February 1737, 21-28
DIE Martis, 21o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
2. Epus. Cestriens.
1. Epus. Hereford.
Epus. Sarum.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Derby.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea & Nott.
Comes Burlington.
Comes Abingdon.
Comes Warrington.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Loudoun.
Comes Bute.
Comes Ilay.
Comes Rockingham.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Viscount Fauconberg. |
Ds. Willoughby Br.
Ds. Bruce.
Ds. Carteret.
Ds. Weston.
Ds. Cathcart.
Ds. Hay.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Monson. |
PRAYERS.
(fn. 1) Malt Bill.
The House (according to Order) was in a Committee on (fn. 1) this Bill.
And, being resumed, the Earl of Warwick reported,
"That they had gone through the same, without
any Amendment."
Late E. Anglesey's Will, Bill for exemplifying.
The Lord Bishop of Bristol presented to the House
(pursuant to their Lordships Order Yesterday) a Bill,
intituled, "An Act for exemplifying the last Will of
Arthur late Earl of Anglesey; and for making the same
Evidence in all Courts of Law and Equity in Great
Britain and Ireland."
And the same was read the First Time.
Judges to prepare a Bill for exemplifying Wills, &c.
The House was moved, "That the Order made the
24th of March 1728, for the Judges to prepare and
bring in a Bill, for the Exemplification of Wills, and
making such Exemplification Evidence, might be
read."
And the same being read accordingly:
Ordered, That the Judges do prepare and bring
in a Bill, for the Exemplification of Wills and of Deeds
enroled, and for making such Exemplifications, and
authentic Copies of such Deeds enroled, to be Evidence in all Courts of Law and Equity in Great Britain
and Ireland.
Banks's Petition referred to Judges.
Upon reading the Petition of Joseph Banks Esquire,
of Reavesby Abby, in the County of Lincoln, and Joseph his Son and Heir; praying Leave to bring in a
Bill, for explaining a Power contained in an Act made
in the Ninth Year of His present Majesty, for the Benefit of the Petitioners Children, and making the same
more effectual:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Fortescue and Mr. Justice Chapel; with the usual Directions,
according to the Standing Orders.
Lewis against Sawbridge.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Percival
Lewis Esquire is Appellant, and Jacob Sawbridge and
others are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the 10th
Day of March next.
Watson, to enter into Recognizance for M. Annandale.
The House being moved, "That Hugh Watson, of
The Middle Temple, Gentleman, may be permitted
to enter into a Recognizance for George Marquis of
Annandale, on account of his Appeal depending in
this House; he being beyond Sea:"
It is Ordered, That the said Hugh Watson may
enter into a Recognizance for his Lordship, as desired.
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 31st of December 1736, and 31st of December 1737; together with
an Accompt of the Produce of the Sinking Fund in
that Year; and to the Payment of what Debts, contracted before the 25th 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 & in diem Jovis, vicesimum tertium diem instantis Februarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 23o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Buccleuch.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Comes Derby.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Dunmore.
Comes Bute.
Comes Ilay.
Comes Strafford.
Comes Rockingham.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. North and Guilford.
Ds. Clifton.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Talbot. |
PRAYERS.
King's Answer to the Address for State of the National Debt.
The Earl Fitzwalter acquainted the House, "That
the Lords with White Staves (pursuant to the Order
of Tuesday last) had presented to His Majesty the Address of this House, for a State of the National Debt;
and that His Majesty had given Order, that the same
be laid before this House accordingly."
Malt Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
continuing the Duties upon Malt, Mum, Cyder, and
Perry, in that Part of Great Britain called England;
and for granting to His Majesty certain Duties upon
Malt, Mum, Cyder, and Perry, in that Part of Great
Britain called Scotland, for the Service of the Year
One Thousand Seven Hundred and Thirty-eight."
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. Thomas Bennet and Mr. Edwards:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Mackenzie against M. of Powis.
A Petition of William Marquis of Powis, Respondent
to the Appeal of George Mackenzie Esquire, was presented, and read; setting forth, "That the Decree of
the Court of Exchequer appealed from is but just
passed; whereby the Petitioner has not been able to
settle his Case, or instruct his Counsel, so as to be
prepared for the Hearing To-morrow;" and praying, "That the same may be adjourned to a further
Day."
And thereupon the Agents on both Sides were called
in; and examined upon Oath, at the Bar, in relation to
the Allegations of the said Petition:
And withdrawn:
Ordered, That the Hearing of the said Cause be
put off to Wednesday next.
Late E. of Anglesey's Will, Bill for exemplifying.
Hodie 2a vice lecta est Billa, intituled, "An Act for
exemplifying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all
Courts of Law and Equity in Great Britain and Ireland."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. President.
L. Steward.
L. Chamberlain.
D. Montagu.
D. Ancaster, L. G. C.
D. Newcastle.
D. Portland.
E. Derby.
E. Pembroke.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Abingdon.
E. Warrington.
E. Cholmondeley.
E. Dunmore.
E. Ilay.
E. Strafford.
E. Rockingham.
E. Harborough.
E. Pomfret.
E. Graham.
E. Waldegrave.
E. Fitzwalter.
E. Malton.
Viscount Fauconberg.
Viscount Torrington. |
Ld. Abp. Cant.
L. Bp. Durham.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Bristol.
L. Bp. Bangor. |
Ld. Harrington, Sec.
