Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 26: May 1742, 1-10', in Journal of the House of Lords Volume 26, 1741-1746, (London, 1767-1830) pp. 110-118. British History Online https://www.british-history.ac.uk/lords-jrnl/vol26/pp110-118 [accessed 20 April 2024]
In this section
May 1742, 1-10
DIE Lunæ, 3o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. Warrington sworn.
George Earl of Warrington took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Messages from H. C. with a Bill; and to return the D. Grafton's Bill;
A Message was brought from the House of Commons, by Colonel Pelham and others:
To return the Bill, intituled, "An Act for the Sale of certain Pieces or Parcels of Ground, Messuages, and Buildings, at Park Place, in the Parish of Saint James, in the County of Middlesex, Part of the settled Estate of Charles Duke of Grafton; and for settling other Lands to the same Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.
the E. Carlisle's Bill;
A Message was brought from the House of Commons, by Mr. Ord and others:
To return the Bill, intituled, "An Act to empower Henry Earl of Carlisle to make Leases of Coal Mines and Coal Works, lying within his settled Estates, in the County of Northumberland, for any Term not exceeding Ninety-nine Years;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and Horne's Bill.
A Message was brought from the House of Commons, by Mr. Winford and others:
To return the Bill, intituled, "An Act for Sale of Two Closes of Meadow Ground, in West Harnham, in the County of Wilts, being the settled Estate of John Horne, to Henry Earl of Pembroke and his Heirs; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Dashwood and Payne to take the Name of King, Bill.
A Message was brought from the House of Commons, by Sir Francis Dashwood and others:
With a Bill, intituled, "An Act to enable John Dashwood and William Payne Esquires, and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity, deceased, to take and use the Surname of King only, according to the Direction of the Codicil to the Will of the said Doctor King;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Lords take the Oaths.
William Earl of Harrington Lord President, Charles Duke of Richmond, Charles Duke of Marlborough, Henry Earl of Pembroke, and William Earl of Albemarle, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; they having first severally delivered a Certificate of their receiving the Sacrament Yesterday, to the Truth whereof Witnesses were sworn and examined.
Walcot's Bill.
The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Marriage Portion of Mary late Wife of John Walcot Esquire, and also Part of his settled Estate, in Trustees, for raising Money, to pay Debts, and for securing an Equivalent for the same, for the Benefit of his Heir Male," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Sir Job Brooke's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to prevent Sir Job Brooke Baronet, a Lunatick, from aliening or encumbering his Estate, or marrying, during his Lunacy."
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. Bennett:
To carry down the said Bill, and desire their Concurrence thereunto.
Ledbury, &c. Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Seventh Year of the Reign of His late Majesty King George the First, for repairing the several Roads leading from the Town of Ledbury, in the County of Hereford, to the several Places therein mentioned; and for making the said Act more effectual."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Cirencester Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Roads leading from Cirencester Town's End to Saint John's Bridge, in the County of Gloucester."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to both the said Bills, without any Amendment.
Anderson against Lauder:
After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of George Anderson Merchant in Haddington; complaining of an Interlocutor of the Lord Ordinary, of the 15th of February 1738/9 and also of another Interlocutor, of the 23d of the same Month; and of a Third Interlocutor, of the 4th of July 1739, whereby the Lord Ordinary adhered to his former Interlocutors; and likewise of an Interlocutor of the Lords of Session in Scotland, of the 18th of the same July, whereby they adhered to the Lord Ordinary's Interlocutors; and further complaining of an Interlocutor of the same Lords, of the 16th of January 1739/40; and an Interlocutor of the Lord Ordinary, of the 22d of the same Month; and of an Interlocutor of the same Lords, of the 21st of February following, whereby they adhered to their Interlocutor of the 16th of January 1739/40; and likewise of an Interlocutor of the said Lords, of the 27th of the same February, whereby they adhered to the Interlocutor of the Lord Ordinary, of the 22d of January 1739/40; and also complaining of Interlocutors of the 4th, 18th, and 26th, of June 1740; and of Two Interlocutors of the said Lords of Session, of the 3d of July and 21st of November following, whereby they adhered to the Lord Ordinary's Interlocutors; and further complaining of an Interlocutor of the