House of Lords Journal Volume 24
April 1735, 21-30

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History of Parliament Trust

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Year published

1767-1830

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524-537

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'House of Lords Journal Volume 24: April 1735, 21-30', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 524-537. URL: http://british-history.ac.uk/report.aspx?compid=114035 Date accessed: 18 April 2014. Add to my bookshelf


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April 1735, 21-30

DIE Lunæ, 21o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Eliens.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
Comes Pembroke.
Comes Suffolk.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Mortoun.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Tankerville.
Comes Aylesford.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Graham.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Malton.
Viscount Say & Seale.
Viscount Cobham.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Cantillon's Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and had heard Counsel upon the Petition of Thomas Cantillon Esquire, to them referred; as also Counsel for the Bill; and had gone through the same, without any Amendment."

Ordered, That the said Bill be engrossed.

Persons neglecting to take the Oaths, Time prolonged, Bill.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a 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;" to which they desire the Concurrence of this House.

Late Earl of Seafort to sue, though attained, Bill.

A Message was brought from the House of Commons, by Mr. Forbes His Majesty's Advocate for Scotland and others:

With a Bill, intituled, "An Act to enable William Mackenzie late Earl of Seafort to sue or mainiain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him;" to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Appleton's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing a Partition of the Estate of Henry Appleton Esquire, made pursuant to a Decree of the Court of Chancery," 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; and that the Committee had gone through the Bill, 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.

Sir C. Gilnour's Bill.

The Earl of Findlater made the like Report from the Committee to whom the Bill, intituled, "An Act to enable Sir Charles Gilmour Baronet to sell Part of the Lands and Baronies of Craigmillar and Nether (fn. 1) Liberton, for Payment of Debts with which the said Estate stands charged and encumbered," was committed.

And the Amendments thereunto being read, and agreed to; the said Bill therewith was ordered to be engrossed.

Crawfurd against V. Garnock: Hearing put off.

Ordered, That the Cause wherein John Crawfurd Esquire and others are Appellants, and Patrick Lord Viscount Garnock and his Creditors Respondents, appointed to be heard this Day, be put off to Wednesday next; and the other Causes on Cause-days removed in Course.

Sinking Fund, Bill.

Ordered, That the Bill, intituled, "An Act for enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-five," which was appointed to be read the Third Time Tomorrow, be read the Third Time on Thursday next; and the Lords to be summoned.

Salt Duties, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Four Years; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

After some Time, the House was resumed.

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

Ordered, That the said Bill be read the Third Time on Thursday next; and the Lords to be summoned.

Sheffield Church, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for making the new-erected Church in the Town of Sheffield, in the County of York, a Parish Church within its own Walls; and for settling the perpetual Advowson of the said Church;" and for hearing Counsel, as well for as against the same:

The Counsel were accordingly called in.

And the Bill was read a Second Time.

Then, the Petition of Mary Jessop Widow and others:

As also, the Petition of John Dossie Clerk, Vicar of the Parish of Sheffield, desiring to be heard, by their Counsel, against the said Bill;

Were read.

And the Counsel for the said Petitioners were heard.

And Part of a Bill, exhibited by Robert Downes and his Nephew, in the Court of Chancery; alleging, "That an Agreement had been made, for the said Robert to have the Nomination of a Curate to the said Chapel," and desiring the same might be established, was read.

As was likewise Part of the Answer of William Jessop and the said John Dossie, denying any such Agreement.

Then Doctor Strahan was heard, for the Bill.

And it being admitted, "That the Church of Sheffield was not capable of holding near the Inhabitants of that Town:"

William Parkin was produced, sworn, and examined as to the Number of Inhabitants there, when the new Church or Chapel was begun to be built, and how sar finished.

And a License granted by the late Archbishop of York, to erect the said Church or Chapel, dated the 2d of October 1719, was read.

As was also, a Letter from the same Archbishop to the said Robert Downes, dated the 31st of January 1718; expressing his Grace's Willingness that the said Downes and his Heirs should nominate a Minister.

And likewise, a Subscription Roll of the Money for building the said Church or Chapel; reciting, "That the said Downes was to nominate a Minister."

Which done;

Mr. George Steers was produced, sworn, and examined, as to the Soil on which the said Church or Chapel is built, by whom bought, and whether any and what Conveyance has been made thereof, what he gave towards the said Building, and what induced him so to do; also what the said Downes gave towards erecting the Pews; and how much more Money than already subscribed will be necessary to be laid out to finish the said Church or Chapel.

And John Downes was also examined, upon Oath, as to any Application, and what, had been made to the Vicar of the old Church, with respect to the Nomination of a Minister.

Then Mr. Strange was heard likewise for the Bill; and submitted it to the House, "That the Allowance proposed to be made to the Vicar might be augmented; and that the new erected Building might be called, A Chapel of Ease."

After which; Mr. Pauncefort, One of the Counsel for the Petitoners, was heard, by Way of Reply.

