House of Lords Journal Volume 30: February 1764, 11-20

February 1764, 11-20

DIE Lunæ, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Causes put off.

Ordered, That the Cause wherein Willoughby Lightburne and others are Appellants, and Mary Gill and Henrietta Colles are Respondents, which stands for Hearing this Day, be put off to Wednesday next; and that the other Causes on Cause-days be removed in Course.

Elphinston against Hay.

Upon reading the Petition of Charles Elphinston and John Gray Esquires, Appellants in a Cause wherein James Hay is Respondent, which stands for Hearing To-morrow; praying, "In regard the Parties are now under Terms of Accommodation, that the said Hearing may be put off to such Time as their Lordships in their great Wisdom shall think fit; 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 after all the Causes already appointed.

Hackney Poor, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for maintaining, regulating, and employing, the Poor within the Parish of Saint John at Hackney, in the County of Middlesex, and for lighting the said Parish, and establishing a regular Nightly Watch therein."

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

It was Resolved in the Affirmative.

Guilsborough, Coton, &c. Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, Heath Ground, Lanes, and Waste Ground, within Guilsborough, Coton, and Nortost, in the County of Northampton."

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

It was Resolved in the Affirmative.

Dingman and Reinck's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing William Dingman and John Reincke."

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 preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Harris and Mr. Anguish:

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

Peers to take the Name of Symons, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Richard Symons an Infant (lately called Richard Peers), and the Heirs of his Body, to take and use the Surname of Symons, pursuant to the Will of Richard Symons Esquire, deceased."

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

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

Stainton in the Hole, Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Open Common Fields and Grounds in the Manor and Parish of Stainton in the Hole, in the County of Lincoln;" to which they desire the Concurrence of this House.

Exemplification of King's Will, Evidence, Bill.

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

With a Bill, intituled, "An Act for making the Exemplification of the Will of Thomas King Esquire, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

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

A Message was brought from the House of Commons, by Sir Jarrit Smith and others:

To return the Bill, intituled, "An Act for naturalizing John Marteilbe of London Merchant;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Helgay, Fen Landstodrain, Bill.

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

With a Bill, intituled, "An Act for draining certain Fen Lands and Wet Grounds, in the Parish of Helgay, in the County of Norfolk;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Late Earl of Barrymore's Estate to vest in Trustees, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Lands and Hereditaments in Great Britain and Ireland, Part of the Estate of James Earl of Barrymore, in Trustees, for raising Money towards paying and discharging the Debts and Encumbrances affecting his Real Estates."

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 28th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Nonnen's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Egbert Nonnen."

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

Vicar of Rochdale, Bill.

After reading, and considering, the Report of the Judges to whom was referred the Consideration of the Bill, intituled, "An Act to enable the Vicar of the Parish of Rochdale, in the County of Lancaster, to grant a Lease or Leases of the Glebe Lands belonging to the said Vicarage:"

Ordered, That the said Bill may be read a Second Time.

The said Bill was accordingly read a Second Time.

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 28th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Causes put off.

Ordered, That the Cause wherein Willoughby Lightburne and others are Appellants, and Mary Gill and Henrietta Colles are Respondents, which stands for Hearing this Day, be put off till Monday next; and that the other Causes on Cause-days be removed in Course.

Peers to take the Name of Symons, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Richard Symons an Infant (lately called Richard Peers), and the Heirs of his Body, to take and use the Surname of Symons, pursuant to the Will of Richard Symons Esquire, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Brett, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Brett Esquire and Elizabeth his Wife; 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 divers Messuages and Hereditaments, in the City of London, the settled Estate of Elizabeth Brett, Wife of Charles Brett Esquire, in the said Charles Brett and his Heirs, discharged from the Uses of his Marriage Settlement; and for settling another Estate, in the County of Middlesex, of greater Value, in Lieu thereof, to the Uses limited of the said settled Estate."

Bulwer & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Wiggett Bulwer Esquire 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 discharging the Uses and Trusts of certain Manors, Lands, and Hereditaments, in the County of Norfolk, settled upon, and for the Benefit of, William Wiggett Bulwer and Mary his Wife, and their Issue; and for substituting and settling other Estates and Hereditaments, in the same County, of greater Value, in Lieu thereof, to the like Uses."

Staintion in the Hole, Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open Common Fields and Grounds, in the Manor and Parish of Stainton in the Hole, in the County of Lincoln."

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

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

Helgay, Fen Lands to drain, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for draining certain Fen Lands and Wet Grounds, in the Parish of Helgay, in the County of Norfolk."

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 the same Day, at the same Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sie decernentibus.

DIE Veneris, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Boyle takes his Seat,

This Day Edmund Lord Boyle sat first in Parliament, after the Death of his Brother Hamilton Lord Boyle; his Lordship having first, at the Table; taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ld. Spencer, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Lord Viscount Spencer; 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 to empower the Right Honourable John Lord Viscount Spencer to make Leases of the Manor of Battersea and Wandsworth, and of Lands and Grounds in Battersea and Wandsworth, in the County of Surrey, purchased in Pursuance of the Will of the most Noble Sarah late Dutchess Dowager of Marlborough, in order for building upon and improving the same."

