House of Lords Journal Volume 23: April 1731, 11-20

April 1730, 11-20

DIE Lunæ 12^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Newhaven Piers to repair, Bill.

The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing, and keeping in Repair, the Pier or Piers and Harbour of Newhaven, in the County of Sussex," was committed: "That they had considered the said Bill, and found the Allegations thereof 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."

Standen's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Estates of Edward Standen Esquire, deceased, at Arborfield, and elsewhere, for discharging the Debts of the said Edward Standen, and other Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; 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.

Apothecaries Pet. against searching Drugs, to he on the Table.

A Petition of the Master, Wardens, and Society of the Art and Mystery of Apothecaries of the City of London, was presented, and read; praying to be heard, by themselves and Counsel, against continuing a Clause for the better viewing, searching, and examining, of Drugs:

It is Ordered, That the said Petition do lie on the Table till the Bill for continuing and amending several Acts be read a Second Time.

Taylor's Bill, Standing Order touching Exchange of Lands, dispensed with.

The House (according to Order) proceeded to take into Consideration the Motion made on Saturday last, to dispense with the Standing Order, in relation to Bills for selling Lands in One Place, and buying Lands in another, so far as that the Committee to whom a Private Bill of Mr. Taylor's stands committed may proceed thereon, notwithstanding an Agreement is not yet made for a Purchase, as is directed to be done by the said Standing Order.

And thereupon the said Order being read:

It is Ordered, That the same be dispensed with, as to the Particular abovementioned.

Player's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Thomas Player Esquire, for discharging the Debts, Legacies, and Incumbrances, 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. Burroughs and Mr. Allen:

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

Bardiwieck, Leave to exhibit a Petition for his Naturalization:

Upon reading the Petition of Erust Bardiwieck Merchant; praying Leave to exhibit a Petition for a Bill, for his Naturalization:

It is Ordered, That Leave be given to exhibit a Petition, as desired.

Petition exhibited.

Then a Petition of the same Person was presented, and read; praying Leave to bring in a Bill for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill preserted and read.

Whereupon, the Earl of Marchmont (pursuant to the said Order) presented to the House a Bill, intituled, An Act for naturalizing Erust Bardiwieck."

And the same was read the First Time.

Dundee Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duty of Two Penny Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold, within the Town of Dundee, and Privileges thereof, for paying the public Debts of the said Town, repairing the Harbour there, and for other Purposes therein mentioned."

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

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

Richardson & Ux. versus Sedgwick & al.:

After hearing Counsel, upon the Petition and Appeal of Robert Richardson Esquire and Elizabeth his Wife; complaining of a Decree of the Court of Chancery, of the Third of July last, made in a Cause wherein the Appellants were Plaintiffs, and John Sedgwick and Elizabeth his Wife and Edmund Duckett were Defendants; and in a Cross Cause, wherein the said Defendants were Plaintiffs, and the said Appellants and Robert Richardson Junior were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said John Sedgwick and Elizabeth his Wife, and Edmund Duckett, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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 Decree therein complained of be, and is hereby, affirmed.

Annuity and Lottery Bill.

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

With a Bill, intituled, "An Act for raising One Million Two Hundred Thousand Pounds, by Annuities and a Lottery, in Manner therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn

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

DIE Martis, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Suffolk versus Sprig and Couch.

The Answer of Mary Sprig and Richard Couch, to the Appeal of Edward Earl of Suffolk, was brought in.

Aberdeen Duty on Beer, Bill.

A Message was brought from the House of Commons, by Colonel Littleton and others:

With a Bill, intituled, "An Act for the further continuing the Duties granted by an Act passed in the Parliament of Scotland in the Year One Thousand Six Hundred and Ninety-five, and continued by an Act passed in the Year One Thousand Seven Hundred and Seven, for paying off the Debts of the Town of Aberdeen, and for other public Uses of the said Town;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Westby's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the Estate of Robert Westby Esquire, in the County of Lancaster, for raising Money, to discharge several Debts and Incumbrances of his Father and Brother, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; and 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.