And the Counsel were directed to withdraw.

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

Ld. President.
D. Richmond.
D. Beaufort.
D. Buccleugh.
D. Athol.
D. Ancaster, L G. C.
D. Manchester.
E. Pembroke.
E. Leicester.
E. Northampton.
E. Warwick.
E. Shastesbury.
E. Litchfield.
E. Scarbrough.
E. Findlater.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Fitzwalter.
E. Malton.
V. Say & Seale.
V. Cobham.
L. Bp. London.
L. B. Lincoln.
L. B. Rochester.
L. B. Sarum.
L. B. Glocester.
L. B. Bristol.
Ld. Delawarr.
L. Willoughby Par.
L. Hunsdon.
L. Lovelace.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Haversham.
L. Montjoy.
L. Bathurst.
L. Onslow.
L. Lovell.
L. Hardwicke.

Their Lordships, or any Five of them; to meet at the usual Time and Place, To-morrow Sevennight; and to adjourn as they please.

Nightly Watch in St. James's Bill.

Ordered, That all the Lords which have been this Day present, and are not of the Committee on the Bill for regulating the Nightly Watch in the Parishes of St. James and St. George Hanover Square, be added to the said Committee.

Adjourn.

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

DIE Martis, 22o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Rutland.
2. Dux Buccleugh.
1. Dux Montagu.
Dux Athol.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Berkshire.
Comes Thanet.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Bakcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Lymington.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

D. of Gordon against Duff.

The Answer of William Duff of Braco Esquire, to the Appeal of Cosmo George Duke of Gordon, was brought in.

L. Polwarth's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Hugh Hume Campbell, commonly called Lord Polwarth, and others, to sell Lands in Essex, settled by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands, of like Value, to be settled to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee have made some Amendments to the Bill, by filling up the Blanks with the Time for the Commencement thereof, and the Names of the Trustees in whose Hands the Purchase-money is to be lodged: But their Lordships, finding that there is not any Estate contracted for, or purchased, in Lieu of that intended to be sold, as is required to be done by the Standing Order of this House, have directed a Special Report to be made to your Lordships, of the Reasons which appeared to the Committee, why, in regard to the particular Circumstances of this Case, they conceive it reasonable the said Bill should pass, though the said Standing Order cannot be duly complied with:

"For that it appeared to the Committee, That Michael Newnham, being employed by the Lord Polwarth, had made an Agreement for the Sale of the Estate in Essex, settled by the Marriage Articles in the Bill mentioned, which is of the Yearly Value of Two Hundred Pounds, or thereabouts, and lies in an unwholesome Fenny Country; and also that the said Newnham, by the Direction of the said Lord Polwarth, had entered into a Treaty for the Purchase of an Estate in the County of Hertford, of One Thousand Six Hundred Pounds greater Value than the said Estate in Essex so agreed to be sold, to be settled in Lieu thereof; but that such Agreement cannot be perfected till the Person from whom the Purchase is to be made comes of Age, which will be in about Nine Months; and, in the mean Time, until such Purchase can be compleated, the Money arising by Sale of the Estate in Essex is to be vested in David Mitchell Esquire, the surviving Trustee named in the said Marriage Articles, and Thomas Mostyn Esquire, (who are the Trustees named in the Bill), to be by them placed out, on Government or Real Securities, at Interest: And the said Trustees appeared in Person before the Committee; and accepted the Trust, under their Hands."

Which Report being read by the Clerk:

It was moved, "That the Standing Order of this House be dispensed with, in this Case."

Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to be summoned; and that the further Consideration of the said Report be adjourned till that Time.

Nightly Watch in St. James's Bill.

The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Two Parishes of St. James and St. George Hanover Square, within the Liberties of the City of Westminster," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and made One Amendment thereunto; (videlicet,)

"Press 3. Line 18. After ["One Thousand Seven Hundred and Thirty-five"], leave out ["and so Yearly and every Year"]."

Which Amendment, being read Twice by the Clerk, was agreed to by the House.

Cantillon's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Sir C. Gilmour's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Sir Charles Gilmour Baronet to sell Part of the Lands of Craigmillar and Nether Libberton, for Payment of Debts, with which the said Estate stands charged and encumbered."

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Appleton's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing a Partition of the Estate of Henry Appleton Esquire, deceased, made pursuant to a Decree of the Court of Chancery."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Three preceding Bills.

And Messages were ordered to be sent to the House of Commons, by Mr. Spicer and Mr. Edwards:

To carry down the said Bills, and desire their Concurrence to them.

Morgan to enter into a Recognizance for Edgeworth.

The House being moved, "That John Morgan, of The Middle Temple, London, Esquire, may be permitted to enter into a Recognizance for Edward Edgworth Esquire, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said John Morgan may be permitted to enter into a Recognizance for the Appellant, as desired.