Tregenna's Estate, for Sale of; Hearle & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Hearle Clerk 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 Sale of the Freehold and Leasehold Estates of John Tregenna Clerk, deceased, in the County of Corn wall, given and devised by his Will in Trust for his Children; and for paying and applying the Money to arise by such Sales in Manner therein mentioned."

Respondent peremptorily to answer Lady Forbes's Appeal.

The House was informed, "That James Lord Forbes, Respondent to the Appeal of Dorothea Lady Dowager of Forbes and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Thomas Blackhall, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Rectory of Bury in Lancashire, Bill.

After reading, and considering, the Report of the Judges to whom was referred the Consideration of the Bill, intituled, "An Act to enable the Rector of the Parish and Parish Church of Bury, in the County of Lancaster, for the Time being, to grant Leases of the Glebe belonging to the said Rectory:"

Ordered, That the said Bill may be read a Second Time.

The said Bill was accordingly read a Second Time.

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 5th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Peers to take the Name of Symons, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Richard Symons an Infant (lately called Richard Peers), and the Heirs of his Body, to take and use the Surname of Symons, pursuant to the Will of Richard Symons, Esquire, deceased."

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. Anguish and Mr. Graves:

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

Bulwer's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging the Uses and Trusts of certain Manors, Lands, and Hereditaments, in the County of Norfolk, settled upon, and for the Benefit of, William Wiggett Bulwer and Mary his Wife, and their Issue; and for substituting and settling other Estates and Hereditaments, in the same County, of greater Value, in Lieu thereof, to the like 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 the same Day, at the same Place; and to adjourn as they please.

Lords to be summoned.

Ordered, That all the Lords be summoned to attend the House on Tuesday next.

Nonnen's Nat. Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing Egbert Nonnen," is committed, be revived; and meet on Monday next.

Nedham's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for carrying into Execution an Agreement between the Governors and Guardians of the Hospital for the Maintenance and Education of Exposed and Deserted Young Children and Robert Nedham Esquire deceased, relating to an Estate in the Island of Jamaica, devised by the Will of Henry Nedham Esquire, deceased," is committed, be revived; and meet on Thursday next.

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 11th of January 1763, and the 11th of January 1764; with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th Day of December 1716, the said Fund hath been applied."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

All Souls College, Bill.

The Earl of Suffolk reported from the Lords Committees to whom the Bill, intituled, "An Act for annexing the Rectory of East Lockinge, in the County of Berks, to the Office of Warden of the College of The Souls of All faithful People deceased, of Oxford," 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.

Tallow, &c. from Ireland, Importation, Bill.

A Message was brought from the House of Commons, by Sir Jarrit Smith and others:

With a Bill, intituled, "An Act to continue for a limited Time the free Importation of Tallow, Hogs Lard, and Grease, from Ireland;" to which they desire the Concurrence of this House.

Charles Leave to appeal:

An Appeal of Charles Vipont Charles Esquire, was offered to the House, from an Order of the Court of Exchequer in Ireland, pronounced the 5th of December 1763; but which, as alleged, was not made up and entered till the 18th of January last.

And thereupon Thomas Smith was called in, and examined upon Oath as to the Time of making up and entering the said Order.

And being withdrawn:

Ordered, That the said Appeal be received.

Charles against Rowley.

Upon reading the Petition and Appeal of Charles Vipont Charles of the City of Dublin Esquire; complaining of an Order of the Court of Exchequer in Ireland, pronounced the 5th of December 1763, but which was not entered till the 18th of January last; and praying, "That the same may be reversed or altered; and that Hercules Langford Rowley may be required to answer the said Appeal:"

It is Ordered, That the said Hercules Langford Rowley may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 26th Day of March next; and Service of this Order upon the Attorney or Solicitor of the said Hercules Langford Rowley in the said Court of Exchequer shall be deemed good Service.

Lightburne & al. against Gill and Colles.

After hearing Counsel, upon the amended Petition and Appeal of Willoughby Lightburne, George Barker and Deborah his Wife, Harcourt Lightburne, John Lightburne, Joseph Chambers and Mary his Wife, and Hannah Lightburne Spinster; complaining of a Decretal Order of the Court of Chancery in Ireland, of the 26th of February 1761; and of an Order of the same Court, of the 10th of July 1761; and praying, "That the same might be reversed and set aside; and that this House would make such further Order for the Appellants Relief in the Premises as the Nature and Circumstances of the Case might require:" As also upon the Answer of Mary Gill Widow, and Henrietta Colles Widow, 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 Orders of the said Court of Chancery in Ireland, therein complained of, be, and the same are hereby, affirmed.

Nehou de Berville, Leave for a Nat. Bill:

Upon reading the Petition of James Nehou de Berville; praying, "That Leave may be given to bring in a Bill for his Naturalization:"

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

Bill read.

Accordingly, the Earl of Marchmont presented to the House a Bill, intituled, "An Act for naturalizing James Nehou de Berville."

The said Bill was read the First Time.

Tregenna's Estate, Sale of, Hearle & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Freehold and Leasehold Estates of John Tregenna Clerk, deceased, in the County of Cornwall, given and devised by his Will in Trust for his Children; and for paying and applying the Money to arise by such Sales in Manner therein mentioned."

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 6th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Tallow, &c. from Ireland, Importation, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to continue for a limited Time the free Importation of Tallow, Hogs Lard, and Grease, from Ireland."

Adjourn.

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