House of Lords Journal Volume 23: March 1727, 21-30

March 1726, 21-30

DIE Martis, 21^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Lovat versus Mackenzie.

This Day the Answer of James Mackenzie of Roystoun, to the Appeal of Simon Lord Lovat, was brought in.

Ld. Southwell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas now Lord Southwell, and his Trustees, to raise Money, by making Leases for Lives renewable for ever, and Fee-farms, and by Sale or Mortgage of certain Lands and Hereditaments, in the County of Limerick, in the Kingdom of Ireland, for Payment of Debts and Legacies; and 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 Friday the Seventh Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Redeeming Annuities at the Bank, Bill:

A Message was brought from the House of Commons; by Mr. Farrer and others:

With a Bill, intituled, "An Act for redeeming sundry Annuities transferrable at the Bank of England, and the Annuities payable on the Standing Orders for Army Debentures, by the Produce of the Sinking Fund; for applying to the same Fund the Money remaining in the Exchequer on the Head of the Bankers Debt, and making Provision for future Claims on the same Debt; and for applying the Lottery Tickets Anno 1726, which were returned into the Exchequer, to the discharging the Standing Orders made out for the Sufferers of Nevis and St. Christophers, as far as the same will extend;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Amphlett's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Copyhold and other Lands in John Amphlett Esquire, in Lieu of the Freehold Lands agreed to be purchased and settled on him by the Marriage Articles of Joseph Amphlett Esquire, his late Father, with Anne his Wife (both deceased); and for making Provision for the Younger Children of that Marriage."

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. John Bennet and Mr. Yard:

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

Poor of Gloucester, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for repealing Part, and making more effectual the Residue, of an Act of Parliament, made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the same, with some Amendments."

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

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

Mr. Howard's Bill referred back to the Judges.

The Lord Delawarr from the Lords Committees to whom the Bill, intituled, "An Act for empowering the Honourable Charles Howard Esquire to raise Money, by Sale or Mortgage of the Manors of Walden, alias Chipping Walden, Brooke Walden, and other Manors and Lands therein mentioned, for the Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased," was committed, acquainted the House, "That, upon the Committee's proceeding in Consideration of the said Bill, it appeared that the State of the Case thereupon had not been fully laid before the Judges to whom the same was referred; and that therefore the Committee thought it proper the said Bill should be referred back to the same Judges, to re-consider thereof."

It is Ordered, That the said Bill be accordingly referred back to the same Judges, to re-consider thereof; and summon all Parties concerned in the Consequences of the Bill; and report to the House as before directed.

E. Anglesey versus Ram:

The House being moved, "That the Cause wherein Arthur Earl of Anglesey is Appellant, and Abel Ram Esquire Respondent, which, by Order of the Seventh Instant, was appointed to be heard ex Parte on the First vacant Day for Causes, may be heard on Tuesday the Eighteenth Day of April next:"

Hearing brought forward.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the said Eighteenth Day of April next, as desired.

Address for the Articles of War, and a List of Officers.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause the proper Officers to lay before this House the Articles of War intended to be established for the Year ensuing; as also a List of the late Promotion of the Officers in the Army, distinguishing such of the said Officers as were in His Majesty's Service, or in Half Pay, before the late Promotion."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Mutiny and Desertion Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

Message from H. C. to return Lindberg et al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Abraham Lindberg and others;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Bean versus Lansdell.

After hearing Counsel in Part, upon the Petition and Appeal of Charles Bean Clerk, Executor of Thomas Pennington, deceased; complaining of a Decree, and several Orders and Proceedings of the Court of Exchequer, in certain Causes wherein John Lansdell Esquire, Executor of the Honourable Harry Mordaunt Esquire, deceased, by Bill of Revivor, was Plaintiff, and the Appellant Defendant, et è contra; as also upon the Answer of the said John Lansdell put in to the said Appeal:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, at Eleven a Clock; and the other Causes removed One Cause-day in Course.

Adjourn.

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

DIE Mercurii, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Winckworth versus Najack.

This Day the Answer of Mark Anthony Najack Esquire, to the Appeal of John Winckworth Esquire, was brought in.

Bean versus Lansdell.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Charles Bean Clerk, Executor of Thomas Pennington deceased; complaining of a Decree of the Court of Exchequer, of the Twentythird of November 1721; and also of the Minutes taken the Eleventh of July, about the End of Trinity Term last; and also of an Order of the Seventh of December, by which the Appellant's Exceptions to the Deputy Remembrancer's Report were over-ruled; and likewise of the Minutes taken on the Twenty-seventh of January, and of an Order of the Eleventh of February last, and other the Proceedings in the said Court, in certain Causes, wherein John Lansdell Esquire, Executor of the Honourable Harry Mordaunt Esquire, deceased, by Bill of Revivor, was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be reversed:" As also upon the Answer of the said John Lansdell put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order reversed in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Order of the Court of Exchequer, of the Seventh of December last, as over-rules the Appellant's Nineteenth Exception to the Deputy Remembrancer's Report, be, and is hereby, reversed; and that the said Exception be, and is hereby, allowed: And it is further Ordered, That the said Court of Exchequer do give proper Directions, that an Allowance be made to the Appellant accordingly, in taking the Accompt directed: And it is hereby also Ordered and Adjudged, That the said Order of the Seventh of December, as to all the Appellant's other Exceptions, together with the rest of the Proceedings of the said Court in the said Appeal complained of, be, and the same are hereby, affirmed.