Knapp & Ux. against Brown:

The House was informed, "That the Matters in Difference were accommodated, in the Cause upon an Appeal, wherein Warner Knapp and Jane his Wife, One of the Daughters of Patience Murphy, of the City of Cork, in the Kingdom of Ireland, Widow, and One of the Sisters and Coheirs of Samuel Murphy Gentleman, deceased, who was only Son and Heir of the said Patience Murphy, are Appellants, and William Brown the Elder and William Brown his Son, an Infant, Brother and Heir at Law of Hugh Brown an Infant, deceased, and also Heir at Law of Mary Brown his Mother, deceased, by his Guardian and Father the said William Brown the Elder, Thomas Pembrock and Sarah his Wife, Respondents; which Appeal complained of several Orders, Decrees, and Proceedings, in the Court of Chancery in Ireland, made in a Cause wherein William Brown Merchant and Mary his Wife, another of the Daughters of the said Patience Murphy, were Plaintiffs, and Samuel Murphy, Warner Knapp and Jane his Wife, and Thomas Pembrock and Sarah his Wife, Defendants; which Cause, upon the Death of the said Mary, was revived by William Brown the Father, and Hugh Brown Son of the said Mary; and that the said Appellants were willing their said Appeal should be dismissed; and the said Orders, Decrees, and Proceedings, of the Court of Chancery in Ireland, therein complained of, should be affirmed."

Whereupon the Agents on both Sides were called in.

And Mr. Dixon, the Appellant's Agent, at the Bar, consenting to such Dismission and Affirmance as abovementioned:

They were directed to withdraw.

And being withdrawn:

Appeal difimissed.

It is Ordered, That the said Petition and Appeal be, and is hereby, dismissed this House; and the Orders, Decrees, and Proceedings, therein complained of, be, and the same are hereby, affirmed, as desired.

Lowther against Raw & al.

Ordered, That the Cause wherein Robert Lowther Esquire is Appellant, and Michael Raw and others are Respondents, which was appointed to be heard To-day, be put off till To-morrow; and the Causes on Causedays removed in Course.

Laws against pulling down Turnpikes, &c. more effectual, Bill.

Ordered, That on Thursday next this House shall be put into a Committee upon the Bill for rendering the Laws more effectual against the pulling down of Turnpikes.

Persons who have neglected to take the Oaths, Time enlarged, Bill.

Hodie 2a 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, on Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum tertium diem instantis Aprilis hora undecima Auroræ, Dominis fic decernentibus.

DIE Mercurii, 23o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Leeds.
Dux Bedford.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Kerr.
Comes Fitzwalter.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Hardwicke.

PRAYERS.

Engraver's Bill.

The Earl of Warwick reported from the Committee to whom the Bill, intituled, "An Act for the Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers, during the Time therein mentioned," 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."

Charitable Corporation Tickets, Bill.

The Earl of Warwick made the like Report from the Committee to whom the Bill, intituled, "An Act for prolonging the Time for claiming the fortunate Tickets in the Charitable Corporation Lottery; and for making Provision for Tickets in the said Lottery, lost, burnt, or otherwise destroyed," was committed.

Nightly Watch in St. James's, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Two Parishes of St. James and St. George, Hanover Square, within the Liberties of the City of Westminster."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons, by Mr. Lightbourn and Mr. John Bennet;

To acquaint them, that the Lords have agreed to the said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.

Message from thence, with Bills; and to return Forester's Bill.

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

To return the Bill, intituled, "An Act for vesting the Estates of William Forester Esquire and Brook Forester his Son and Heir Apparent, in the County of Salop, in Trustees, to settle the same, pursuant to an Agreement previous to the Marriage of the said Brook Forester with Elizabeth his Wife, only Daughter of George Weld Esquire, notwithstanding the Minority of the said Brook Forcester;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

With a Bill, intituled, "An Act for the Amendment of the Law relating to Actions on the Statute of Hue and Cry;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Francis Child and others:

With a Bill, intituled, "An Act for rebuilding the Parish Church of St. Leonard, Shoreditch, in the County of Middlesex;" to which they desire the Concurrence of this House.

L. Polwarth's Bill.

The House (according to Order) proceeded to take into Consideration the Motion made Yesterday, for dispensing with the Standing Order in relation to Bills for selling Lands in One Place, and buying Lands in another; as also to take into further Consideration the Report then made from the Committee to whom the Bill, intituled, "An Act to enable Hugh Hume Campbell, commonly called Lord Polwarth, and others, to sell Lands in Essex, settled by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses," was committed.

And the special Reasons reported by the said Committee being read;

As likewise the Amendments made by their Lordships to the said Bill:

The same were agreed to.

Ordered, That the said Standing Order be dispensed with, in this Case; and that the said Bill, with the Amendments, be engrossed.

Lowther against Raw & al.