L. Clifton.
L. Bruce.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Weston.
L. Gower.
L. Cathcart.
L. Masham.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Ducie.
L. Hobart.
L. Monson.
L. Talbot. |
Their Lordships, or any Five of them; to meet
on Wednesday next, at the usual Time and Place;
and to adjourn as they please.
Visc. Molyneux & al. Petition referred to Judges.
Upon reading the Petition of Richard Lord Viscount
Molyneux and Mary Lady Molyneux his Wife, Caryl,
William, Thomas, Mary, Elizabeth; and Anne Molyneux,
Brothers and Sisters of the said Lord Molyneux, Dorothy Molyneux Daughter of the said Lord Molyneux, and
Mary Clifton another Daughter of the said Lord Molyneux, for herself, and on Behalf of Mary, Juliana, Isabella, and Eleonora Clifton, her Daughters by her late
Husband Thomas Clifton Esquire, deceased, who are all
Infants; praying Leave to bring in a Bill, to charge a
competent Part of certain Estates in the Petition mentioned, in the County of Lancaster, for raising Portions
for the Children of Thomas Clifton Esquire, deceased,
by the Petitioner Mary Clifton his Widow; and for other
Purposes in the Petition expressed:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of King's Bench and Mr. Justice
Comyns; with the usual Directions, according to the
Standing Order.
Lefebure against Garret:
Upon reading the Petition of Alexander Garret
Esquire, Defendant in a Writ of Error brought into
this House the last Session of Parliament; praying,
"In regard Nicholas Lefebure, the Plaintiff in the said
Writ, hath not assigned Errors thereon, pursuant to
their Lordships Standing Order, that the same may
be Non pros'd, with Costs:"
Order for a Non pros.
It is Ordered, That the Petitioner 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 in 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.
Wood peremptorily to answer Moor's Appeal.
The House was informed, "That Henry Byam Wood,
One of the Respondents to the Appeal of Robert
Moore Esquire and others, had not put in his Answer
thereunto, though his Clerk in Court had been duly
served with the Order of this House for that Purpose."
And thereupon Mr. Watty Collier being called in;
and attesting upon Oath, "That he duly served the
said Order;"
And withdrawn:
Ordered, That the said Henry Byam Wood do peremptorily put in his Answer to the said Appeal in a
Week.
Murray against Cathcart & al.
Upon reading the Petition and Appeal of Mr. Hugh
Murray, of Kynnynmound, Advocate, accepting Trustee
named in the last Settlement of James Rochead of Innerleith Baronet, deceased, in Behalf of the whole Persons for whose Behoof the said Trust-right is granted,
and of James Dalrymple, Second Son of Sir James Dalrymple of Haills Baronet, and Hugh Somervell of Innerteill, Writer to His Majesty's Signet, Tutor ad Litem
to the said James Dalrymple, an Infant; complaining of
several Interlocutors of the Lords of Session in Scotland,
made the 26th of January 1737/8, and 9th and 14th of
February Instant, on the Behalf of Colonel James Cathcart and Mrs. Elizabeth Rochead; and praying, "That
the same may be reversed, and such other Relief
given the Appellants as to the House shall seem
meet:"
It is Ordered, That the said Colonel James Cathcart and Mrs. Elizabeth Rochead may have a Copy of
the said Appeal; and they are hereby required to put
in their Answer or respective Answers thereunto, in
Writing, on or before Thursday the 23d Day of March
next; and that Service of this Order on their Agents,
Solicitors, or Procurators, in the said Court of Session in
Scotland, be deemed good Service.
Sir H. Dalrymple, to amend Appeal.
Upon reading the Petition of Sir Hew Dalrymple
Baronet; setting forth, "That he is advised to add
Part of the Interlocutor of the Lords of Session, complained of in his Appeal, which was omitted therein; and also to make Mrs. Mary Buchan a Respondent, who was a Party to the Suit before the said
Lords; and likewise to alter some Words in the said
Appeal;" and praying, "That he may amend the
Appeal accordingly:"
It is Ordered, That the Petitioner be at Liberty to
amend his said Appeal, as desired; and that the said
Mrs. Mary Buchan may have a Copy thereof, when
amended; and do put in her Answer thereunto, in
Writing, within Four Weeks from that Time; and that
Service of this Order on her Agent in the said Cause
be good Service.
De Gols & al. against Ward & al.:
After hearing Counsel, on Monday and Tuesday last,
upon the Petition and Appeal of Conrade de Gols Esquire
and John Read Gentleman, Assignees of the Estate and
Effects of John Ward, late of London, Merchant, a
Bankrupt; complaining of a Decree of Dismission of
the Court of Chancery, of the 4th of December 1736,
made in a Cause wherein the Appellants were Complainants, and Philip Jones, Francis Pyle, Elizabeth Rogers, Ralph Ward, Knox Ward and Elizabeth his Wife,
Thomas Nettleton, James Lamborne, and George Wallis,
Defendants; and praying, "That the same may be reversed; and that the Appellants may have such other
Relief as to the great Wisdom of this House shall
seem meet:" As also upon the Answers of the abovenamed Defendants put in to the said Appeal; and due
Consideration had of what was offered on either Side in
this Cause:
And the unanimous Opinion of all the Judges having
been this Day delivered, upon a Point of Law to them
proposed:
Judgement reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Decree of Dismission complained of in the said
Appeal be, and the same is hereby, reversed: And it
is further Ordered, That the said Court of Chancery
do proceed to hear the said Cause, upon the Merits
thereof, according to the Course of that Court.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
primum diem Martii jam prox. sequen. hora undecima
Auroræ, Dominis sic decernentibus.