King's Answer to Address for Articles of War, &c.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty their Lordships Address of Yesterday; and that His Majesty was pleased to say, He would forthwith give Directions to the proper Officers, that the Articles of War and List of Officers, therein desired, should be laid before the House."

Articles of War and List of Officers delivered.

The House being informed, "That a Person from the Secretary at War attended:"

He was called in; and delivered; at the Bar, "A Copy of the Articles of War, as the same were established by His Majesty in the Year 1723, were continued the last Year, and are intended to be in Force during the present Year."

Also, "A Lift of the late Promotion of the Officers in the Army, containing such of the said Officers as were in His Majesty's Service, or in Half Pay, before the said Promotion, &c."

And then he withdrew.

Referred to the Committee of the whole House.

And the Titles of the said Articles and List, being read by the Clerk, were ordered to be referred to the Committee of the whole House to whom the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," stands committed.

Mutiny and Desertion Bill:

Then the House (according to Order) was adjourned during Pleasure, and put into a Committee upon the said Bill.

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 Bill; and directed him to report the same to the House, without any Amendment."

Redeeming Annuities at the Bank, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for redeeming sundry Annuities transferrable at the Bank of England, and the Annuities payable on Standing Orders for Army Debentures, by the Produce of the Sinking Fund; for applying to the same Fund the Money remaining in the Exchequer on the Head of the Bankers Debt, and making Provision for future Claims on the same Debt; and for applying the Lottery Tickets Anno 1726, which were returned into the Exchequer, to the discharging the Standing Orders made out for the Susserers of Nevis and St. Christophers, as far as the same will extend."

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

Message from H. C. to return the Bill for enclosing Lands in Little Rissington.

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

To return the Bill, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, the Lands in the Common Fields, Common Meadows, Mowing Ground, Pasture, or Feeding Grounds, and all other the Lands lying Open, in the Parish of Little Risington, in the County of Gloucester;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Dorset's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable an Exchange to be made between Lionel Duke of Dorset, and the Trustees of Henry Smith Esquire, deceased, of Sixteen Acres Seventeen Perches and an Half of Land and Coppice, lying near Knole Park, in the County of Kent, of the Value of Eight Pounds per Annum, for a Rent Charge of Ten Pounds a Year, Part of a Fee-farm Rent of Forty Pounds per Annum, out of the Manor of Heddington, with the Hundred of Bullingdon, in the County of Oxford," was committed: That they had considered the said Bill; and that the Committee had gone through the same, with some Amendments."

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

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

Breton's Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Moyle Breton Esquire in Trustees, to be sold, for raising Three Thousand Pounds, charged on other Part of the same Estate; and for other the Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, with some Amendments."

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

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

Pensilvania, importing Salt, Bill.

A Message was brought from the House of Commons, by Sir Richard Hopkins and others:

With a Bill, intituled, "An Act for importing Salt from Europe into the Province of Pensilvania, in America;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Order, referring Cary's Petition to Committee, discharged.

The House was informed, "That, on the Tenth Instant, a Petition of Nicholas Cary and Thomas How, Bond Creditors of Sir Redmond Everard Baronet, was read, and referred to the Lords Committees to whom the Bill for vesting certain Lands in Ireland, the Estate of the said Sir Redmond Everard, in Trustees, to be sold, stands committed; and that the Petitioners were now satisfied in relation to the Matter of their Petition, and did not intend to proceed thereupon."

It is Ordered, That the said Order, for referring the said Petition to the Committee, be, and is hereby, discharged.

Addington Rectory, Exchange of Lands, Bill:

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging the Tithe and Glebe Lands of and belonging to the Rectory of the Church of Addington, in the County of Bucks, for other Lands in Addington aforesaid, to be settled on the Rector of the said Church and his Successors, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill; and that the Committee had gone through the same, with some Amendments."

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

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

Deverley Beck, Creek to cleanse, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for cleansing, deepening, and widening, a Creek called Beverley Beck, running into the River Hull; and for repairing the Staithes near the said Beck; and for amending the Roads leading from the said River to the Town of Beverley, in the East Riding of the County of York; and for cleansing the Streets of the said Town."

"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. Yard:

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

Poor of Gloucester Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing Part, and making more effectual the Residue, of an Act of Parliament made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for incorporating certain Persons, for the better providing for, and setting at Work, the Poor of the City of Gloucester."

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. John Bennet and Mr. Yard:

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

E. of Anglesey versus Ram:

The House was informed, "That a Person attended at the Door, with several Papers and Proceedings, in the Cause wherein Arthur Earl of Anglesey is Appellant, and Abel Ram Esquire Respondent."

Papers proved.

And thereupon Mr. Hyacinth Chevers, being called in, and sworn; he delivered in, at the Bar, the said several Papers and Proceedings; and attested, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

Burke et al. peremptorily to answer Donnellan's Appeal.