After hearing Counsel, in Part, in the Cause wherein Robert Lowther Esquire is Appellant, and Michael Raw and others are Respondents:

It is Ordered, That the further hearing of the said Cause be adjourned till To morrow, at Twelve a Clock.

Sinking Fund and Salt Bills put off.

Ordered, That the Bill for applying the Sum of One Million out of the Sinking Fund, and the Bill for continuing the Duties upon Salt, which were appointed to be read the Third Time To-morrow, be both read the Third Time on Friday next; and the Lords to be summoned; and the Causes on Cause-days removed in Course.

Skerret against Nisbet & al.

Ordered, That the Cause wherein Humphrey Skerrit is Appellant, and Mathew Nesbit and others are Respondents, which was appointed to be heard To-morrow, be put off to Saturday next.

Adjourn.

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

DIE Jovis, 24o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Oxon.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Cardigan.
Comes Scarbrough.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Cowper.
Comes Harborough.
Comes Mucclesfield.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Ashburnham.
Comes Malton.
Viscount Say & Seale.
Viscount Tadcaster.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Hardwicke.

PRAYERS.

Lowther against Raw & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Robert Lowther Esquire; complaining of an Order of Dismission of the Court of Chancery, of the 17th Day of June 1734, made in a Cause wherein the Appellant was Plaintiff, and Michael Raw, John Wilson, Robert Hornby, Henry Solkeld, William Whinfield, John Robinson, Henry Fothergill, Edward Branthwaite, John Jackson, John Milner, Robert Atkinson, William Wharton, George Wilson, William Winter, Thomas Wharton, George Bellass, and John Hudson, were Defendants; and praying, "That the said Order may be reversed, and such Relief granted to the Appellant as to the House shall seem meet:" As also upon the Answer of the said Defendants 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 Order of the Court of Chancery, complained of in the said Appeal, be, and the same is hereby, reversed: And it is hereby Declared, That the Appellant became entitled to a general Fine upon the Death of the late Duke of Wharton; and that the Respondents ought to pay the same, in respect of their Customary Tenements held by them, according to the Rates specified in the several Indentures in the Pleadings mentioned, bearing Date in the Months of August and September in the Year of our Lord 1613, made between Philip Lord Wharton and his Son Sir Thomas Wharton, and several of the Tenants of the Customary Estates held of the respective Manors, in the Pleadings also mentioned: And it is hereby further Ordered, That it be referred to a Master of the said Court, to inquire whether the said Fines payable by the Respondents have been rightly assessed, and to state the same; and if they an Accompt what the same amount unto, according to the said Indentures; and the same are to be paid by the Respondents to the Appellant; and that the Agreement in Writing, entered into by the Respondents, for defending this Suit, mentioned in the Answer of the Respondents to the Appellant's Bill, be produced before and left with the said Master, to be made Use of and disposed of as the Court of Chancery shall direct: And further, that the said Court do give proper Directions in Pursuance of this Order.

Hue and Cry, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Amendment of the Law relating to Actions on the Statute of Hue and Cry."

Shoreditch Church, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of St. Leonard, Shoreditch, in the County of Middlesex."

L. P. Iwarth's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Hugh Hume Campbell, commonly called Lord Polwarth, and others, to sell Lands in Essex, settled by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands, of like Value, to be settled 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. Thomas Bennet and Mr. Burroughs:

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

The Orders of the Day being read:

Laws against pulling down Turnpikes, &c. more effectual, Bill.

Ordered, That the House be put into a Committee upon the Bill for rendering the Laws more effectual to prevent the pulling down of Turnpikes, To-morrow.

Persons who have neglected to take the Oaths Time prolonged, Bill.

Ordered, That the House be put into a Committee upon the Bill to indemnify Persons who have omitted to qualify themselves for Offices or Employments within the Time limited, To-morrow.

Charitable Corporation Tickets, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for prolonging the Time for claiming the fortunate Tickets in the Charitable Corporation Lottery; and for making Provision for Tickets in the said Lottery, lost, burnt, or otherwise destroyed."

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

It was Resolved in the Affirmative.

Engravers Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers, during the Time therein mentioned."

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.

And Message were severally ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in Diem Veneris, vicesimum quintum diem instantis Aprilis hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 25o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Cicestrien.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Bedford.
Dux Rutland.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Malton.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Messages from H. C. with Bills; and to return the one for a Nightly Watch in St. James's, &c. Bill.

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

To return the Bill, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Two Parishes of St. James and St. George, HanoverSquare, within the Liberties of the City of Westminster;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Continuing Laws, Bill.

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

With a Bill, intituled, "An Act to continue several Laws therein mentioned, for the better Regulation and Government of Seamen in the Merchants Service; for the regulating of Pilots of Dover, Deal, and the Ise of Thanet; for preventing Frauds in the Customs, and to prevent the clandesline Running of Goods; and for making Copper Ore, of the British Plantations, an enumerated Commodity;" to which they desire the Concurrence of this House.