Newhaven Piers, to repair, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing, and keeping in Repair, the Pier or Piers and Harbour of Newhaven, in the County of Sussex."

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.

Dayrell's Petition to be heard, against Sir H. Hoskyns's Bill.

Upon reading the Petition of Francis Dayrell Esquire; praying, "That he may be at Liberty to be heard, by his Counsel, against the Bill now depending, for Sale of certain mortgaged Premises of Sir Hungerford Hoskyns Baronet, for paying off Incumbrances:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, as desired; as may Counsel be heard for the Bill, at the same Time.

Standen's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of the Estates of Edward Standen Esquire, deceased, at Arborfield and elsewhere, for discharging the Debts of the said Edward Standen; and other 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. Burroughs and Mr. Allen:

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

Huckle to take the Name of Kneller, Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Godfrey Kneller Huckle Gentleman, and the Heirs of his Body, to take and use the Surname of Kneller," was committed: "That they had considered the said Bill, and found the Allegations thereof 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."

Ordered, That the said Bill be engrossed.

Oxon and Gloucestershire Road, to repair, Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester," 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."

Bulkley and Inglis's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in John Inglis (Executor of George Heriot Clerk, deceased) certain Lands, in the County of Southampton, mortgaged in Fee, by Charles Bulkley Esquire, to the Testator, in Trust, for the Purposes therein mentioned."

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

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.

Magenis versus Magenis:

Upon reading the Petition of Anne Magenis Widow, Respondent to the Appeal of Arthur Magenis Esquire; praying, "In regard, as she is advised, the said Appeal is brought purely for Delay, that the same may be set down so as to be heard this Session:"

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday next come Sevennight, at Eleven a Clock.

Bardiwieck sworn:

Erust Bardiwieck took the Oaths appointed, in order to his Naturalization.

Bill to naturalize him committed.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Erust Bardiwieck."

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

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

Annuity and Lottery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising One Million Two Hundred Thousand Pounds, by Annuities and a Lottery, in Manner therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed."

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

Hertfordshire Highway, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Albans, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex;" and for making the said Act more effectual;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Continuing and amending Acts, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing some Acts, and amending others, relating to the searching of Drugs and Medicines, the making of British Sail-cloth, the East India Trade, the cutting of Hedges adjoining to Highways, and the appointing of Scavengers and repairing of Streets; and for the more effectual punishing Stealers of Lead or Iron Bars fixed; and for empowering Justices of the Peace, at their General or Quarter Sessions, to determine upon Appeals, notwithstanding Defects of Form in the original Proceedings."

Ordered, That the said Bill be committed to a Committee of the whole House, on Friday Sevennight; and that the Petition of the Master, Wardens, and Society, of the Apothecaries of London, which on Monday last was ordered to lie on the Table, be referred to the said Committee; and that the Petitioners be at Liberty to be heard, before their Lordships, as desired; and that Counsel may be heard for the Clause in relation to the searching of Drugs and Medicines, at the same Time.

Adjourn.

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

DIE Mercurii, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ferguson versus Maitland.

The Answer of Mr. William Maitland, Minister at Manchline, to the amended Appeal of William Fergusson of Auchinblane Esquire, was brought in.

Huckle to take the Name of Kneller, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Godfrey Kneller Huckle Gentleman, and the Heirs of his Body, to take and use the Surname of Kneller."

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. Holford and Mr. Burroughs:

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

Westby's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Robert Westby Esquire, in the County of Lancaster, for raising Money, to discharge several Debts and Incumbrances of his Father and Brother; and for other 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. Holford and Mr. Burroughs:

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

Aberdeen, Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further continuing the Duties granted by an Act in the Parliament of Scotland in the Year One Thousand Six Hundred and Ninety-five, and continued by an Act passed in the Year One Thousand Seven Hundred and Seven, for paying off the Debts of the Town of Aberdeen, and for other public Uses of the said Town."

