House of Lords Journal Volume 20: 19 August 1715

DIE Veneris, 19 Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Fish Bill.

The Earl of Clarendon reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for the better preventing fresh Fish taken by Foreigners being imported into this Kingdom; and for the Preservation of the Fry of Fish; and for the giving Leave to import Lobsters and Turbots in Foreign Bottoms; and for the better Preservation of Salmon within several Rivers in this Kingdom," was committed, the Amendments made by the Committee to the Bill.

Which were read, as follows; (videlicet,)

"Pr. 1. Line 3. "After ["Fishery"], insert ["in that Part"]; and after ["Kingdom"], insert ["called England."]

"At the End of the Bill, add Clauses marked (A.) and (B.):

"(A.) Provided, That this Act, or any Thing herein contained, shall not extend, or be construed to extend, to any ancient Weres or Locks upon any Rivers; but that it shall and may be lawful for the Proprietors or Owners thereof to repair, maintain, rebuild, remove, or take down, any of the said Weres or Locks, as they might have done in case this Act had not been made.

"(B.) Provided always, That nothing in this Act contained shall be construed to extend to that Part of Great Britain called Scotland.

"In the Title of the Bill, last Line, after ["in"], insert ["that Part of"]; and after ["Kingdom"], insert ["called England"].

Then the said Amendments were read a Second Time, and severally agreed to; except Clause (B.), which was disagreed with.

And the Amendments following were agreed to be made to the Bill; (videlicet,)

"Pr. 1. L. 36. After ["in"], insert ["that Part of"]; and after ["Kingdom"], insert ["called England"].

"Pr. 2. L. 42. After ["of"], insert ["that Part of"].

"L. 43. After ["Britain"], insert ["called England"].

"Pr. 4. L. 6. After ["Shore"], insert ["in that Part of Great Britain called England"].

"Pr. 7. L. 37. Instead of ["River"], insert ["Rivers."]."

Liverpool Church, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for building and endowing a Church upon the Scite of the Castle of Liverpoole, held by Lease from the Dutchy of Lancaster; and for explaining a former Act for the building another Church there."

Militia more useful, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Militia of that Part of Great Britain called England more useful; and for obliging an Annual Accompt to be made of Trophy-money."

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. Orlebar and Mr. Browning:

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

Message from thence, to return Bromfield's Bill.

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

To return the Bill, intituled, "An Act for confirming a Sale already made to Edmund Dummer Gentleman of some Part, and for vesting other Part, of the Estate of John Bromfield Esquire, in the County of Southampton, comprized in the Articles made upon his Marriage with Ann his Wife, in Trustees, to be sold, for the Payment of his Debts; and for settling the remaining Part thereof as near as may be to the Intent of the said Articles; and for making thereby, and by other Means in the Act mentioned, some Provision for the said John Bromfield and Ann his Wife, and their Issue;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Habkin versus Hoge:

After hearing Counsel, upon the Petition and Appeal of William Habkin Belt-maker in Edinburgh, complaining of several Interlocutors of the Lords of Session in Scotland; and in particular of a Decree made by the said Lords the 24th of February 1714, in a Cause wherein the Appellant was Plaintiff, and Roger Hoge Merchant Defendant; and praying to be relieved against the same, as to this House shall seem just and resonable: As also upon the Answer of the said Roger Hoge put in to the said Appeal; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Interlocutors and Decree complained of in the said Appeal, whereby the Lords of Session did refuse the Appellant's Demands by his Bill exhibited to them, as to Interest and Costs, be, and the same are hereby, reversed: And it is further Ordered, That the Respondent do forthwith pay, or cause to be paid, to the Appellant, the Principal Sum found due to him, with the Interest thereof, from the Time the Respondent Hoge received the Remainder of the Money due on the Two First Assignments made of the Off-reckonings in Question: And further, that the said Lords of Session do cause the Costs and Expences of the said Apellant in the said Suit to be taxed and ascertained; and that the same, when so taxed, be forthwith paid to the Appellant by the said Respondent.

E. Rochester and V. Mountjoy, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Earl of Rochester, and William Lord Viscount Mountjoy in the Kingdom of Ireland, to take the Oaths of Office for their respective Offices in the said Kingdom of Ireland, and to qualify themselves in England for the legal Enjoyment of their said Offices."

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

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

Lyon versus E. of Aboyn.

Ordered, That the Cause wherein Katherine Lyon is Appellant, and the Earl of Aboyn and others Respondents, which was appointed to be heard To-morrow, be put off to Monday next.

Adjourn.

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