House of Lords Journal Volume 20: 11 February 1718

DIE Martis, 11 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Coin Bill brought in.

The Judges, in Pursuance of the Order of this House of Saturday last, delivered a Bill, prepared by them, intituled, "An Act for encouraging the bringing of Foreign Bullion into the Mint, to be coined; and to prevent the melting the current Coin of this Kingdom."

Bertie's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better enabling the Honourable James Bertie Esquire to raise Portions for his Younger Children," was committed: "That they had considered thereof; that the Parties concerned had given their Consents; and that the Committee had made several Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Barnardiston, &c. versus Chapman, &c. in Error.

The Lord Parker, Chief Justice of the Court of King's Bench, delivered, as usual, the Transcript of a Record upon a Writ of Error, wherein

Nathaniel Barnardiston and Samuel Marriot are Plaintiffs:

And

Henry Chapman and Mathew Smith Defendants.

E. of Kildare, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John late Earl of Kildare, deceased, towards Payment of his Debts; and for other the Purposes therein mentioned."

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. Dormer and Mr. Browning:

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

Report on Mrs. Lyon's Petition, concerning the taxing Costs in Scotland: Lords of Session to tax the Costs.

The Earl of Clarendon (according to Order) reported from the Lords Committees, appointed to consider the Matter of, and Facts alledged in, the Petition of Catherine Lyon, the Widow of John Lyon of Muresk, Esquire, deceased; praying, "That the Order and Judgement of this House, of the 22d of August 1715, on hearing her Appeal, may be effectually enforced; and also to search Precedents: That the Committee have accordingly considered the Matter of the said Petition; and, in respect of the Facts therein alledged, acquaint your Lordships, That, on hearing the Petitioner's Appeal, the said 22d of August, this House did reverse the several Interlocutors of the Lords of Session therein complained of, whereby she was refused her Expences or Costs; and ordered the Lords of Session to cause all the Suits and Processes between the Appellant and Respondent, mentioned or referred to in the said Appeal, to be taxed and ascertained; and that the same, when so ascertained, should be forthwith paid to the Appellant. The Committee further inform the House, That an authentic Copy of the Proceedings of the Lords of Session, since the making the said Order and Judgement, had been, on the Petitioner's Part, produced before the Committee; by which it appears, that the Lords of Session had, on Consideration of the Petitioner's Accompt of Costs and Expences exhibited to them, and produced before the Committee, amounting to £.538. 4s. Sterling, modified the Sum of £.100. Sterling, in Name of Costs and Expences, to be paid to the said Mrs. Lyon, Attoure, that is, above the several Sums already modified and paid to her for Expences in the Process abovementioned. And it appeared to the Committee, that the Sums mentioned to have been before paid to her amounted only to the Sum of £.250. Scots, being about £.20. Sterling, which, in the said Accompt, out of One Article is mentioned to be deducted. There was also, on the Part of the Petitioner, produced to the Committee, the Articles of Regulation concerning the Session, approved by His late Majesty King William, in Pursuance of an Act passed in Scotland, in the 4th Session of King William and Queen Mary's First Parliament, intituled, "Commission for Regulation of Judicatories;" which Articles regulate the several Fees and Charges to be paid in relation to Prosecutions in the said Court; and, by the said Articles, it is expressly directed, "That, in all Causes where the Lords, at the Conclusion thereof, shall find the Succumber, that is, the Party who loses the Cause, to have been calumnious or litigious, they shall take in an Accompt from the Party prevailing, upon his Oath, of the Expences and Damages that he hath been put to in that Process; and that then they decern, or, in Case of Extravagance, tax and modify the said Expences and Damages, to be paid by the Succumber, to the Party prevailing, as said is."

That the Committee, having been directed by the House to search Precedents, think it proper to acquaint your Lordships, that they find none of the like Nature; the only One insisted on, on the Part of the Respondents, (being the Case of Sir Andrew Kennedy) widely differing from the Case of the Petitioner.

"And, upon the whole Matter, the Committee are of Opinion, That the Lords of Session have not taxed and ascertained the Petitioner's Costs and Expences agreeably to the forementioned Order and Judgement of this House, on hearing her Appeal: And are likewise of Opinion, that the said Lords of Session be directed to tax the Petitioner's Costs, Expences, and Damages, according to the Articles of Regulation; and to note what Extravagances they shall disallow."

Which Report was read by the Clerk entire.

And the First Resolution being again read, the same was agreed to by the House.

Then the other Resolution, being likewise read a Second Time, was, with some Amendments, agreed to by the House; and ordered as follows:

Ordered, That the said Lords of Session be, and are hereby, directed to tax and ascertain the Petitioner's Costs and Expences, by considering the Particulars of such Costs and Expences, Article by Article."

Rose &al Nat. Bill.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act to naturalize Peter Rose, Charles Corssar, and others," was committed: "That they had gone through the same, and made some Amendments thereunto."

Which, were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Smith &al. Appeal dismissed, no Recognizance.

Whereas a Petition and Appeal of Thomas Smith Gentleman and Deborah his Wife, and of Charles Lopdell, and John Joyce alias Shoie, was received by this House the Twenty-fourth Day of January last:

And the House being this Day moved, "That the same may be dismissed; no Recognizance having yet been entered into, as required by the Standing Order of this House:"

It is therefore Ordered, That the said Petition be, and is hereby, dismissed this House.

The remaining Orders of the Day being read:

Robbery, &c. to prevent, Bill.

Ordered, That this House be put into a Committee of the whole House, upon the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and the more effectual Transportation of Felons and unlawful Exporters of Wool," on Thursday next, the First Business.

Bone Lace Bill.

Ordered, That this House be likewise, on Thursday next, put into a Committee of the whole House, upon the Bill, intituled, "An Act for Relief of the whole Traders and Dealers in English Bone Lace, by obviating several Doubts in the several Acts for licensing Hawkers and Pedlars."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, duodecimum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.