The House was also informed, "That Miles Burke and Annable his Wife, John M'Hugo and Mary his Wife, and John Lenan and Christian his Wife, who, by Order of this House of the First of February last, were required to put in their Answer or respective Answers to the Appeal of Joseph Donellan Gentleman, Margaret his Wife, and John French Esquire, on or before the Eighth Day of March following, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon the said Hyacinth Chevers being called in, and examined, upon Oath, touching the said Service:

And being withdrawn:

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Preservation of the River Wear, Bill.

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

With a Bill, intituled, "An Act for making more effectual an Act, passed in the Third Year of His Majesty's Reign, intituled, An Act for the Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham;" 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 Jovis, vicesimum tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 23^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Errington versus Ridley and Fenwick et al.

This Day the Answer of Richard Ridley and Nicholas Fenwick Esquires:

As also, the Answer of Thomas Errington of Capheaton Gentleman, to the Appeal of William Errington Gentleman;

Were brought in.

Preservation of the River Wear, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual an Act, paffed in the Third Year of His Majesty's Reign, intituled, An Act for the Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham."

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.

Pensilvania, importing Salt, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for importing Salt from Europe, into the Province of Pensilvania in America."

Ordered, that the said Bill be committed to the Consideration of the Lords Committees beforenamed:

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

D. Dorset's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable an Exchange to be made, between Lionel Duke of Derset, and the Trustees of Henry Smith Esquire, deceased, of Sixteen Acres Seventeen Perches and an Half of Land and Coppice, lying near Knole Park, in the County of Kent, of the Value of Eight Pounds per Annum, for a Rent Charge of Ten Pounds a Year, Part of a Fee-farm Rent of Forty Pounds per Annum, ont of the Manor of Heddington, with the Hundred of Bullingdon, in the County of Oxford."

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

It was Resolved in the Affirmative.

Breton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Moyle Breton Esquire in Trustees, to be sold, for raising Three Thousand Pounds, charged on other Part of the same Estate; and for other the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Hodie 3^a vice lecta est Billa, intituled, "An Act for exchanging the Tithes and Glebe Lands of and belonging to the Rectory of the Church of Addington, in the County of Bucks, for other Lands in Addington aforesaid, to be settled on the Rector of the said Church and his Successors; and for other Purposes therein mentioned."

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 severally sent to the House of Commons, by Mr. John Bennet and Mr. Masham:

To carry down the Three last mentioned Bills, and desire their Concurrence thereunto.

Segrave versus Ryan.

After hearing Counsel in Part, upon the Petition and Appeal of Mary Segrave Widow; complaining of an Order of the Court of Chancery in Ireland, made the Eighteenth Day of June 1724, in a Cause wherein the Appellant was Plaintiff, and Dominick Ryan Apothecary in Dublin Defendant; as also upon the Answer of the said Dominick Ryan put in to the said Appeal:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock precisely.

Redeeming Annuities at the Bank, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intuled, "An Act for redeeming sundry Annuities, transferrable at the Bank of England, and the Annuities payable on Standing Orders for Army Debentures, by the Produce of the Sinking Fund; for applying to the same Fund the Money remaining in the Exchequer on the Head of the Bankers Debt, and making Provision for future Claims on the same Debt; and for applying the Lottery Tickets Anno 1726, which were returned into the Exchequer, to the discharging the Standing Orders made out for the Sufferers of Nevis and St. Christophers, as far as the same will extend."

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 Bill; and directed him to report the same to the House, without any Amendment."

Mutiny and Desertion, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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. Masham:

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

Rand's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Two undivided Third Parts of the Manor of Weeton, and other Lands in Holderness, Part of the settled Estate of Thomas Rand Gentleman; and for applying the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses," was committed: "That they had considered the said Bill, and found the Allegations thereof 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.

D Manchester's Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act to vest several Rectories, Parsonages, Churches, and Chapels, of Breamore, South Charford, Hale, Rockbourn, Whitsbury, and Quidesley, with the Glebe Lands and Appurtenances thereunto belonging, in new Trustees, to put in Execution certain Trusts and Powers contained in an Indenture dated the Fifteenth of May One Thousand Six Hundred and Eighty-three," was committed: "That they had considered the said Bill, and gone through the same, with some Amendments."

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

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

Mr Cardonell versus Ld. Kenmate's Bill.

Upon reading the Petition of James Cardonell Esquire; praying to be heard, by his Counsel, against the Bill, intituled, "An Act for Sale of Part of the Estate of Valentine Browne Esquire, commonly called Lord Kenmare in the Kingdom of Ireland, for Payment of Debts and Incumbrances affecting the same," before the said Bill do pass:

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 be at Liberty to be heard, by his Counsel, before the said Committee; as also that Counsel may be heard for the Bill, before their Lordships, at the same Time.

Heirs at Law of Sir John Cats, Petition referied to Committee.

Upon reading the Petition of Mary Slater Widow, and Benjamin Glanfield of Limehouse in the Parish of St. Dunstan, Stepney, in the County of Middlesex, Millwright, and Sarah his Wife, which said Mary and Sarah are the Heirs at Law of Sir John Cass late of Hackney in the same County, deceased; praying, "That their Claim to the Estate of the said Sir John Cass may be preserved to them:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the Bill, intituled, "An Act for making the Will of Sir John Cass Knight, deceased, effectual," stands committed.

