House of Lords Journal Volume 27: May 1749, 11-20

May 1749, 11-20

DIE Jovis, 11^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Glaston Rectory annexing to Peter House College, Bill

Hodie 3^a vice lecta est Billa, intituled, "An Act for annexing the Rectory of Glaston, in the County of Rutland, to the Office of Master or Keeper of the House or College of Saint Peter, in the University of Cambridge."

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. Burroughs and Mr Allen

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

Mortimer & al to sell Mansfield's Estate, Bill

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of divers Lands and Tenements in Twickenham, in the County of Middlesex, devised by the Will of Paul Mansfield, deceased, pursuant to an Agreement for that Purpose, and for the Benefit of his Grandchildren," 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, 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.

Stewart & al. against Heron

A Petition of Mrs Agnes Stewart and John Hathorn Esquire her Husband, for his Interest, was presented, and read, setting forth, "That the Point in Issue in this Cause, wherein Mrs. (fn. 1) Christian Heron is Respondent, depends solely on the Principles and Maxims of the Law of Scotland, and, being deprived of Mr. Lockhart's Assistance, by his going lately thither, they were obliged to have Recourse to Mr Charles Maitland, who is under a Necessity of being there before the First of June," and therefore praying, "That their Appeal may be heard soon after the Holydays, or that it be put off till the next Session of Parliament"

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn.

Ordered, That the said Cause be heard on this Day Fortnight.

Plunket's Petition for a Bye day rejected

A Petition of William Plunket Gentleman, was presented, and read, praying, "That such short and Byeday may be appointed, for hearing the Petitioner's Appeal, which now stands last upon the Paper, as (fn. 2) to this House in their great Goodness shall seem meet."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn.

Ordered, That the said Petition be rejected.

Sir Ludovick Grant & al against Sutherland & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir Ludovick Grant Baronet, Colonel James Abercrombie of Glassach Esquire, John Gordon in Fochabers, Steward to his Grace the Duke of Gordon, and the other Creditors of the deceased Alexander Sutherland of Kinminity, complaining of an Interlocutor of the Lords of Session in Scotland, of the 22d of November 1748, and also of an Interlocutor of the Lord Ordinary, of the 10th of December 1748, and likewise Two Interlocutors of the said Lords of Session, of the 4th of January 1748/9, made on the Behalf of James Sutherland of Clyne, and praying, "That the said Interlocutors might be reversed, varied, or altered, and that the Interlocutor of the said Lords, of the 14th of June 1744, and the Interlocutor of the Lord Ordinary, of the 21st of November 1746, might be affirmed" As also upon the Answer of the said James Sutherland and Daniel Forbes Writer in Edinburgh 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 several Interlocutors of the 22d of November 1748, the 10th December 1748, and the Two Interlocutors of the 4th January 17488/9, be, and the same are hereby, reversed And it is further Ordered and Adjudged, That the said Interlocutor of the Lord Ordinary, of the 24th of December 1747, be, and the same is hereby, affirmed And it is also Ordered and Adjudged, That the Interlocutor of the said Lord Ordinary, of the 21st of November 1748, so far as the same is not reversed or varied by the said Interlocutor of the 24th December 1747, be, and is hereby, affirmed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, duodecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 12^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Mortimer & al to sell Mansfield's Estate, Bill

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of divers Lands and Tenements, in Twickenham, in the County of Middlesex, devised by the Will of Paul Mansfield, deceased, pursuant to an Agreement for that Purpose, and for the Benefit of his Grandchildren"

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. Burroughs and Mr Allen

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

King's Ships, &c better Government of, Bill

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

To return the Bill, intituled, "An Act for amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea," and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Messages from H C to return the E of Peterborow's Bill,

A Message was brought from the House of Commons, by Mr. Andrew Mitchell and others.

To return the Bill, intituled, "An Act to enable Charles Earl of Peterborow, or the other Heirs of Entail, to sell Lands, in the Counties of Kincarden and Aberdeen, for Payment of Debts charged thereupon, and other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

and Williams & al to sell Robinson Lytton's Estate, Bill

A Message was brought from the House of Commons, by Mr. Alderman Bethell and others.

To return the Bill, intituled, "An Act for disposing of Part of the Real Estate of William Robinson Lytton Esquire, deceased, directed by his Will to be sold, for raising Portions for his Daughters, in order to discharge Encumbrances affecting the same, 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 House proceeded to take into Consideration the said Amendments.

And the same, being read Thrice, were agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Broad Blunsdon Common, enclosing, Bill

Ordered, That the Committee to whom the Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, for enclosing and dividing the Common Fields and Common Grounds, in the Tithing of Broad Blansdon, in the County of Wilts, and making the same more effectual for the Purposes therein mentioned," stands committed, which is appointed to meet on Tuesday next, do meet, to consider of the said Bill, on Thursday Sevennight.

Wisbech and March Road, Bill

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Third Year of the Reign of His present Majesty, intituled, An Act for making a new Road, and for repairing and amending the ancient Road, between the Towns of Wisbech and March, in the Isle of Ely and County of Cambridge"

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 the former Messengers.

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

Coals, &c exported, Duties securing, Bill

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

With a Bill, intituled, "An Act for the better securing His Majesty's Duties arising upon Coal, Culm, and Cinders, exported beyond Sea," to which they desire the Concurrence of this House.

Gunpowder, Mischiefs by, to prevent, Bill.

A Message was brought from the House of Commons, by Sir Hugh Smithson and others.

With a Bill, intituled, "An Act to prevent the Mischiefs which may happen by keeping too great Quantities of Gunpowder in any one Place, or carrying too great Quantities of Gunpowder together from one Place to another," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Foreign Lace and Embroidery, prohibiting, Bill

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing the Importation and Wear of Foreign Embroidery and Brocade, and of Gold and Silver Thread, Lace, or other Work made of Gold or Silver Wire, manufactured in Foreign Parts"

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Ramsgate Harbour, Bill.

The like Proceeding was had, upon the Bill, intituled, "An Act for enlarging and maintaining the Harbour of Ramsgate, and for cleansing, amending, and preserving, the Haven of Sandwich."

Maxwell against E. Clanrickard

The House was informed, "That Mr. William Lemmon attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein John Maxwell Esquire is Appellant, and Smyth Earl of Clanrickard Respondent"

Pleadings proved

He was 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.