To carry Rice from Carolina and Georgia, Bill.

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

With a Bill, intituled, "An Act to continue an Act passed in the Third Year of His present Majesty's Reign, intituled, "An Act for granting Liberty to carry Rice, from His Majesty's Province of Carolina in America, directly to any Part of Europe Southward of Cape Finisterre, in Ships built in and belonging to Great Britain, and navigated according to Law;" and to extend that Liberty to His Majesty's Province of Georgia in America;" to which they desire the Concurrence of this House.

Sail Cloth and Silk Manufactures, Bill:

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

With a Bill, intituled, "An Act to continue some Laws therein mentioned, relating to the Encouragement of the making of Sail Cloth in Great Britain; and for Encouragement of the Silk Manufactures of this Kingdom;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Soldiers at Elections quartering, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for regulating the Quartering of Soldiers during the Time of the Elections of Members to serve in Parliament."

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. Allen and Mr. Edwards:

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

Late E Seafort's Bill.

The House being moved, "That the Bill, intituled, "An Act to enable William Mackenzie late Earl of Scafort to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him," may be now read a Second Time:"

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of this Bill, was graciously pleased (so far as the Interest of the Crown was concerned) to consent that their Lordships might do therein as they should think fit."

The said Bill was accordingly read a Second Time.

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

D. Richmond.
D. Beaufort.
D. Bedford.
D. Buccleuch.
D. Atholl.
M. Lothian.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Litchfield.
E. Craufurd.
E. Morton.
E. Loudoun.
E. Findlater.
E. Selkirk.
E. Balcarris.
E. Dunmore.
E. Orkney.
E. Ilay.
E. Strafford.
V. Lymington.
L. Bp. London.
L. B. Oxon.
L. B. Rochester.
L. B. Glocester.
L. B. Bristol.
Ld. Delawarr.
L. Willoughby Par.
L. Hunsdon.
L. Lovelace.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Montjoy.
L. Bathurst.
L. Onslow.
L. Hardwicke.

Their Lordships, or any Five of them; to meet at the usual Time and Place; on Monday next; and to adjourn as they please.

Mathew's Nat. Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Stephen Mathew," was committed: "That they had examined the Allegations of the said Bill, and found the same to be true; and had considered the Petition of Elizabeth Bouchet and Arnold Rosenhagen, to be added to the said Bill; and had 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.

Mackgill, claiming the Title of Visc. Oxfurd, Report that he has no Right to the Title.

The Earl of Craufurd reported from the Lords Committees for Privileges, to whom was referred the Petition of James Makgill Viscount of Oxfurd to His Majesty, and by His Majesty referred to this House; praying, "That His Majesty will be graciously pleased to give such Directions as He shall think proper, for declaring and establishing the Petitioner's Right and Title to the Honour and Dignity of Viscount of Oxfurd and Lord Makgill of Cousland:" "That the Committee had considered of the said Petition; and heard Counsel, and examined Witnesses, on the Part of the Petitioner; and read Grants, Surrenders, Patents, Charters, Inquisitions, Retours, and Marriage Articles; and likewise heard Counsel for Robert Son and Heir of Christian Daughter of Robert late Viscount of Oxfurd, as also Counsel on Behalf of the Crown; and are of Opinion, that the Petitioner has not made out any Right to the Honours and Titles of Viscount of Oxfurd and Lord Makgill of Cousland."

Which Report, being read by the Clerk, was agreed to by the House.

Ordered, That the same be laid before His Majesty, by the Lords with White Staves.

Ordered, That the Earl of Strafford be added to the Committee to whom the Bill relating to the new Church in Sheffield stands referred.

Silt Duties, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Four Years; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

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

It was Resolved in the Affirmative.

Sinking Fund, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirtyfive."

After Debate;

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

It was Resolved in the Affirmative.

Message to H. C. that the Lord, have agreed to the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Laws against pulling down Turnpikes, &c. more effectual, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for rendering the Laws more effectual for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected by Act of Parliament for making Rivers navigable; and for other Purposes therein mentioned."

After some Time, the House was resumed.

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

Persons who have omitted to take the Oaths, Time enlarged, Bill.

The like Proceeding was had upon 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."

And the like Report made.

Shoreditch Church, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of St. Leonard, Shoreditch, in the County of Middlesex."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore named:

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday next; and to adjourn as they please.

Hue and Cry Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Amendment of the Law relating to Actions on the Statute of Hue and Cry."

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

Adjourn.

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

DIE Sabbati, 26o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Hereford.
Epus. Sarum.
Epus. Glocestriens.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Comes Northampton.
Comes Scarbrough.
Comes Strafford.
Comes Cowper.
Comes Fitzwalter.
Ds. Willoughby Par.
Ds. Bathurst.

PRAYERS.

State of the National Debt delivered.

The House was informed, "That Mr. Chocke, from the Exchequer, attended."

