House of Lords Journal Volume 23
April 1729, 1-10

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History of Parliament Trust

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1767-1830

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385-388

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'House of Lords Journal Volume 23: April 1729, 1-10', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 385-388. URL: http://british-history.ac.uk/report.aspx?compid=113943 Date accessed: 30 September 2014.


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April 1728, 1-10

DIE Martis, 1o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Gloucestr.
Epus. Norwie.
Epus. Carliol.
Epus. Menevens.
Epus. Bristol.
Epus. Petriburg.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Comes Berks.
Comes Coventry.
Comes Godolphin.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Orkney.
Comes Ilay.
Comes Bristol.
Comes Macclesfield.
Viscount Say & Seale.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Osborne.
Ds. Carteret.
Ds. Herbert.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Cadogan.
Ds. Monson.
Ds. Malton.

PRAYERS.

Tobacco Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to repeal a Clause in an Act made in the Ninth Year of His late Majesty's Reign, which prohibits the Importation of Tobacco stript from the Stalk or Stem."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

South Sea Trustees to discharge Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to discharge the Trustees appointed by an Act of the Seventh Year of His late Majesty's Reign, for raising Money upon the Estates of the late Directors of the South Sea Company and others, of their Trust; and to vest in the said Company such of the Estates which were vested in the said Trustees, as remain undisposed of, as also the Produce of such Estates and Effects as have been disposed of by the Trustees."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Bindon versus Ryves:

The House being informed, "That Mr. Richard Brereton attended, and desired to deliver in several Pleadings and Proceedings, in the Cause wherein David Bindon Merchant is Appellant, and William Ryves is Respondent:"

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested, upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Smythe & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of James Smythe, Arthur Moore, and William Moore, was referred; praying Leave to bring in a 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 1a vice lecta est Billa, intituled, "An Act to enable James Moore and his Issue Male to take the Surname of Smythe, according to the Will of William Smythe Esquire, deceased; and for vesting in Trustees Two Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to be sold, for the Purposes therein mentioned."

Birch to change his Surname to Wyrley, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Humphrey Wyrley Birch Esquire, and his Heirs and Issue Male, to take and use the Surname of Wyrley, pursuant to the Deed of Settlement made on the Marriage of Peter Birch Doctor in Divinity, with the Daughter of Humphrey Wyrley Esquire, deceased."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Ds. Trevor, C. P. S.
Dux Beaufort.
Dux Montrose.
Comes Berks.
Comes Coventry.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Orkney.
Comes Ilay.
Comes Bristol.
Comes Macclesfield.
Viscount Say & Seale.
Epus. Winton.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Carliol.
Epus. Menevens.
Epus. Bristol.
Epus. Bangor.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Carteret.
Ds. Herbert.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Malton.

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Greenwich Hospital, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual collecting in Great Britain and Ireland, and other Parts of His Majesty's Dominions, the Duties granted for the Support of the Royal Hospital at Greenwich."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Barnet Common to enclose, Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for enclosing Part of a Common called Barnet Common, belonging to the Manor of Chippen Barnet, in the County of Hertford; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Parish of Chippen Barnet, for ever."

And the same, being read by the Clerk, were agreed to by the House.

A Message was sent to the House of Commons, by Mr. Thurston and Mr. Masham:

To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament;" to which they desire the Concurrence of this House.

Radcliffe's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Walter Radcliffe Esquire, in the Counties of Devon and Somerset; and for settling other Lands, of equal Value, in the said County of Devon, to the same Uses," was committed: "That they had considered the said Bill, and gone through the same, 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.

Relief of Debtors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons; and for the more easy Recovery of Debts."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had made some further Progress in the said Bill; and desire another Time may be appointed, to proceed further therein."

Ordered, That the House be put into a Committee, to consider further of the said Bill, on the Second Day of Meeting after the Recess.

Buchan versus Buchan:

Whereas the Second Day of Meeting after the Recess is appointed for hearing the Cause wherein Captain Charles Buchan is Appellant, and Mr. Thomas Buchan is Respondent:

Causes put off.

It is Ordered, That the Hearing thereof be adjourned to the Friday following; and the other Causes removed in Course.

Drummond, to enter into a Recognizance for the Magistrates of Perth.

