House of Lords Journal Volume 25: April 1738, 1-10

April 1738, 1-10

DIE Lunæ, 10^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Murray against Sir J. Dalrymple & al.

The several Answer of Sir James Dalrymple of Hails Baronet, One of the Respondents to the Appeal of Mr. Hugh Murray Kynnynmound, &c. was brought in:

As also, the Answer of Sir James Kinloch Baronet and Dame Mary his Wife, to the same Appeal.

Lynch against Killikelly.

The Answer of Catherine Killikelly Widow, to the Appeal of Francis Lynch Merchant, was likewise brought in:

Sir H. Dalrymple against Buchan.

As was also, the Answer of Mary Buchan Spinster, One of the Respondents to the Appeal of Sir Hew Dalrymple Baronet.

New Respondents to be made to Murray's Appeal.

A Petition of Alexander Hamilton, Agent for Mr. Hugh Murray Kynnynmound and others, was presented, and read; setting forth, "That they are advised, it is necessary to make Sir Francis Kinloch Baronet and Dame Mary his Wife, and Sir James Dalrymple Baronet, Respondents to their Appeal; they being Parties in the Court below, though they made no Defence;" and praying, "That the Petitioner may have Leave forthwith to amend the said Appeal accordingly, but not to put off the Hearing of the Cause."

And thereupon the Petitioner and Mr. Alexand'r Ross, the Respondents Agent, being called in, and heard, at the Bar; and the latter consenting to the Prayer of the Petition:

They were directed to withdraw.

Ordered, That the Petitioner have Liberty to amend the said Appeal, as desired, by adding the said Parties as Respondents; but not to put off the Hearing of the Cause as at present appointed.

Lemsford Mill Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted and given by an Act passed in the Twelfth Year of the Reign of His late Majesty King George, for repairing the Road from Lemsford Mill, in the County of Hertford, to Welwyn, and from thence to Cory's Mill, and from Welwyn (through Codicot) to Hitchin, in the said County; and also for repairing the Roads from Cory's Mill to Hitchin aforesaid."

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

Deeds, &c. of Papists, Enrolment of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees."

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

Brentford Road, Bill.

Hodie 2^a vice lecta est Billa, intituled "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, One of the Third, and the other of the Tenth, Year of the Reign of His late Majesty King George the First, for repairing the Highways from that Part of Counters Bridge which lies in the Parish of Kensington, in the County of Middlesex, leading through the Towns of Brentford and Hounslow, to The Powder Mills, in the Road to Staines, and to Cranford Bridge, in the said County, in the Road to Colnbrooke."

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.

May, for a Bill to take the Name of Knight:

Upon reading the Petition of Thomas May (now Thomas Knight) Esquire; praying Leave to bring in a Bill, to enable him and his Heirs Male to take the Surname of Knight:

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

Bill read.

Accordingly, the Lord Willoughby de Brooke presented to the House a Bill, intituled, "An Act to enable Thomas May Esquire and his Sons, and the Heirs Male of their Bodies, to take and use the Surname of Knight, pursuant to the Will of Elizabeth Knight, deceased."

And the same was read the First Time.

Ballastage Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing of an Act made in the Sixth Year of the Reign of His present Majesty, intituled, An Act for the better Regulation of Lastage and Ballastage, in the River Thames."

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

Prisoners for Debt, for relief of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of such Prisoners for Debt as have, by unavoidable Accidents, lost the Benefit of an Act passed in the last Session of Parliament, intituled, "An Act for Relief of Insolvent Debtors;" and for the Indemnity of such Sheriffs and Gaolers as have incurred any Penalties on account of such Prisoners not being discharged; and for extending the Benefit of the said Act to Creditors, whose Debtors were committed to Prison since the First Day of January One Thousand Seven Hundred and Thirty, and were detained there upon the First Day of January One Thousand Seven Hundred and Thirty-six, and have chose to continue there."

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

Meux to take the Name of Massingberd, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Massingberd Esquire, heretofore called William Meux, and the Heirs Male of his Body, to take and use the Surname of Massingberd, pursuant to a Settlement made by Sir William Massingberd Baronet, 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 Friday next, at the same Place; and to adjourn as they please.

Lynch against Killikelly & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Francis Lynch Merchant is Appellant, and Martin Killikelly 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.

Rotherith Church, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers granted by an Act of Parliament made and passed in the Third Year of the Reign of His late Majesty King Gearge, intituled, An Act to enable the Parishioners of the Parish of St. Mary, Rotherith, in the County of Surrey, by certain Funeral Rates therein mentioned, to finish the said Parish Church; and to enable the said Parishioners to raise such further Sums of Money as shall be necessary for purchasing a convenient Piece of Ground for an additional Burial Ground; and for other Purposes therein mentioned."

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

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

Bernard & al. to be naturalized.

Upon reading the Petition of Herman Bernard and John Bosquaine; praying Leave to bring in a Bill, for their Naturalization:

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

Burke against Blake; and Hampson against Mervin: Pleadings proved.

The House being informed, "That Mr. Brereton attended, in order to deliver in Copies of several Pleadings and Proceedings, in the Cause wherein Gerald Burke Esquire is Appellant, and Thomas Blake Respondent; and in the Cause wherein Dillon Pollard Hampson Esquire is Appellant, and Arthur Mervin and others are Respondents:"

He was thereupon called in; and delivered, at the Bar, the said Copies; and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

E. Westmeath against Madden.

The House was also informed, "That Mr. Dalton attended, in order to deliver in Copies of certain Papers and Proceedings, in the Cause wherein Thomas Earl of Westmeath is Appellant and John Madden Respondent."

Whereupon he was called in; and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Office in Ireland."

And then he was directed to withdraw.

Sir J. Stewart et al. against Crawfurd:

This Day being appointed, for hearing Counsel, in the Cause wherein Sir John Stewart of Allan Bank Baronet, Mr. Archibald Inglis Advocate, Mr. James Lawrie Minister of the Gospel in Langton, and David Cockburn Baillie of Symprone, are Appellants, and Patrick Craufurd Merchant is Respondent, being an Appeal, as well from an Interlocutor of the Lord Ordinary, as several Interlocutors of the Lords of Session in Scotland:

And the First Counsel on the Part of the Appellants having been fully heard, and some Proceedings in the Court of Session read:

The Counsel on both Sides were directed to withdraw.

And it appearing to the House, that the said Appeal was prematurely brought:

Appeal dismissed.

It is therefore Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the same be, and is hereby, dismissed; and that the said Lords of Session do proceed to the Determination of this Cause, according to Law; and that afterwards the Parties on either Side be at Liberty to appeal to this House, as they shall be advised.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, undecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.