He was called in; and delivered, at the Bar, pursuant to their Lordships Address of the 17th Instant,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1733, and 31st of December 1734; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before 25th December 1716, the said Fund hath been applied."

And then he withdrew.

And the Title of the said State was read.

Rice from Carolina and Georgia, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue an Act passed in the 3d Year of His present Majesty's Reign, intituled, "An Act for granting Liberty to carry Rice, from His Majesty's Province of Carolina in America, directly to any Part of Europe Southward of Cape Finisterre, in Ships built in and belonging to Great Britain, and navigated according to Law;" and to extend that Liberty to his Majesty's Province of Georgia in America."

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

L. President.
D. Bedford.
D. Ancaster, L. G. C.
E. Northampton.
E. Scarbrough.
E. Strafford.
E. Cowper.
E. Fitzwalter.
L. Bp. Winton.
L. Bp. Hereford.
L. Bp. Sarum.
L. Bp. Bristol.
L. Willoughby Par.
L. Bathurst.

Their Lordships, or any Five of them; to meet on Monday next, at the usual Time and Place; and to adjourn as they please.

Continuing Laws, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue several Laws therein mentioned, for the better Regulation and Government of Seamen in the Merchants Service; for the regulating of Pilots of Dover, Deal, and the Isle of Thanet; for preventing Frauds in the Customs, and to prevent the clandestine Running of Goods; and for making Copper Ore, of the British Plantations, an enumerated Commodity."

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

Their Lordships, or any Five of them; to meet at the same Place, on the same Day; and to adjourn as they please.

Sail Cloth, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue some Laws therein mentioned, relating to the Encouragement of the making of Sail Cloth in Great Britain; and for Encouragement of the Silk Manufactures of this Kingdom."

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

Their Lordships, or any Five of them; to meet at the same Place, on the same Day; and to adjourn as they please.

Persons who have omitted to take the Oaths, Time enlarged, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices or 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 it.

A Message was sent to the House of Commons, by Mr. John Bennet and Mr. Lightboun:

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

Hue and Cry, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for the Amendment of the Law relating to Actions on the Statute of Hue and Cry."

After some Time, the House was resumed.

And the Lord Willoughby of Parham 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."

Skerret against Nesbit & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Humphry Skerret Gentleman is Appellant, and Mathew Nesbit, Son and Heir of John Nesbit deceased, and others, are Respondents.

And the Counsel for the Appellant were fully heard (no Counsel appearing for the Respondents).

And the Order and Judgement of this House, of the 11th of April 1728, upon hearing the Appellant's former Appeal, as also the several Orders of the Court of Chancery in Ireland, complained of in the present Appeal, were read.

And the Counsel being withdrawn:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Orders so complained of as aforesaid be, and the same are hereby, reversed: And it is further Ordered, That the Plea put in by the Respondents to the Appellant's Bill be over-ruled; and that the said Court of Chancery do award an Injunction, to quiet the Appellant in the Possession and Enjoyment of the Estate of Aughry, comprized in the Lease of the 2d of June 1696, against the Respondents, and all claiming under them, until the Hearing of this Cause, and further Order of the said Court; and that the said Court do also appoint a Receiver, to receive the Rents and Profits of the Premises in Question in this Cause, except Aughry and Drumadbegg, with Power to him to let and set such Parts thereof as are or shall be untenanted, with the Approbation of One of the Masters of the said Court; and that the Rents and Profits thereof, when received, be brought into the said Court, to be applied as the said Court shall direct: And it is hereby also Ordered, That the said Court do cause the Twenty Pounds Costs, directed by this House on the 14th of this Instant April to be paid to the Appellant by the Respondent Mathew Nesbit, to be paid to him by the said Respondent accordingly.

Adjourn.

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

DIE Lunæ, 28o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Hereford.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Leeds.
Dux Kent.
Dux Portland.
Dux Dorset.
Comes Suffolk.
Comes Northampton.
Comes Denbigh.
Comes Shaftesbury.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Tankerville.
Comes Harborough.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Torrington.
Ds. Willoughby Par.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Hardwicke.

PRAYERS.

Continuing Laws, &c. Bill.

The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act to continue several Laws therein mentioned, for the better Regulation and Government of Seamen in the Merchants Service; for the regulating of Pilots of Dover, Deal, and the Isle of Thanet; for preventing Frauds in the Customs, and to prevent the clandestine Running of Goods; and for making Copper Ore, of the British Plantations, an enumerated Commodity," was committed: "That they had considered of the said Bill, and gone through the same, without any Amendment."

Sail Cloth and Silk Manufactures, Bill

The Lord President made the like Report from the same Committee on the Bill, intituled, "An Act to continue some Laws therein mentioned, relating to the Encouragement of the making of Sail Cloth in Great Britain, and for Encouragement of the Silk Manufactures of this Kingdom."

Rice from Carolina and Georgia, Bill.