The House being moved, "That John Drummond Esquire may be permitted to enter into a Recognizance for the Magistrates and Town Council of Perth, for themselves, and in Behalf of the Community of the said Borough, on account of their Appeal depending in this House:"

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

Strode, for the Royal Bank of Scotland.

The like Motion and Order for George Strode Gentleman to enter into a Recognizance for the Governor and Company of the Royal Bank of Scotland, and Andrew Cochran Merchant in Glasgow, on account of their Appeal.

Dalrymple for McDowall.

The like Motion and Order for John Dalrymple Esquire to enter into a Recognizance for Patrick Mc Dowall Esquire, on account of his Appeal; he residing in Ireland.

Campbell, for Magistrates of Dumbarton.

The like Motion and Order for Daniel Campbell Esquire to enter into a Recognizance for George Smallet Provost of the Borough of Dumbarton, and others, on account of their Appeal.

John Campbell for his Father.

The like Motion and Order for John Campbell Esquire to enter into a Recognizance for the Honourable John Campbell Esquire, his Father, on account of his Appeal; he residing in Scotland.

Bribery in Elections to prevent, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament."

Ordered, That the said Bill be read a Second Time To-morrow Fortnight; and the Lords to be summoned.

Adjourn.

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

DIE Mercurii, 2o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Comes Berks.
Comes Warrington.
Comes Rochford.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Bristol.
Viscount Say & Seale.
Viscount St. John.
Viscount Falmouth.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Carteret.
Ds. Guilford.
Ds. Griffin.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Onslow.
Ds. Wilmington.
Ds. Monson.

PRAYERS.

Sparrow & al. versus Shaw.

Upon reading the Petition of William Sparrow and others, Plaintiffs in a Writ of Error depending in this House, to which William Shaw is Defendant; setting forth, "That the Parties are come to several Terms of Agreement, and that their Agents have signed the same;" and praying, "That the said Consent may be made an Order of this House, and the arguing the Errors in this Cause adjourned until the Twentyfifth Instant:"

And the said Agreement being read:

It is Ordered, That the said Petition do lie on the Table.

Radeliffe's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Walter Radcliffe Esquire, in the Counties of Devon and Somerset; and for settling other Lands, of equal Value, in the said County of Devon, to the same Uses."

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. Thurston and Mr. Masham:

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

Moore to take the Surname of Smythe, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable James Moore and his Issue Male to take the Surname of Smythe, according to the Will of William Smythe Esquire, deceased; and for vesting in Trustees Two Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to be sold, for the Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Comes Berks.
Comes Warrington.
Comes Rochford.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Bristol.
Viscount Say & Seale.
Viscount St. John.
Viscount Falmouth.
Epus. London.
Epus. Oxon.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cestriens.
Epus. Bangor.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Carteret.
Ds. Guilford.
Ds. Griffin.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Onslow.
Ds. Wilmington.
Ds. Monson.

Their Lordships, or any Five of them; to meet on Thursday the Seventeenth Day of this Instant April, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Tobacco Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal a Clause in an Act made in the Ninth Year of His late Majesty's Reign, which prohibits the Importation of Tobacco stript from the Stalk or Stem."

And, after some Time spent therein, the House was resumed.

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

Commissioners of the Customs to attend about it.

Ordered, That the said Bill be read the Third Time on Friday Fortnight; and that the Commissioners of the Customs do then attend this House.

South Sea Trustees to discharge, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to discharge the Trustees appointed by an Act of the Seventh Year of His late Majesty's Reign, for raising Money upon the Estates of the late Directors of the South Sea Company and others, of their Trust; and to vest in the said Company such of the Estates which were vested in the said Trustees, as remain undisposed of; as also the Produce of such Estates and Effects as have been disposed of by the Trustees."

And, after some Time spent therein, the House was resumed.

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

Greenwich Hospital, 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 collecting in Great Britain and Ireland, and other Parts of His Majesty's Dominions, the Duties granted for the Support of the Royal Hospital at Greenwich."

And, after some Time spent therein, the House was resumed.

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

Birch, to change his Name to Wyrley, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Humphrey Wyrley Birch Esquire, and his Heirs and Issue Male, to take and use the Surname of Wyrley, pursuant to the Deed of Settlement made on the Marriage of Peter Birch Doctor in Divinity with the Daughter of Humphrey Wyrley Esquire, deceased," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, without any Amendment."

Adjourn.

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