Lord Ordinary, of the 3d of February 1740/1; and of another Interlocutor, of the 18th of June 1741, whereby he adhered to the last mentioned Interlocutor; and likewise of an Interlocutor of the Lord Ordinary, of the 18th of July following, made on the Behalf of Charles Lauder Writer in Edinburgh; and praying, "That the said several Interlocutors might be reversed, varied, or amended; and that this House would give the Appellant such Relief as in their Lordships Wisdom should seem meet:" As also upon the Answer of the said Charles Lauder put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Interlocutors beforementioned, complained of in the said Appeal, precedent to the Interlocutor of the Lord Ordinary, of the 4th of June 1740, be, and the same are hereby, affirmed; and that the said Interlocutor, of the 4th of June 1740, be likewise affirmed, with this Variation at the End thereof; (videlicet,) ["except the Debt of Four Hundred Pounds Scots, due to William Brown in the Proceedings mentioned, and assigned by him to the Appellant upon his Marriage, by an Assignment, dated the 3d Day of July 1709"]: And it is also Ordered and Adjudged, That the Interlocutor of the 18th of June 1740 be affirmed: And it is further Ordered and Adjudged, That the said Interlocutors of the 26th of June and 21st of November 1740 be, and the same are hereby, reversed; and that the Principal Sum of Three Hundred Pounds Scots, due to the Appellant's Mother, ought to be considered as transacted or compounded at the Rate of Merks for Pounds, and that the Appellant ought only to charge Merks for Pounds of the said Principal Sum against the Respondent; but as to the said Debt of Four Hundred Pounds Scots, due to the said William Brown, and assigned by him to the Appellant as aforesaid, the Appellant ought to be allowed the Full of that Debt, and the Respondent to be charged in the Accompt with the full Sum thereof accordingly: And it is further Ordered and Adjudged, That the said Interlocutors, of the 3d of July 1740, and 3d of February 1740–1, and the 18th of June 1741, be, and the same are hereby, affirmed: And as to the said Interlocutor of the 18th of July 1741, it is hereby further Ordered, That it be referred back to the said Lords of Session; and they are hereby directed to vary and rectify the Accompt taken between the said Parties, and also the last mentioned Interlocutor agreeably to the Variations made by this House in the said other Interlocutors; and that the said Lords of Session do give the necessary and proper Directions for carrying this Judgement into Execution.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 4o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Certificate of the Marquis of Tweeddale's Election.
This Day the Deputy Clerk of the Crown in Chancery delivered a Certificate of the Name of the Peer of Scotland, who, by Virtue of His Majesty's Proclamation, is chosen to sit and vote in this House; which is as follows:
"May it please your Lordships,
"I do hereby certify, that, by virtue of His Majesty's Proclamation of the Tenth Day of March One Thousand Seven Hundred and Forty-one, a Certificate under the Hands and Seals of Mr. Thomas Gibson and Mr. William Kirkpatrick, Clerks of Session attending the Election aftermentioned, in Virtue of the Lord Register's Commission to them granted, has been delivered into the Crown-office in Chancery; whereby it appears, that the most Honourable John Marquis of Tweeddale, One of His Majesty's Principal Secretaries of State, was unanimously elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the room of Charles Earl of Hoptoun, deceased.
"Given under my Hand, this Fourth Day of May One Thousand Seven Hundred and Fortytwo.
"Stephen Bisse, Clerk of the Crown.
The said Marquis of Tweeddle, at the Table, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Walcot's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Marriage Portion of Mary late Wife of John Walcot Esquire, and also Part of his settled Estate, in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his Heir Male."
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. Bennett:
To carry down the said Bill, and desire their Concurrence thereunto.
Dashwood & al. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Dashwood and William Payne Esquires, and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity, deceased, to take and use the Surname of King only, according to the Direction of the Codicil to the Will of the said Doctor King."
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 Thursday next, at the usual Time and Place; and to adjourn as they please.
Message from H. C. to return Radcliff's Bill.
A Message was brought from the House of Commons, by Mr. Carew and others:
To return the Bill, intituled, "An Act for Sale of several settled Estates of Walter Radcliffe Esquire, lying in the County of Devon; and for laying out the Monies arising from such Sale in the Purchase of other Lands, in the said County of Devon, of equal Value, to be settled to the same Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Wootson Underwood Common, &c. enclosing, Bill.