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

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.

Hertfordshire Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Albans, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex;" and for making the said Act more effectual."

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

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

Oxon and Gloucestershire Roads, to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester."

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. Holford and Mr. Burroughs:

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

Annuity and Lottery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising One Million Two Hundred Thousand Pounds, by Annuities and a Lottery, in Manner therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed."

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."

Mrs. Robinson's Separation, Bill.

The Order for the Second Reading of the Bill, intituled, "An Act for a Separation between George Robinson Esquire and Elizabeth his Wife, for Cruelty by him committed; and for allowing her a reasonable Maintenance out of his Estate;"

Heads for a Bill for making Process effectual, referred to a Committee.

And for taking into Consideration Heads for a Bill, delivered in by the Judges, for making Process in Courts of Equity effectual against Persons who absent themselves, and cannot be served; being read:

The said Heads for a Bill were also read.

Ordered, That the same be referred to the Lords Committees aforenamed:

Their Lordships, or any Five of them; to meet at the usual Time and Place, To-morrow Sevennight; whose Lordships, having considered thereof, are to report what they shall think proper thereupon to the House; and that the Judges do attend the said Committee.

Message from H. C. to return the Bill for exemplifying L. Herbert's Will.

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

To return the Bill, intituled, "An Act for exemplifying the Will of Henry late Lord Herbert; and for making the same Evidence in all Courts of Law and Equity in Great Birtain and Ireland;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Dunstable Road, to repair, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the effectual repairing the Highways between Dunstable and Hockley, in the County of Bedford, by enlarging the Term and Powers granted by Two former Acts, one of the Ninth and the other of the Twelsth Year of the Reign of Her late Majesty Queen Anne," was committed: That they had considered the said Bill, and gone through the same, and made One Amendment thereunto."

Which, being read Twice by the Clerk, was agreed to by the House; and is as follows:

"Press 3. Line 5. After ["Gentlemen"], insert ["Bernard Turney and Roger Chapman Esquires, Chase Doctor of Physic, Walter Foot, George Coppin, and William Caple, Clerks, Robert Coppin, Thomas Ellingham, Mathew Lawrence, Simon Taylor, Thomas Groom, and Mathew Lacy Junior, Gentlemen"]."

Explaining Act to naturalize Foreign Protestants, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain a Clause in an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne (for naturalizing Foreign Protestants), which relates to the Children of the natural-born Subjects of the Crown of England, or of Great Britain."

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

And the Duke of Dorset reported from the said Committee, "That they had gone through the said Bill, and made One Amendment thereunto; which they had directed him to report, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow Sevennight.

Messages from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Nathaniel Curson and others:

With a Bill, intituled, "An Act for dividing and enclosing divers Parcels of Commons and Waste Grounds, lying within the Manor of Westbroughton, in the Parish of Dovebridge, in the County of Derby;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Nathaniel Curson and others:

With a Bill, intituled, "An Act to prevent the stealing of Linen, Fustian, and Cotton Goods and Wares, from Fields, Grounds, and other Places used for whitening, bleaching, or drying the same;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to enable Idiots and Lunatics, who are seised or possessed of Estates in Fee, or for Lives, or Terms of Years, in Trust, or by Way of Mortgage, to make Conveyances, Surrenders, or Assignments, of such Estates;" to which they desire the Concurrence of this House.

Ilfordcombe Pier and Harbour, to repair, Bill.

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

With a Bill, intituled, "An Act for repairing, and keeping in Repair, the Pier and Harbour of Ilfordcombe, in the County of Devon;" to which they desire the Concurrence of this House.

The said last mentioned Bill was read the First Time.

Edwards, for Payment of Costs, on Minchin's Appeal.

