House of Lords Journal Volume 30: February 1763, 11-20

February 1763, 11-20

DIE Lunæ, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Evelyn Duke of Kingston, Francis Earl of Huntingdon, and Hugh Earl of Marchmont, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having delivered Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Harry Earl of Stamford also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Cliston and Bootham, Yorkshire, Enclosure, Bill.

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

With a Bill, intituled, "An Act for extinguishing the Right of Average in and upon all the ancient Enclosures in the Township of Clifton in the County of York, and at Bootham in the Suburbs of the City of York, and for dividing and enclosing the Common and Moor of Clifton aforesaid;" to which they desire the Concurrence of this House.

Woodford Enclosure, Bill.

A Message was brought from the House of Commons, by the Lord Carysfort and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Waste Grounds, in the Manor and Parish of Woodford, in the County of Northampton;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Grace against Egan & al.:

After hearing Counsel, upon the Petition and Appeal of George Grace of Annameadle in the County of Tipperary in the Kingdom of Ireland Esquire; complaining of an Order of the Court of Chancery in the said Kingdom, of the 22d of June 1761; and praying, "That the same might be reversed; and that Two other Orders of the said Court, of the 17th of December 1760, and 7th of February 1761, might be discharged; or that this House would be pleased to make such other Order for the Appellant's Relief as to their Lordships in their great Wisdom should seem meet:" As also upon the joint and several Answer of Terence Egan, Richard Ford, Richard Kearney, and Catherine Kearney, otherwise Ryan, his Wife, Ann Ryan Spinster, Julia Ann Blossett, and Peter Degnally, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders affirmed, with Costs.

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 therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, unto the Respondents, the Sum of One Hundred Pounds of lawful Money of Great Britain, for their Costs in respect of the said Appeal.

Bland et al. Petition referred to Judges.

Upon reading the Petition of Ann Bland Spinster, William Lowther Clerk, George Tracey, and Robert Sherwood, Gentlemen; praying Leave to bring in a Bill, for establishing, confirming, and carrying into Execution, certain Articles of Agreement therein mentioned, in such Manner as to their Lordships in their great Wisdom shall seem meet:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams and Mr. Baron Gould; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Hill to take the Name of Medlycott, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Ann Barbara Hill Medlycott to take and use the Surname and Arms of Medlycott, pursuant to the Will of Thomas Medlycott 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 this Day Sevennight, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

E. of Sandwich et al. to qualify as Vice Treasurer of Ireland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Earl of Sandwich, Robert Nugent Esquire, and Richard Rigby Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

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

It was Resolved in the Affirmative.

Reessen's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Jacob Reessen."

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. Bonner and Mr. Anguish:

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

Cunison against Marshall.

Upon reading the Petition and Appeal of Archibald Cunison Merchant, late Baillie of Hamilton, and James Cunison Writer in Hamilton; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 24th of November 1762, and the 21st and 25th Days of January 1763; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that David Marshall may be required to answer the said Appeal:"

It is Ordered, That the said David Marshall may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 14th Day of March next; and Service of this Order upon any One of his Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.

Causes removed.

Ordered, That the Hearing of the Cause wherein William Thom and others are Appellants, and David Dalrymple and others are Respondents, which is appointed for Wednesday next, be put off to Monday next; and that the other Causes be removed in Course.

Adjourn.

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