Preston et al. peremptorily to answer Cunningham's Appeal.

The House was informed, "That George Preston, John Dundas, John Wilkie, and others, who, by Order of this House, of the Twenty-second of February last, were required to put in their Answer or respective Answers to the Appeal of Henry Cuninghame of Buquhan Esquire, on or before the Two and Twentieth of this Instant March, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of Duncan Fisher, Writer in Edinburgh, of the due Service of the said Order, being read:

It is Ordered, That the Respondents to the said Appeal do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Chesman et Ux versus Nainby.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, where David Chesman and Elizabeth his Wife are Plaintiffs, and Margery Nainby Widow is Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on the First vacant Day for Causes after those already appointed.

Adjourn.

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

DIE Veneris, 24^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Preservation of the River Wear, Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act passed in the Third Year of His Majesty's Reign, intituled, "An Act for the Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And, the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Pensilvania, importing salt, Bill:

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for importing Salt from Europe into the Province of Pensilvania, in America," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Redeeming Annuities at the Bank, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for redeeming sundry Annuities transferrable at the Bank of England, and the Annuities payable on the Standing Orders for Army Debentures, by the Produce of the Sinking Fund; for applying to the same Fund the Money remaining in the Exchequer on the Head of the Bankers Debt, and making Provision for future Claims on the same Debt; and for applying the Lottery Tickets, Anno 1726, which were returned into the Exchequer, to the discharging the Standing Orders made out for the Sufferers of Nevis and St. Christophers, as far as the same will extend."

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 Three preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. John Bennet and Mr. Masham:

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

Rich versus Beaumont et al.

Upon reading the Petition and Appeal of Aymor Rich Gentleman; complaining of a Decree of Dismission of the Court of Chancery, of the Eleventh of February last, in a Cause wherein the Petitioner was Plaintiff, and George Beaumont Gentleman, Gertrude, Jane, Elizabeth, and Sarah Grammer, Insants, by their Guardians, and Heyrick Athorpe, John Wadsworth Clerk, and Samuel Shore, were Defendants; and praying, "That the same may be reversed:"

And it appearing that the said Decree was not entered till the Eleventh Instant:

It is Ordered, That the said George Beaumont and the other Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Seventh Day of April next.

Segrave versus Ryan.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mary Segrave Widow; complaining of an Order of the Court of Chancery in Ireland, made the Eighteenth Day of June, One Thousand Seven Hundred and Twenty-four, in a Cause wherein the Appellant was Plaintiff, and Dominick Ryan Apothecary in Dublin Defendant; and praying, "That the same may be reversed, and the Verdict obtained upon the Trial had pursuant to the said Order may be set aside:" As also upon the Answer of the said Dominick Ryan put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order affirmed, with a Declaration.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order complained of in the said Appeal be, and is hereby, affirmed; with this Variation, "That whereas the Respondent, since the said Order, hath recovered Judgement in Ejectment and Possession, it is hereby Declared, That the Appellant is at Liberty to bring an Ejectment in her own Name, or her Trustee, in order to recover Possession of the Premises in Question; but the Respondent to continue in Possession in the mean Time; and that the Respondent shall not set up any Mortgage in Bar of the Appellant's Title."

The House was adjourned during Pleasure, to robe.

The House was resumed.

King presents

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, fitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Deputy Gentleman Usher of the Black Rod to let the House of Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Bill, touching the Sinking Fund, to be passed, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for redeeming sundry Annuities, transferrable at the Bank of England, and the Annuities payable on Standing Orders for Army Debentures, by the Produce of the Sinking Fund; for applying to the same Fund the Money remaining in the Exchequer on the Head of the Bankers Debt, and making Provision for future Claims on the same Debt; and for applying the Lottery Tickets, Anno 1726, which were returned into the Exchequer, to the discharging the Standing Orders made out for the Sufferers at Nevis and St. Christophers, as far as the same will extend."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"3. An Act for importing Salt from Europe into the Province of Pensilvania, in America."

"4. An Act for cleansing, deepening, and widening, a Creek called Beverley Beck, running into the River Hull; and for repairing the Staithes near the said Beck; and for amending the Roads leading from the said River, to the Town of Beverley, in the East Riding of the County of York; and for cleansing the Streets of the said Town."

"5. An Act for making more effectual an Act, passed in the Third Year of His Majesty's Reign, intituled, An Act for the Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy le veult."

"6. An Act for exchanging, enclosing, and reducing into Severalty, the Lands in the Common Fields, Common Meadows, Mowing Ground, Pasture, and Feeding Grounds, and all other the Lands lying Open, in the Parish of Little Rissington, in the County of Gloucester."

"7. An Act to enable Thomas Brodnax Esquire, and the Heirs and Issue of his Body, to take and use the Surname of May."

"8. An Act to enable Charles Nicoll, alias Gounter, Esquire, and his Issue Male, to take and use the Surname of Nicoll, pursuant to the Deed of Settlement of William Nicoll Esquire, deceased."