Upon reading the Petition of Mary Edwards Spinster, Respondent to the Appeal of John Minchin Esquire; praying, "That Mr. John Gordon, who entered into a Recognizance to answer any Costs which might be awarded on hearing the said Appeal, may be compelled to pay to the Petitioner the Two Hundred Pounds Costs ordered on the said Hearing; the said Costs having been demanded, but he hath not thought fit to pay the same."

And thereupon Mr. Richard Whishaw was called in; and examined, upon Oath, at the Bar, as to the Service of the said Order.

And being withdrawn:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Recognizance entered into by the said John Gordon to His Majesty, in the Sum of Two Hundred Pounds, for Payment of such Costs as this House should appoint, in case the Decree and Orders from which the said John Minchin appealed should be affirmed, be estreated into His Majesty's Court of Exchequer, for the Benefit of the said Mary Edwards.

Folkes versus Lewis.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Silence Folkes Widow is Appellant, and Maurice Lewis Esquire Respondent; complaining of an Original Decree, and several Orders, of the Court of Exchequer.

And the Appellant's Counsel being heard accordingly; they were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir John Rushout and others:

With a Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America;" to which they desire the Concurrence of this House.

Adjourn.

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

DIE Jovis, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Papers concerning the Trade between the Continent of America and the Sugar Colonies, the Navigation of the River of Canada, &c. to be laid before the House;

Ordered, That the Commissioners for Trade and Plantations do lay before this House, an Extract of a Report from Cadwallader Colden, His Majesty's Surveyor in New York, as far as the same relates to the Navigation of the River of Canada.

Also, an Extract of a Report made by them to His late Majesty, in the Year 1721, so far as the same relates to the Trade carried on between New England and the Foreign Sugar Colonies in America, under the Title of Massachusets Bay.

And likewise, a Copy of an Act passed in New England, in the Year 1694, intituled, "An Act for the better Rule and Government of the Indians, in their several Places and Plantations."

and Quantities Sugar imported.

Ordered, That the Commissioners of the Customs do lay before this House, an Accompt of the Value of the Exports from Great Britain to Barbadoes, Jamaica, and The Leward Islands, from the Year ended Christmas 1714, to the Year ended Christmas 1726.

And also, an Account of the Quantity of Sugar imported from Barbadoes, Jamaica, and The Leward Islands, for the same Years.

Bill concerning the Sugar Colonies to be printed.

Ordered, That the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America," be printed; and that the Door-keepers do deliver a printed Copy at every Lord's House.

Folkes versus Lewis:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Silence Folkes Widow, Executrix and Residuary Legatee named in the last Will and Testament of Thomas Folkes Esquire, who is lately dead; complaining of an Original Decree of the Court of Exchequer, of the Nineteenth of June 1727, and of an Order of the Twenty-second of November 1729, and of a final Order and Decree of the same Court, made the Fifth of February following, in a Cause wherein Maurice Lewis Esquire was Plaintiff, and the said Thomas Folkes Defendant; and praying, "That the same may be reversed; and that the said Maurice Lewis may be ordered to pay the Appellant One Hundred and Sixteen Pounds, Two Shillings, and a Penny, found by Verdict, together with Costs both at Law and in the said Court of Exchequer:" As also upon the Answer of the said Maurice Lewis put in to the said Appeal; and due Consideration and Debate 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 Decree, of the Nineteenth of June 1727, be, and is hereby, affirmed; and that the said Decree, of the Fifth of February 1729, be, and is hereby, reversed: And it is also Ordered and Adjudged, That the Order made by the said Court of Exchequer, for overruling the First Exception, be, and is hereby, reversed; and the Order of the same Court, for over-ruling the Three other Exceptions, be, and is hereby, affirmed: And it is further Ordered, That the Respondent do pay to the Appellant the Costs of the Trial at Law, which Costs are to be taxed by the Deputy Remembrancer of the said Court; and on the Respondent's paying to the Appellant the Sum of Eighty-five Pounds, Seventeen Shillings, and Eleven Pence, and also the said Costs, when taxed, at such Time and Place as the said Deputy Remembrancer shall appoint, a perpetual Injunction is to be awarded; and, in that Case, no Costs shall be paid, on either Side, upon the Proceedings in Equity: But, in Default of Payment of the Sum of Eighty-five Pounds, Seventeen Shillings, and Eleven Pence, and of the said Costs so to be taxed for the Trial at Law, at the Time and Place to be appointed by the said Deputy Remembrancer, the Respondent's Bill is to be dismissed with Costs, and the Injunction dissolved.

