year of the Reign of His present Majesty, for repairing the Road from the Burgh of Lauder in the Shire of Berwick, to and through Kelso in the Shire of Roxburgh, to the Marchburn;" to which they desire the Concurrence of this House.

The last mentioned Bill was read the First Time.

Delvalle et al. against Grove et al.

Upon reading the Petition of Rebecca Delvalle and others Creditors of the York Buildings Company, Appellants in a Cause depending in this House, to which Martha Grove and others, likewise Creditors of the said Company, are Respondents, which stands appointed for Hearing; setting forth, "That it appears the Governor and Company of Undertakers for raising Thames Water in York Buildings were Parties to the Cause below, but are omitted to be made Parties to the Appeal;" and therefore praying their Lordships, "That the Petitioners be at Liberty to amend their said Appeal in this Particular, they amending the Respondents' Copy; and that the said Governor and Company of Undertakers for raising Thames Water in York Buildings may be required to answer the said Appeal:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal by adding the said Governor and Company of Undertakers for raising Thames Water in York Buildings, Parties thereto, as desired; and that they do put in their Answer or respective Answers thereunto in Writing on or before Friday the 18th Day of May next.

Strathallan Claim of Peerage, Committee put off.

Upon reading the Petition of Andrew John Drummond Esquire; setting forth, "That upon the 4th Day of this instant April their Lordships were pleased to order the Lords Committees for Privileges to meet to consider the Petitioner's Claim to the Dignity of Viscount of Strathallan, and on Tuesday the 24th instant: That one of the Witnesses who is to prove a material Fact in the Case not being yet arrived from Scotland, and Mr. Solicitor General, who is of Counsel for the Petitioner, not being expected in Town till Monday next, and who therefore cannot be properly prepared to attend their Lordships on Tuesday, the Petitioner is under the Necessity of applying to their Lordships for a short Delay;" and therefore praying, "Their Lordships will be pleased to discharge the said Order, and to order that the Lords Committees for Privileges do meet to consider this Claim on Tuesday the 1st Day of May next, or such other Day as their Lordships think most proper, the Petitioner giving Notice to His Majesty's Attorney General and the Lord Advocate for Scotland, the Agent for the Crown having signed the said Petition as consenting thereto:"

It is Ordered, That the Lords Committees for Privileges do meet to consider the said Claim on Tuesday the 1st Day of May next, as desired; and that Notice thereof be given to His Majesty's Attorney-General and the Lord Advocate for Scotland.

Porterfield against E. Glencairn et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Boyd Porterfield is Appellant, and the Earl of Glencairn and others are Respondents:"

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.

Duties Consolidation Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for repealing the several Duties of Customs and Excise, and granting other Duties in Lieu thereof; and for applying the said Duties, together with the other Duties composing the Public Revenue; for permitting the Importation of certain Goods, Wares, and Merchandize, the Produce or Manufacture of the European Dominions of the French King, into this Kingdom; and for applying certain unclaimed Monies remaining in the Exchequer, for the Payment of Annuities on Lives, to the Reduction of the National Debt;" and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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