"9. An Act for enabling John Disbrow Gentleman, and his Issue, to take and use the Surname of Spencer."

"10. An Act for naturalizing Abraham Lindberg and others."

"11. An Act for naturalizing. Louis Aubert Duplessis."

"12. An Act for naturalizing Lewis Guillemau."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Sir Redmond Everard's Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Manors, Lands, and Hereditaments, in the Kingdom of Ireland, the Estate of Sir Redmond Everard, in Trustees, to be sold, for raising Money to discharge Incumbrances affecting the same, and for other Purposes," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; 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.

Yale's Bill:

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Real Estate, late of Elihu Yale Esquire, deceased, in the County of Denbigh, in Trustees, to be sold; and applying One Third Part of the Monies arising by Sale thereof, according to the Will of Ursula Yale his Daughter, deceased, and the other Two Thirds for the Benefit of his Two other Coheirs," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the same, with some Amendments."

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

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

D. Manchester's Bills

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the several Rectories, Parsonages, Churches, and Chapels, of Breamore, South Charford, Hale, Rockbourn, Whitsbury, and Quidesley, with the Glebe Land and Appurtenances thereunto belonging, in new Trustees, to put in Execution certain Trusts and Powers contained in an Indenture dated the Fifteenth Day of May One Thousand Six Hundred and Eighty-three."

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

It was Resolved in the Affirmative.

Rand's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Two undivided Third Parts of the Manor of Weeton, and other Lands in Holderness, Part of the settled Estate of Thomas Rand Gentleman; and for applying the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses."

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

It was Resolved in the Affirmative.

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

And Messages were severally sent to the House of Commons, by Mr. John Bennet and Mr. Masham:

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

Daly peremptorily to answer Eyre's Appeal.

The House was informed, "That Laughlin Daly, who, by Order of this House of the First of February last, was required to put in his Answer to the Appeal of John Eyre Esquire on or before the Eighth Day of this Instant March, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of William Red of the City of Dublin Gentleman, of the due Service of the said Order, being read:

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a Week.

Adjourn.

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

DIE Lunæ, 27^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Lovat versus Mackenzie.

This Day the Answer of Kenneth Mackenzie Writer in Edinburgh, to the Appeal of Simon Lord Lovat, was brought in.

Turnour's Bill.

The Earl of Scarsdale reported from the Lords Committees to whom the Bill, intituled, "An Act to vest the Manors of Great Hallingbury and Little Hallingbury, Wallbury, and Monkbury, and the Forest or Chace in the Parish of Hatfield, in the County of Essex, and also the Manor or Lordship of Bluntshall (fn. 1) in the County of Suffolk, and the Manor or Lordship of Winterton in the County of Norfolk, in Trustees to be sold, for the Payment of the Debts to which the same are subject by Virtue of the Will of Sir Edward Turnour Knight, deceased; and for laying out the Surplus of the Money, if any, arising by such Sale, in the Purchase of Lands, to be settled to the Uses mentioned in the Will of the said Sir Edward Turnour," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the said 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.

Lady Cass's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for making the Will of Sir John Cass Knight, deceased, effectual," was committed: "That they had considered the said Bill, as also the Petition of the Heirs at Law of the said Sir John Cass; 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.

Norton's Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Real and Personal Estate of William Norton Esquire, deceased, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the same, with some Amendments."

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

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

Goulston's Bill.

The Lord Bishop of Norwich likewise reported from the Lords Committees to whom the Bill, intituled, An Act for repealing a Power of Revocation in the Settlement made on the Marriage of Francis Goulston Esquire; and for establishing and vesting a new Power instead thereof," was committed: "That they had considered the said Bill, and gone through the same, with some Amendments."

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

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

Hucklecott Common Fields, to enclose, Bill.

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

With a Bill, intituled, "An Act for enclosing the Common Fields in Hucklecott, in the Parish of Churchdowne, in the County of Gloucester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Middleton peremptorily to answer Roberts's Appeal.

The House was informed, "That Philip Middleton Merchant, who, by Order of this House of the Fourth Instant, was required to put in his Answer to the Appeal of John Roberts Esquire on or before the Eighteenth of the same Month, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of John Iles, of the personal Service of the said Order, being read:

It is Ordered, That the said Philip Middleton do peremptorily put in his Answer to the said Appeal in a Week.

Dutchess Dowager of Marlborough & al versus Guidott:

Upon reading the Petition and Appeal of Sarah Dutchess Dowager of Marlborough, Francis Earl of Godolphin, William Clayton Esquire, and John Hanbury Esquire, the Four acting Executors of the last Will and Testament of John late Duke of Marlborough, and others; complaining of a Decree of the Court of Chancery, of the Fifteenth Day of November last, in a Cause wherein the Petitioners were Plaintiffs, and William Guidott Esquire and others were Defendants; and praying, That the same may be reversed, and varied in several Particulars; and that the said Defendant Guidott may accompt for, and pay to the Petitioners, the Rents and Profits of Sir William Gostwick's Estate, received by Christopher Widmore, the Sum of Three Hundred Pounds, received of the Duke of Grafton, with Interest from the Time of receiving the same; and also Interest for the several Sums of Four Hundred and Twenty Pounds, and One Hundred and Fifty Pounds, from the respective Times of the Receipt thereof; and likewise that the said Defendant may pay the Costs of the Suit in Chancery:"

And thereupon Mr. John Waller, being called in, and sworn, acquainted the House, "That the said Decree was not entered till Thursday last."