Bulkley and Inglis's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in John Inglis (Executor of George Heriot Clerk, deceased) certain Lands, in the County of Southampton, mortgaged in Fee, by Charles Bulkley Esquire, to the Testator, in Trust, for the Purposes therein mentioned," 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."

Ordered, That the Bill be engrossed.

Sir H. Hoskyns's Bill.

The Lord Bishop of Carlisle reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Estates of Sir Hungerford Hoskyns Baronet in Trustees, to be sold, for the raising and paying his Brothers and Sisters Portions, now remaining a Charge upon his Estate, together with the Debts and Incumbrances of his Father Sir John Hoskyns affecting the same," was committed: "That they had considered the said Bill; and heard Counsel in relation to the Matter of the Petition of Francis Dayrell Esquire, to them referred; and that the Committee had gone through the Bill, and made several Amendments thereunto."

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

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

To prevent stealing Linen, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent the stealing of Linen, Fustian, and Cotton Goods and Wares, from Fields, Grounds, and other Places used for whitening, bleaching, or drying the same."

Ilfordcombe pier and Harbour, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing, and keeping in Repair, the Pier and Harbour of Ilfordcombe, in the County of Devon."

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

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

Ideots, &c. to make Conveyances, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Idiots and Lunatics, who are seised or possessed of Estates in Fee, or for Lives, or Terms of Years, in Trust, or by Way of Mortgage, to make Conveyances, Surrenders, or Assignments, of such Estates."

Accompts of Exports and Imports to and from the Colonies, on the Continent of America, to be laid before the House.

Ordered, That the Commissioners of the Customs do lay before this House, an Accompt of the Value of the Exports to New England, New York, Pensylvania, Virginia, Maryland, and Carolina, from Christmas 1714, to Christmas 1726; distinguishing what were the Goods exported by Certificate, and what were the Product and Manufactures of this Kingdom.

And also, an Account of the Imports into this Kingdom, from the same Places, for the same Years; with an Accompt of the Duties arising therefrom to the Crown.

And likewise, an Account how much of the Goods so imported have been re-exported, during the same Years.

Papers to be land before the House, by Commissionere for Trade.

Ordered, That the Commissioners for Trade and Plantations do lay before this House, a Copy of the Act passed in Barbadoes, the Twenty-first Day of March 1715, laying an Imposition or Duty on all Sugars, Melasses, Rum, &c. imported into the Island, which are not the natural Growth and Manufacture of some of His Majesty's Colonies; together with His late Majesty's Order in Council, of the Seventeenth of October 1717, confirming the same; and also the Ninety-sixth Instruction given to Henry Worsley Esquire, Governor of Barbadoes.

Mr. Campbell assigned Counsel for Gray.

Upon reading the Petition of poor Joseph Gray; praying, "In regard William Hamilton Esquire is taken ill of a violent Fever, that Alexander Hume Campbell Esquire may be assigned Counsel for the Petitioner, in the room of the said Mr. Hamilton:"

It is Ordered, That the Petitioner's Appeal be heard on Wednesday next; and that the said Mr. Hume Campbell be assigned the Petitioner's Counsel, as desired.

Westbroughton Commons, to enclose, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing divers Parcels of Commons and Waste Grounds, lying within the Manor of Westbroughton, in the Parish of Dovebridge, in the County of Derby."

Adjourn.

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