House of Lords Journal Volume 29: February 1759, 11-20

February 1759, 11-20

DIE Lunæ, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Gordon against Gordon.

The Answer of John Gordon of Auchanachy, to the Appeal of Alexander Duke of Gordon and others, was brought in.

Bentley and Arksey Common, Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing and dividing the Commons and Waste Grounds, in the Townships of Bentley and Arksey, and Parish of Arksey, in the County of York," 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 Confents, to the Satisfaction of the Committee; and that the Committe had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Loftus Hume against Rochford.

Ordered, That the Petition and Appeal of Nicholas Loftus Hume an Infant, by Nicholas Loftus Esquire, his Father, Guardian, and next Friend, and of the said Nicholas Loftus, which was presented to this House on Tuesday the 19th Day of December last; complaining of an Order made by the Lord Chancellor of Ireland, the 5th of June 1758, awarding a Commission to inquire whether the said Nicholas Loftus Hume was an Idiot, or a Person of unsound Mind; and of another Order, of the 18th of November last, for an Attachment against the said Nicholas Loftus, unless he produce the said Nicholas Loftus Hume in Court; and also of another Order, of the 25th of the same November, dismissing the Petition of the said Nicholas Loftus; praying that the said Order for an Attachment may be set aside, be taken into Consideration on Thursday next; and that the Lords be summoned."

Cooke's Divorce, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of John Cooke Esquire with Susanna Cooper his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

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. Montague and Mr. Lane:

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

Message from H. C. to return Straubenzee's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Philippus Willem Casimir Van Straubenzee Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Persons who have omitted to qualify for Offices, to indemnify, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose."

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 Monday next.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Staunton Enclosure, Bill.

The Earl of Winchilsea reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields and Meadows, and Common Pasture and Waste Grounds, in the Manor and Parish of Staunton, in the County of Nottingham," 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."

Corbet & al. against Crosbis & al.

Upon reading the Petition and Appeal of James Corbet Provost, Ebenezer Hepburn, William Denholm, and William Dodd, Baillies, Robert Wright Dean of Guild, Edward Maxwell Treasurer, Robert Maxwell late Provost, William Clerk and Andrew Wright late Deans, William Bell late Treasurer, Thomas Corbett, James Dickson, George Gordon, John Dickson, and Thomas Crichton, Merchant Counsellors, and Nicholas Dickson Deacon of the Skinners, all of the Borough of Dumfries; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 31st of January last; and of an Interlocutor of the said Lords, of the 8th of February Instant; and praying, "That the same may be reversed or varied; and that this House will grant the Appellants such other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Andrew Crosbie and John Graham late Provosts, William Burnet, William M'Murdo, Gilbert Paterson, and Hugh Lawson, late Baillies, Alexander M Courtie late Treasurer, John Jardine Deacon Conveener of the Trades, William Johnston Deacon of the Smiths, William Howat Deacon of the Shoe-makers, John Paton Deacon of the Weavers, John Walker Deacon of the Taylors, and Thomas Gibson Deacon of the Fleshers, as, or pretending to be, Members of the Town Council of the said Borough of Dumfries, may be required to answer the said Appeal:"

It is Ordered, That the said Andrew Crosbie and the several other Persons last mentioned may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 15th Day of March next; and Service of this Order upon their Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

Bentley and Arksey Commons, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing and dividing the Commons and Waste Grounds, in the Townships of Bentley and Arksey and Parish of Arksey, in the County of York."

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 Mr. Lane and Mr. Waple:

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

Southwark small Debts, Act to extend, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act, passed in the Twenty-second Year of His present Majesty's Reign, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Town and Borough of Southwark, and the several Parishes of Saint Saviour, Saint Mary at Newington, Saint Mary Magdalen Bermondesey, Christ Church, Saint Mary Lambeth, and Saint Mary Rotherbith, in the County of Surrey, and the several Precincts and Liberties of the same; and for extending the Powers and Provisions of the said Act, to such Part of the Eastern Half of the Hundred of Brixton, in the said County, as is not included in the said Act;" to which they desire the Concurrence of this House."