A Message was brought from the House of Commons, by Mr. George Grenville and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Lawnd, Wastes, and Unenclosed Grounds, within the Manor and Parish of Wootton Underwood, in the County of Bucks; and for the making effectual certain Exchanges therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the first Time.
Standing Orders to be considered.
The Roll of Standing Orders of this House was (according to Order) read.
Ordered, That the Standing Order of the 25th of January 1720, No 112, directing the Lord on the Woolsack to stop the Reading the Order of the Day till the House shall be cleared of all Persons who have no Right to be in it, if any such shall be there at that Time, be taken into Consideration on Thursday Sevennight; and the Lords to be summoned.
Ordered, That the Rule entered in the said Roll, No 9, requiring Lords to pay to the Poor, for Absence, or not coming till after Prayers, be taken into Consideration at the same Time.
Also, the Order of the 28th of June 1715, No 62, directing, "That, on the Days Causes are appointed to be heard, the Counsel be called in at Eleven o'Clock, and no Business to intervene," be taken into Consideration at the same Time.
Also, That the Order of the 13th of June 1685, No 63, prohibiting the Attorney General, or any Assistant of this House, to be of Counsel, at the Bar, for any Person whatsoever, be taken into Consideration at the same Time.
Also, that the Order of the 6th of November 1705, No 96, directing, "That no Private Bill shall be read in the House, before printed Copies thereof be left with the Clerk, for the Perusal of the Lords," be taken into Consideration at the same Time.
And also, the several Rules and Orders relating to Proxies, No 79, 80, 81, 82, 83, 84, and 85, be taken into Consideration at the same Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 5o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Chetwynd against Blacknell & Ux.
The Answer of William Blacknell and Barbara his Wife, late Barbara Chetwynd, Two of the Respondents to the Appeal of Walter Chetwynd Esquire, was brought in.
Message from H. C. to return Manuel's Bill.
A Message was brought from the House of Commons, by Sir Miles Stapylton and others:
To return the Bill, intituled, "An Act for settling certain Messuages, Lands, and Hereditaments, in Great Driffield, in the County of York, Part of the Estate of James Manuel, late of New Malton, in the same County, deceased, to the Uses mentioned in certain Articles of Agreement, made between the Widow and the Daughters and Coheirs of the said James Manuel;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.
The said Amendment, being read Thrice, was agreed to.
And a Message was sent to the House of Commons, by Mr. Holford and Mr. Mountague, to acquaint them therewith.
Udney against Spence:
A Petition of Alexander Udney Esquire, was presented to the House, and read; setting forth, "That he hath an Appeal depending in this House, to which John Spence is Respondent; complaining of certain Interlocutors of the Lords of Session in Scotland; and that, since bringing the same, the Matters in Dispute between the said Parties have been accommodated;" and praying, "That the Petitioner may have Leave to withdraw his said Appeal."
And thereupon the Agents on both Sides were called in.
And the Respondent's Agent signifying his Consent thereunto:
They were directed to withdraw.
Appeal withdrawn.
Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.
Wootton Underwood Common enclosing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Lawnd, Wastes, and Unenclosed Grounds, within the Manor and Parish of Wootton Underwood, in the County of Bucks; and for the making effectual certain Exchanges therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
|
L. President. L. Steward. D. Portland. M. Tweeddale. E. Pembroke. E. Suffolk. E. Northampton. E. Winchilsea. E. (fn. 1) Thanet. E. Sandwich. E. Carlisle. E. Shaftesbury. E. Warrington. E. Sutherland. E. Morton. E. Ilay. E. Oxford. E. Harborough. E. Graham. E. Fitzwalter. Vis. Hereford. Vis. Fauconberg. |
L. B. Rochester. L. B. Hereford. L. B. St. Davids. L. B. Gloucester. L. B. St. Asaph. L. B. Landaff. |
L. Delawarr. L. Willoughby Par. L. Clifton. L. Poulet. L. Strange. L. Ward. L. Cornwallis. L. Gower. L. Mansel. L. Foley. L. Bathurst. L. Onslow. L. Raymond. L. Ilchester. L. Fitzwilliam. L. Edgcumbe. |
Their Lordships, or any Five of them; to meet on Thursday the 20th Day of this Instant May, at the usual Time and Place; and to adjourn as they please.