It is Ordered, That the said William Guidott may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Tenth Day of April next.

Mr. Waller to enter into Recognizance for the Appellants.

The House being moved, "That John Waller of Lincoln's Inne Gentleman may be permitted to enter into a Recognizance for Sarah Dutchess Dowager of Marlborough and others, on account of their said Appeal:"

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

Meynell & al. versus Moore:

After hearing Counsel, upon the Petition and Appeal of Sarah Meynell, Widow and Relict of Lawrence Crabb, her First Husband, deceased, and also Widow and Relict of Richard Meynell her Second Husband, also deceased, and Isaac Crabb Eldest Son of the said Lawrence Crabb; complaining of an Order of the Court of Chancery, of the Eighteenth of April 1724, by which the Appellants Exceptions to the Master's Report were overruled, and the said Report confirmed, in a Cause wherein George Moore of London Merchant was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed, and the Master's Report varied accordingly:" As also upon the Answer of the said George Moore put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order reversed in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Order of the Court of Chancery, as over-rules the Appellants Third Exception to the Master's Report, be, and is hereby, reversed; and that the said Exception be, and is hereby, allowed; and that the said Report be varied according to this Judgement: And it is hereby further Ordered and Adjudged, That the said Order, as to the Appellants other Exceptions, be, and the same is hereby, affirmed.

Causes put of.

Whereas To-morrow is appointed, for hearing the Cause, wherein Elizabeth Dutchess of Hamilton is Appellant, and James Duke of Hamilton and Brandon Respondent:

It is Ordered, That the Hearing the said Cause be adjourned to Wednesday next; and that the Three Appeals of the Suitors of the Court of Chancery, touching the Disallowance of Interest for Money lodged in that Court, which were appointed to be peremptorily heard on that Day, be heard peremptorily on Thursday next.

Attorney General & al for Godfrey & al. to attend; and Book and Accompts to be produced.

Upon reading the Petition of His Majesty's Attorney General, at the Relation of Robert Nicholson and others; praying, "That Mr. Godfrey, Mr. Christopher Appleby, and Mr. Holden, may be ordered to attend this House, in Person, on hearing the Appeal wherein the Petitioners are Appellants, and His Majesty's Serjeant at Law is Respondent; and that the said Mr. Godfrey's Book, his Letter to the said Mr. Holden, and the several Accompts and Proceedings read on hearing the Appellant's Petition preferred to the Lord Chancellor the Fifth of December last, may be produced at the Hearing the said Appeal in this House:"

It is Ordered, That the several Persons abovenamed do attend in Person, at the Hearing the said Appeal; and that the said Book, Letter, and the several Accompts and Proceedings, be produced at the said Hearing, according to the Prayer of the said Petition.

Brown, commonly called L. Kenmare's Bill.

The Lord Waldegrave reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Valentine Browne Esquire, commonly called Lord Kenmare in the Kingdom of Ireland, for Payment of Debts and Incumbrances affecting the same," was committed: "That they had considered the said Bill; and heard Counsel upon the Petition of James Cardonnell Esquire, to them referred; as also Counsel for the Bill; and had gone through the same, with some Amendments."

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

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

Conyers's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Conveyance of the Manor of the Rectory of Great Stoughton, in the County of Huntingdon, unto Sir Baldwyn Conyers Baronet, in Exchange for an Annuity granted by him to the Vicar of Great Stoughton aforesaid, and his Successors," was committed: "That they had considered the said Bill; and gone through the same, with One Amendment."

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

Ordered, That the said Bill, with the Amendment, be engrossed.

Adjourn.

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

DIE Mercurii, 29^o Martii.

Domini tam Spirituales quam Temporales præsenses fuerunt:

PRAYERS.

E. of Anglesey versus Ram.

This Day the Answer of Abel Ram Esquire, to the Appeal of Arthur Earl of Anglesey, was brought in.

Turnour's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Manors of Great Hallingbury and Little Hallingbury, Wallbury, and Monkbury, and the Forest or Chace in the Parish of Hatfield, in the County of Essex; and also the Manor or Lordship of Bluntshall in the County of Suffolk, and the Manor or Lordship of Winterton in the County of Norfolk, in Trustees, to be sold, for the Payment of the Debts to which the same are subject by Virtue of the Will of Sir Edward Turnour Knight, deceased; and for laying out the Surplus of the Money, if any, arising by such Sale, in the Purchase of Lands, to be settled to the Uses mentioned in the Will of the said Sir Edward Turnour."

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

It was Resolved in the Affirmative.

Yale's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Real Estate late of Elihu Yale Esquire, deceased, in the County of Denbigh, in Trustees, to be sold; and applying One Third Part of the Monies arising by Sale thereof, according to the Will of Ursula Yale his Daughter, deceased; and the other Two Thirds for the Benefit of his Two other Coheirs."