The Lord President made the like Report from the same Committee on the Bill, intituled, "An Act to continue an Act passed in the 3d Year of His present Majesty's Reign, intituled, "An Act for granting Liberty to carry Rice from His Majesty's Province of Carolina in America, directly to any Part of Europe Southward of Cape Finisterre, in Ships built in and belonging to Great Britain, and navigated according to Law;" and to extend that Liberty to His Majesty's Province of Georgia in America."

Late E. Seaforth's Bill.

The Earl of Findlater made the like Report from the Committee to whom the Bill, intituled, "An Act to enable William Mackenzie late Earl of Seafort to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him," was committed.

Messages from H C. to return Broughton, &c. Nat. Bill;

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

To return the Bill, intituled, "An Act for naturalizing Anna Elizabeth Broughton and Josias Cottin;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and Edgar's Bill.

A Message was brought from the House of Commons, by Sir Jermyn Davers and others:

To return the Bill, intituled, "An Act for discharging Part of the Estate of Robert Edgar Esquire, in the County of Cambridge, from the Uses of his Marriage Settlement; he having settled an Estate in the County of Suffolk, of greater Value, to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Hue and Cry, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Amendment of the Law relating to Actions on the Statute of Hue and Cry."

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. Elde and Mr. Thurston:

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

Mathew & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to naturalize Stephen Mathew, Arnold Rosenhagen, and Jane Elizabeth du Bouchet."

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 the former Messengers:

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

Crawfurd against Vis. Garnock:

After hearing Counsel, upon the Petition and Appeal of John Crawfurd Esquire, commonly called Master of Garnock, Eldest Son of Patrick Lord Viscount of Garnock, an Infant of tender Years, by John Crawfurd Esquire, Advocate, his Uncle and next Friend; and of the same John Crawfurd, Second Son of the deceased John Viscount of Garnock, for himself; complaining of Three Interlocutory Sentences of the Lords of Session in Scotland, dated the 25th of June and 28th of July 1725, and the 28th of February 173¾; and praying, "That the same may be reversed, and such Relief given to the Appellants as to the House shall seem meet:" As also upon the several and joint Answer of the said Patrick Lord Viscount of Garnock and others his Creditors put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That, the said Patrick Lord Viscount of Garnock not having inserted in his Enfeoffment the prohibitory, irritant, and resolutive Clauses, contained in the original Settlement made in the Year 1662, called a Bond of Tailzie, the said Interlocurtory Sentences of the Lords of Session complained of in the said Appeal be, and the same are hereby, reversed; but without Prejudice to the Question of Law, in case proper Suits be brought by the said Creditors, in order to recover their respective Debts.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 29o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Winton.
Epus. Roffen.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Buccleuch.
Dux Atholl.
Dux Newcastle.
Dux Portland.
Dux Dorset.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Kerr.
Comes Malton.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Rice from Carolina and Georgia, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue an Act passed in the 3d Year of His present Majesty's Reign, intituled, "An Act for granting Liberty to carry Rice, from His Majesty's Province of Carolina in America, directly to any Part of Europe Southward of Cape Finisterre, in Ships built in and belonging to Great Britain, and navigated according to Law;" and to extend that Liberty to His Majesty's Province of Georgia in America."

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. Burroughs and Mr. Allen:

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

L. Dudley's Petition, to be restored to Possession of Lands in Ireland, which the E. of Meath obtained by an Order of the Lords there.

A Petition of William Lord Dudley and Ward, was presented, and read; setting forth some Proceedings had in the Chancery, of the Regalities and Liberties of the County of Tipperary, in the Kingdom of Ireland, in the Years 1685 and 1686, between the then Earl and Countess of Mcath and the then Lord Dudley and Ward and others; as also Proceedings had in the House of Lords in the said Kingdom, upon an Appeal to that House, of the said Earl and Countess; and likewise Proceedings had in this House, upon an Appeal of Edward Ward Esquire, the Petitioner's Eldest Brother, and others, to their Lordships, for Relief against an Order of the House of Lords in Ireland, made upon the Appeal of the said Earl and Countess; which Order being by this House declared null and void, the Petitioner's said Brother and the other Appellants were ordered to be put into Possession of such Lands as the Earl and Countess of Meath had obtained Possession of under the said Order; and they were put into Possession accordingly: But, in the Year 1703, the said Lords in Ireland did, by their Order, cause Possession of the same Lands to be given to the said Earl and Countess; soon after which, the Petitioner's said Brother died; and that, in the Year 1720, the late Lord Dudley, the Petitioner's Nephew, applied to this House by Petition, to be put into Possession of the said Lands; which Petition was referred to a Committee, to examine into the Matters aforesaid; but no Determination was had therein: And that the Petitioner's said Nephew died in the Year 1731, upon whose Death the Estate in Question descended to the Petitioner as his Uncle and Heir; but he, not having any of the Proceedings in his Custody, did not come to the Knowledge of his Title to the said Estate till lately; and praying, "That this House will order the Petitioner to be put into Possession of all such Lands as the said Earl and Countess of Meath obtained Possession of under the said Order of the House of Lords in Ireland; or that he may have such other Relief given him as their Lordships, in their great Wisdom, shall think proper."