Message from H. C. to return Lord Taaff's Bill for Sale of the E. of Carlingford's Estate.
A Message was brought from the House of Commons, by Mr. Laroche and others:
To return the Bill, intituled, "An Act for vesting all the Manors, Towns, Lands, Chiefries, Fee Farm Rents, and other Hereditaments whatsoever, in the several Counties of Lowth, Meath, and Sligoe, and elsewhere, in the Kingdom of Ireland, late the Estate of Francis Earl of Carlingford, deceased, in Trustees, to be sold, for Payment of his Debts; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.
The said Amendments, being read Thrice, were agreed to.
And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
Stedman against Stedman.
After hearing Counsel, in Part, upon the Petition and Appeal of Janet Stedman, to which James Stedman her Husband, Merchant in Kinross, is Respondent:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, sextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 6o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Epus. Hereford. Epus. Menevens. Epus. Eliens. Epus. Oxon. Epus. Cestriens. |
Ds. Hardwicke, Cancellarius. Dux Leeds. Dux Portland. Dux Bridgewater. March. Tweeddale. Comes Suffolk. Comes Northampton. Comes Winchilsea. Comes Thanet. Comes Sandwich. Comes Cardigan. Comes Carlisle. Comes Shaftesbury. Comes Warrington. Comes Findlater. Comes Ilay. Comes Aylesford. Comes Stanhope. Comes Harborough. Comes Graham. Comes Fitzwalter. Comes Malton. Viscount Fauconberg. Viscount Falmouth. |
Ds. Willoughby Par. Ds. Clifton. Ds. Ward. Ds. Berkeley Str. Ds. Gower. Ds. Somerville. Ds. Foley. Ds. Bathurst. Ds. Onslow. Ds. Ducie. Ds. Walpole. Ds. Hobart. Ds. (fn. 2) Raymond. Ds. Montfort. Ds. Ilchester. Ds. Edgcumbe. |
PRAYERS.
D. of Norfolk & al. against York Buildings Company.
The Answer of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, to the Appeal of Thomas Duke of Norfolk and others, was brought in.
Cambridge Road, Bill.
The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing the Powers granted by Three several Acts of Parliament; One, for repairing the Road from Stump Cross to Newmarket Heath and the Town of Cambridge; another, for repairing the Road from Foulmire to Cambridge; and the Third, for explaining, amending, and rendering more effectual, the said Two former Acts; and for enlarging the Terms granted by the said Two former Acts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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."
Dashwood and Payne to take the Name of King, Bill.
His Grace made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable John Dashwood and William Payne Esquires, and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity, deceased, to take and use the Surname of King only, according to the Direction of the Codicil to the Will of the said Doctor King," was committed.
Stedman against Stedman:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Janet Stedman, Spouse to James Stedman Merchant in Kinross; complaining of an Interlocutor of the Commissaries of Edinburgh, of the 4th of December 1741; and of an Interlocutor of the Lords of Session in Scotland, of the 5th of January 174½, refusing a Bill of Advocation presented by the Appellant; and also of an Interlocutor of the said Lords, of the 22d of the same Month, whereby they adhered to their former Interlocutor; and likewise of an Interlocutor of the said Commissaries, of the 11th of the same Month, whereby they adhered to their former Interlocutor; and also of an Interlocutor of the Lord Ordinary, of the 26th of the same Month, refusing the Desire of a Second Bill of Advocation; and also of another Interlocutor of the said Lords, of the 2d of February last, whereby they remitted the Cause to the said Commissaries, with a particular Instruction, as in the Appeal is mentioned; and praying, "That the said Interlocutors might be reversed; and that such Relief might be given the Appellant as to this House in their great Wisdom should seem meet:" As also upon the Answer of the said James Stedman put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 7o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Objection against the Attorney General's being heard as a Counsel at the Bar, overruled.
This Day being appointed, for hearing the Cause wherein James Lord Baron of Kingston is Appellant, and John Damer Esquire Respondent, upon an Appeal from a Decree of the Court of Exchequer in Ireland:
Counsel were accordingly called in.
And they coming to the Bar:
Mr. Attorney General appeared as One of the Counsel for the Appellant.
And it being moved, "That they be directed to withdraw:"
They withdrew accordingly.