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

It was Resolved in the Affirmative.

Sir Redmond Everard's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Manors, Lands, and Hereditaments, in the Kingdom of Ireland, the Estate of Sir Redmond Everard Baronet, in Trustees, to be sold, for raising Money, to discharge Incumbrances affecting the same; and for other Purposes."

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

It was Resolved in the Affirmative.

Goulston's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing a Power of Revocation in the Settlement made on the Marriage of Francis Goulston Esquire; and for establishing and vesting a new Power instead thereof."

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

It was Resolved in the Affirmative.

Lady Cass's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Will of Sir John Cass Knight, deceased, effectual."

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

It was Resolved in the Affirmative.

Brown, commonly called L Kenmare's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Valentine Browne Esquire, commonly called Lord Kenmare in the Kingdom of Ireland, for Payment of Debts and Incumbrances affecting the same."

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

It was Resolved in the Affirmative.

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

And Messages were severally sent to the House of Commons, by Mr. Kinaston and Mr. Masham:

To carry down the Six last mentioned Bills, and desire their Concurrence thereunto.

Southcott's Bill.

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Manors of Albury and Chaldon, and other Lands, in the County of Surrey, Part of the Estate of John Southcott Esquire, for the Purposes therein mentioned; and for settling the Capital Messuage of Witham Place, and other Lands, in the County of Essex, of the same Value, Part of the Estate of Sir Edward Southcott Knight, Father of the said John Southcott, to the like Uses," was committed: "That they had considered the said Bill, and found the Allegations thereof 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.

Message from H C. with Bills.

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

With a Bill, intituled, "An Act for the effectual Draining and Preservation of Haddenham Levell, in the Isle of Ely;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Richard Hopkins and others:

With a Bill, intituled, "An Act for the more equal paying and better collecting certain small Sums of Money, for the Relief of Shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Dominions of the Great Duke of Tuscany; and for other pious and charitable Purposes, usually contributed to by the Merchants trading to Leghorn;" to which they desire the Concurrence of this House.

Dutchess of Hamilton versus Duke of Hamilton:

After hearing Counsel, upon the Petition and Appeal of Elizabeth Dutchess of Hamilton; complaining of an Interlocutory Order of the Lords of Session in Scotland, of the Eighth Day of December 1724, made in a Cause wherein the Appellant was Plaintiff, and James Duke of Hamilton Defendant; and praying, "That the said Order may be reversed; and that the said Duke may make good the Appellant's Jointure One Thousand Five Hundred Pounds per Annum Sterling; and that she may enjoy the same during her Life, together with all the Rights, Privileges, Jurisdictions, and other Advantages, belonging thereto:" As also upon the Answer of the said Duke of Hamilton and Brandon put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutory Order 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 Interlocutory Order therein complained of be, and the same is hereby, affirmed.

Shipwiecked Mariners, Relief, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more equal paying and better collecting certain small Sums of Money, for the Relief of shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Dominions of the Great Duke of Tuscany; and for other pious and charitable Purposes, usually contributed to by the Merchants trading to Leghorn."

Ordered, That the said Bill be read a Second Time on this Day Fortnight; and the Lords to be summoned.

Harrison versus Hart and Franks:

The House being moved, "That the proper Officer of the Court of Exchequer may attend, at the Hearing the Cause wherein Thomas Harrison Esquire is Appellant, and Moses Hart and Isaac Franks are Respondents, with the Two Records of the said Franks's Answer in that Court:"

Officer to attend, with Records.

It is Ordered, That the proper Officer of the said Court do attend this House, at the Hearing the said Cause, with the said Two Records, as desired.

Adjourn.

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

DIE Jovis, 30^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Donnellan versus Burke & al.

This Day the Answer of Miles Burke and Annable his Wife, and others, to the Appeal of Joseph Donnellan Gentleman:

Rich versus Beaumont & al.

Also, the Answer of George Beaumont Gentleman, and of Gertrude, Jane, Elizabeth, and Sarah Grammer, by the said George Beaumont their Guardian, to the Appeal of Amor Rich Gentleman:

White & al. versus E. of Granard.

As also, the Answer of Arthur Earl of Granard, One of the Respondents to the Appeal of John White, John Crofton, and Bridget Maguire;

Were brought in.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir William Thompson and others:

With a Bill, intituled, "An Act to enforce the Laws for Transportation of Felons, and for preventing their Return to Great Britain; and for carrying on Criminal Prosecutions at the Expence of the County where the Offence is committed;" to which they desire the Concurrence of this House.

Wall's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of John Wall, for Payment of Debts; and for settling other Part of his Estate for the Education and Maintenance of his only Son, was committed: "That they had considered the said Bill, and found the Allegations thereof 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.

Sainthill's Bill.

Also, the Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for settling certain Lands and Tenements of Edward Sainthill the Elder Esquire, therein mentioned, pursuant to an Agreement made on the Marriage of Edward Sainthill his Son with Frances the Daughter of Sir Walter Yonge Baronet," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; 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.

Dunne's Bill.