The said Bill was read the First Time.

Jackson against Outrem;

Upon reading the Petition of John Bennet, and Henry Spicer and Ann his Wife, Lessors of Job Outrem Defendant, in a Writ of Error depending in this House, wherein William Jackson is Plaintiff; praying, "In re gard the said Writ of Error was brought merely for Delay; and that the Plaintiff hath not assigned Errors within the Time limited by the Standing Orders of this House for that Purpose, that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non pros. on the said Writ of Error, as desired; 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 Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Message from H. C. to return the Bill for Wilbraham to take the Name of Bootle.

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

To return the Bill, intituled, "An Act for continuing, establishing, and confirming, the Surname and Arms of Bootle unto Richard Wilbraham Bootle Esquire, formerly called Richard Wilbraham, and Mary Wilbraham Bootle his Wife, and their Issue, pursuant to the Will of Sir Thomas Bootle Knight, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Loftus Hume against Rochford:

The Order of the Day being read, for taking into Consideration the Petition and Appeal of Nicholas Loftus Hume an Infant, by Nicholas Loftus Esquire, his Father and Guardian, and of the said Nicholas Loftus; complaining of an Order made by the Lord Chancellor of Ireland, the 5th of June 1758, awarding a Commission, to inquire whether the said Nicholas Loftus Hume was an Idiot, or a Person of unfound Mind; and of another Order of the 18th of November last, for an Attachment against the said Nicholas Loftus, unless he produce the said Nicholas Loftus Hume in Court; and also of another Order of the 25th of the same November, dismissing the Petition of the said Nicholas Loftus; praying, "That the said Order for an Attachment may be set aside:"

No Appeallies to this House against an Order of Chancery awarding a Commission of Idiocy:

The said Petition of Appeal was read by the Clerk.

And Consideration being had thereof:

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That no Appeal to this House lies against an Order, awarding a Commission of Idiocy or Lunacy, by the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal.

The Appeal to be further considered.

Ordered, That, on Monday the 26th Instant, this House will take into Consideration, Whether the said Petition of Appeal be properly brought before this House, as to the other Matters therein contained, or any of them; and that the Appellants and Respondents be then heard, by One Counsel of a Side, to that Point; and that His Majesty's Attorney General may be likewise heard thereupon, if he shall think fit.

Causes removed.

Ordered, That the Cause wherein the Lord Charles Cavendish is Appellant, and Sir James Lowther Respondent, which stands appointed for Monday the 26th Instant, be put off to the Wednesday following; and the Cause for that Day to the Friday following.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris decimum sextum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church, to solemnize this Day; being, by His Majesty's Royal Proclamation, appointed to be observed as a General Fast;

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bishop of St. Asaph, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St. Asaph, for the Sermon by him preached before this House, on Friday last, in the Abbey Church, Westm'r; and he is hereby desired to cause the same to be forthwith printed and published.

His Majesty's Advocate against E. of Home.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and William Earl of Home Respondent, ex Parte; the Respondent not having put in his Answer, though peremptorily ordered so to do:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on the First vacant Day for Causes after those already appointed, unless the Respondent put in his Answer in the mean Time.

Ross to enter into a Recognizance on Corbett's Appeal.

The House being moved, "That George Ross Esquire may be permitted to enter into a Recognizance for James Corbet and others, on account of their Appeal depending in this House; they living in Scotland:"

It is Ordered, That the said George Ross may enter into a Recognizance for the said Appellants, as desired.

Persons who have not qualified for Offices to indemnify Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose."

After some Time, the House was resumed.

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

Mearns & al. against Farquharson & al.

After hearing Counsel in Part, in the Cause wherein Patrick Mearns and Charles Grant are Appellants, and James Farqubarson of Inverauld and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

His Majesty's Advocate against D. Gordon & al.