Then it was moved, "That the Standing Order of this House, of the 13th of June 1685, prohibiting the Attorney General, or any Assistant of this House, to be allowed to be of Counsel, at the Bar, for any private Person whatsoever, might be read."
And the same being read accordingly:
It was moved, "That Mr. Attorney General be heard, as of Counsel for the Appellant, at the Bar, in the said Cause."
Which being objected to:
After Debate;
The Standing Order, directing, "That no Motion shall be granted, for dispensing with a Standing Order, the same Day it is made," was read.
And after further Debate;
The Question was put, upon the foregoing Motion.
And it was Resolved in the Affirmative.
Lord Kingston against Damer.
Then the Counsel were called in again.
And Mr. Attorney General was fully heard, for the Appellant.
And several Proceedings and Proofs on his Part being read:
Mr. Murray was heard, to observe on the Evidence produced.
And Mr. Brown being heard at large, for the Respondent:
Counsel were directed to withdraw.
Ordered, That the further Hearing of this Cause be adjourned till Monday next.
York Buildings Company against Murray & al.: Cross Appeal.
A Cross Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, was presented to the House, and read; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 28th of November 1741, made on the Behalf of Sir Alexander Murray and others; and praying, "That the same may be reversed, or varied in such Manner as to this House shall seem meet."
And thereupon the several Orders made upon receiving the Original Appeal of the Duke of Norfolk and others, for making the Cross Appellants Respondents, and the appointing a peremptory Day for them to put in their Answer, being read:
Ordered, That the said Cross Appeal do lie on the Table; and that the Agents for the Cross Appellants do give Notice of this Matter to the Agent for the Original Appellants; and that they do both attend this House on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 10o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Edgar against Maxwell.
The Answer of James Maxwell, to the Appeal of Theodore Edgar, was brought in.
Cambridge Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Powers granted by Three several Acts of Parliament; One, for repairing the Roads from Stump Cross, to Newmarket Heath, and the Town of Cambridge; another, for repairing the Road from Foulmire to Cambridge; and the Third, for explaining, amending, and rendering more effectual, the said Two former Acts; and for enlarging the Terms granted by the said Two former Acts."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Dashwood and Payne, so take the Name of King, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Dashwood and William Payne Esquires, and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity, deceased, to take and use the Surname of King only, according to the Direction of the Codicil to the Will of the said Doctor King."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Bennett and Mr. Burroughs:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Edgar against Maxwell.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Theodore Edgar is Appellant, and James Maxwell 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.
D. Norfolk & al. against York Buildings Company et al.
A Petition of the York Buildings Company, was presented to the House, and read; setting forth, "That, on the 9th of March last, the Petitioners were made Respondents to an Appeal of the Duke of Norfolk and others, to which they have put in their Answer, and have presented their Cross Appeal;" and praying, In regard the Original Appeal stands for hearing this Day, that the same may be put off to such other Day as the House shall please to appoint; and that both the Appeals may come on to be heard together."
And thereupon the Agents on all Sides were called in.
And the Agents for the Original Appellants and Respondents acquainting the House, "They were willing to put in their Answers to the Cross Appeal immediately:"
They were directed to withdraw.
Ordered, That the said Hearing be put off to Wednesday next come Sevennight; and that the Appellants in the Original Appeal, and the Respondents thereunto, may have a Copy or Copies of the said Cross Appeal; and do put in their Answer or respective Answers to the said Cross Appeal, in Writing, in Two Days.
L. Kingston against Damer:
After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of James Lord Baron of Kingston in the Kingdom of Ireland; complaining (amongst other Things) of such Part of the Order of the Court of Exchequer in Ireland, of the 4th Day of December 1735, as directs an Issue at Law to be tried; and the Order for Affirmance thereof, of the 23d of November 1737, made in a Cause, by Bill of Revivor, wherein the Appellant was Plaintiff, and John Damer Esquire Defendant; and praying, "That the same might be reversed or rectified; and that the Appellant might be relieved as to the House in their great Wisdom should seem meet:" As also upon the Answer of the said John Damer put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, in the abovementioned Issue directed to be tried, before the Word ["Possession"], the Word ["actual"] be left out; and that the said Orders of the 4th of December 1735, and 23d of November 1737, be, with this Variation, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.