Ordered, That the said Petition be referred to the Consideration of the Lords Committees for Privileges, to examine what Proceedings have been had in the former Cause in this House; and to state the several Proceedings, and what has been done thereupon, together with their Opinion, to the House.

Continuing Laws, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue several Laws therein mentioned, for the better Regulation and Government of Seamen in the Merchants Service; for the regulating of Pilots of Dover, Deal, and the Isle of Thanet; for preventing Frauds in the Customs, and to prevent the clandestine Running of Goods; and for making Copper Ore, of the British Plantations, an enumerated Commodity."

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

It was Resolved in the Affirmative.

Sail Cloth and Silk Manufactures, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue some Laws therein mentioned, relating to the Encouragement of the making of Sail Cloth in Great Britain; and for Encouragement of the Silk Manufactures of this Kingdom."

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

It was Resolved in the Affirmative.

Laws against pulling down Turnpikes, &c. making more effectual, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for rendering the Laws more effectual, for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected by Act of Parliament for making Rivers navigable; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Late E. Seaforth's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable William Mackenzie late Earl of Seafort to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him."

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 Four preceding Bills.

And Messages were ordered to be sent to the House of Commons, by the former Messengers:

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

Heriot & al. against Ray & al.

After hearing Counsel, in Part, in the Cause wherein George Heriot Provost of the Royal Borough of Haddington and others are Appellants, and William Ray and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause between Easton and Stirling, appointed to be heard To-morrow, be put off to Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, tricesimum diem instantis Aprilis, hora undecima Auroræ.

DIE Mercurii, 30o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Landav.
Epus. Norwic.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Bolton.
Dux Leeds.
Dux Rutland.
Dux Buccleuch.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Orkney.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Cobham.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Hinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

High Bailiff of Westminster to attend, for not observing the Order to prevent Stoppages in the Streets.

Complaint was made to the House, "That their Lordships Order, made the 23d of January last, for preventing Stoppages in the Streets, is not duly observed."

And thereupon the said Order being read:

Ordered, That the High Bailiff of Westminster do attend this House To-morrow.

Heriot & al. against Ray & al:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of George Heriot Provost of the Royal Borough of Haddington, Alexander Hepburn and Richard Robertson Merchant Baillies of the said Burgh, James Forrest Trades Baillie thereof, Alexander Walker Chirurgeon present Dean of Guild there, George Young present Treasurer there, Andrew Dickson Merchant, Charles Crookshanks Dyer, William Ross Wool-comber, Thomas Crombie Merchant, Robert Forrest Brewer, William Begbie Chirurgeon, William Brown Dyer, all Seven Merchant Counsellors of the said Borough; George Hunter Wheelwright, and John Jack Sclaiter, Trades Counsellors of the said Borough; James Bertram Baxter and Deacon of the Baxters, John Hay Sadler and Deacon of the Hammer-men, Henry Smith Weaver and Deacon of the Weavers, and George Walker Skinner and Deacon of the Skinners of the said Borough, all Members of the Town Council thereof; complaining of Two Interlocutory Sentences of the Lords of Session in Scotland, of the 20th and 28th of February last: and praying, "That the same may be reversed:" As also upon the Answers of William Ray, Janies Erskine, John Caddell, Andrew Wilson, George Erskine, George Finlayson, John Heriot, George Cunninghame, James Stirling, Alexander Bowers, George Forrester, John Baillie, James Lindsay, Robert Sawers, Charles Lorrice, Hugh Bennett, James Haddin, William Watt, and Simon Sawers Provost, Magistrates, Counsellors, and Deacons, of the said Royal Borough of Haddington, 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 Interlocutory Sentences therein complained of be, and the same are hereby, affirmed.

McQuillin & Ux. against Hubbart & al.

Upon reading the Petition and Appeal of Richard McQuillin Gentleman and Frances his Wife; complaining of an Order of Dismission of the Court of Exchequer in Ireland, made the 25th Day of November 1730, in a Cause wherein the Appellants were Plaintiffs, and Elizabeth and William Hubbart and others Defendants; and praying, "That the same may be reversed; and that a Release in the Appeal mentioned may be delivered up to the Appellants, to be canceled; and that they may be relieved, according to the Nature of their Case:"

It is Ordered, That the said Elizabeth and William Hubbart may have a Copy of the said Appeal; and are hereby required to put in their Answer thereunto, in Writing, on or before Wednesday the 4th Day of June next; and that Service of this Order on the Respondents Attornies in the said Court of Exchequer be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, primum diem Maii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin Siberton.