Ordered, That the Hearing of the Cause wherein His Majesty's Advocate for Scotland is Appellant, and the Duke of Gordon and others are Respondents, which is appointed for To-morrow, be put off till the next Session of Parliament; the same being under Accommodation.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Southwark small Debts, Act to extend, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act, passed in the Twentysecond Year of His present Majesty's Reign, intituled, An Act for the more easy and speedy Recovery of Small Debts, within the Town and Borough of Southwark, and the several Parishes of Saint Saviour, Saint Mary at Newington, Saint Mary Magdalen Bermondesey, Christ Church, Saint Mary Lambeth, and Saint Mary at Rotherhith, in the County of Surrey, and the several Precincts and Liberties of the same; and for extending the Powers and Provisions of the said Act to such Part of the Eastern Half of the Hundred of Brixton in the said County as is not included in the said Act."

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

Staunton Enclosure, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields and Meadows, and Common Pasture and Waste Grounds, in the Manor and Parish of Staunton, in the County of Nottingham."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Persons who have omitted to qualify for Offices, to indemnify, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose."

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 the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

Preston upon Stower, Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Preston upon Stower, in the County of Gloucester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

His Majesty's Advocate against Edwards; Hearing put off till next Session.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein John Edwards is Respondent, which stands for Hearing on Thursday next; praying, "In regard the Matters in Dispute between the Parties are referred to Arbitrators, that the said Hearing may be put off till next Session; the Respondent's Agent having signed the said Petition, as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, as desired.

Dringhoe Common, Leave for a Bill of Enclosure.

Upon reading the Petition of John Sharpe of Staple Inn Gentleman, for and on Behalf of Hugh Bethell Esquire, Lord of the Manor of Dringhoe, in the County of York, and others, having Lands and Right of Common Fields and Commonable Lands in the said Manor; praying Leave to exhibit a Petition to this House, for Leave to bring in a Bill, for dividing and enclosing the said Common Fields and Common Lands; the Petition prepared for that Purpose, through the Mistake or Ignorance of the Agent in the County, not coming to the Hands of the Petitioner, so as to be presented within the Time limited by their Lordships Order for receiving Petitions for Private Bills:

It is Ordered, That the Petitioner be at Liberty to exhibit the said Petition, as desired.

Upon reading the Petition of Hugh Bethell Esquire, Lord of the Manor of Dringhoe, in the County of York, and of Thomas Acklom Gentleman, and Mercy Staveley Widow, Lesses of the Great and Small Tithes in Dringhoe aforesaid, and in Upton and Brough, within the Lordship of Dringhoe aforesaid, and of the Freeholders and other Persons, whose Names are thereunto subscribed, having Lands and Right of Common in and on the Common Fields and Commonable Lands of and in the said Lordship of Dringhoe; praying Leave to bring in a Bill, for dividing and enclosing the said Common Fields and Commonable Lands, according to each Person's Right in the same, and for other Purposes therein mentioned:

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

Pecholier & al.; Leave for a Nat. Bill.

Upon reading the Petition of Thomas Pecholier, Peter Harisson, and Samuel Bernard Graff; praying Leave to bring in a Bill for their Naturalization:

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

Bill read.

Whereupon, the Earl of Marchmont presented a Bill, intituled, "An Act for naturalizing Thomas Pecholier, Peter Harisson, and Samuel Bernard Graff."

And the same was read the First Time.

Mearns et al. against Farquharson & al. Interlocutors affirmed.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Patrick Mearns and Charles Grant, Grandsons and Heirs of Line to the deceased Patrick Farquharson of Inverey, by Emilia and Margaret Farquharsons his Two Daughters; complaining of an Interlocutor of the Lords of Session in Scotland, of the 11th Day of February 1756; and of Part of another Interlocutor of the said Lords, of the 2d of March 1756, adhering thereto; and praying, "That the same might be reversed, altered, or amended; and that this House would give the Appellants such other Relief in the Premises as to their Lordships should seem meet:" As also upon the Answer of James Farquharson of Invereauld, Charles Gordon of Abergeldy, Francis Farqubarson of Finzean, Esquires, Mr. Thomas Burnet of Kirkhill Advocate in Aberdeen, Robert Leith Depute Clerk of the Court of Justiciary, and Francis Farquharson Accomptant in Edinburgh, Trustees for Behoof of Alexander Farqubarson of Auchindrein, and of the said Alexander Farquharson, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.