The Lord Bishop of Norwich likewise reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Daniel Dunne Esquire, by Sale or Mortgage of Part of his Estate, to raise Money, to pay off and discharge the Portions of his Brothers and Sister, and a Mortgage of One Thousand Eight Hundred Seventy-seven Pounds, affecting the same," was committed: "That they had considered the said Bill, and found the Allegations thereof 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.

Barnes & al. versus Otway. Erle & al. versus Otway:

The House being moved, "That Friday the One and Twentieth Day of April next may be appointed, for arguing the Errors assigned upon Two Writs of Error depending in this House, wherein Benjamin Barnes and Christopher Frederick Kreinberg are Plaintiffs, and Charles Otway is Defendant, and wherein Thomas Erle and George Pepper are Plaintifts, and the said Charles Otway is Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on the said One and Twentieth Day of April next, after hearing the Cause wherein John Orlebar Esquire is Appellant, and Nicholas Paxton and Edward Conway Esquire are Re spondents, which stands peremptorily for an Hearing on that Day.

Governors of Bridewell, &c. versus Pugh & Ux.

Upon reading the Petition and Appeal of the Mayor, Commonalty, and Citizens, of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospitals of Edward the Sixth, late King of England, of Christ, Bridewell, and St. Thomas the Apostle; complaining of an Order of the Court of Chancery, of the Fourteenth Day of this Instant March, whereby the Injunction obtained by the Petitioners, to stay the Defendants Evan Pugh and Mary his Wife from committing Waste, is dissolved; and praying, "That the same may be reversed:"

And it appearing, by the Deputy Register's Certificate, that the said Order was not entered till the Twentieth Instant:

It is Ordered, That the said Evan Pugh and Mary his Wife may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Thursday the Thirteenth Day of April next.

Mr. Snell to enter into Recognizance for the Appellants.

The House being moved, "That William Snell Gentleman, the Appellants Agent, may be permitted to enter into a Recognizance for the said Appellants, on account of their said Appeal:"

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

Johnson & al. Pet. versus Ward & al.

Upon reading the Petition and Appeal of Margaret Johnson, Widow and Executrix of Charles Johnson deceased, Arthur Collier and Margaret his Wife, which said Charles Johnson and Margaret Collier were Two of the Children of Nicholas Johnson, deceased; complaining of an Order of the Court of Chancery, of the Twenty-second Day of February last, whereby the Petitioners Petition was dismissed; and praying, "That this House will make such Order, or give such further Directions, for the Petitioners Relief, as their Lordships shall think fit:"

And it appearing, that the said Order was not entered till Yesterday:

It is Ordered, That John Ward and Henry Fenn may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Thirteenth Day of April next.

Southcott's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Albury, in the Parish of Mostham, and the Manor of Chaldon, and other Lands, in the County of Surrey, Part of the Estate of John Southcott Esquire, for the Purposes therein mentioned; and for settling the Capital Messuage of Witham Place, and other Lands, in the County of Essex, of the same Value, Part of the Estate of Sir Edward Southcott Knight, Father of the said John Southcott, to the like Uses."

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

It was Resolved in the Affirmative.

Conyers's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming a Conveyance of the Manor of the Rectory of Great Stoughton, in the County of Huntingdon, unto Sir Baldwyn Conyers Baronet, in Exchange for an Annuity granted by him to the Vicar of Great Stoughton aforesaid, and his Successors."

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

It was Resolved in the Affirmative.

Norton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Real and Personal Estate of William Norton Esquire, deceased, in Trustees, for the Purposes therein mentioned."

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 severally sent to the House of Commons, by Mr. Lightboun and Mr. Masham:

To carry down the Three last mentioned Bills, and desire their Concurrence thereunto.

Haddenham Level, to dram, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the effectual Draining and Preservation of Haddenham Levell, in the Isle of Ely."

Price versus Baker & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Anne Price Widow is Appellant, and Thomas Baker and Watkin Williams Wynne are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

E. of Granard versus L. Forbes & al.

Upon reading the Petition and Appeal of Arthur Earl of Granard in the Kingdom of Ireland; complaining of several Orders, Proceedings, and Decrees, of the Court of Chancery in the said Kingdom, of the Twenty-eighth Day of February 1725, in certain Causes, wherein John White Esquire, John Crofton Gentleman, and Bridget Maguire Widow, were Plaintiffs, and the Petitioner, and George Lord Forbes, Richard Nutley, Robert Doyne, Esquires, and others, were Defendants; and wherein the said George Lord Forbes was Plaintiff, and the said White, Crofton, and Maguire, were Defendants; and praying, "That so much of the Decree as dismissed the Plaintiffs Bill, and all other the Proceedings which in the Consequence of them may tend to the Petitioner's Prejudice, may be reversed, and the Original Bill retained for that Purpose; and that the Defendants the Lord Forbes and his Trustees may be obliged specifically to execute Articles, according to the Prayer of the said Original Bill, in such Manner as the Petitioner would have been compelled to have done, had he never conveyed his Interest to the said Lord Forbes:"

It is Ordered, That the said George Lord Forbes, Robert Doyne, Richard Nutley, John White, John Crofton, and Bridget Maguire, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Fourth Day of May next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.

Transportation of Felons, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enforce the Laws for Transportation of Felons, and for preventing their Return to Great Britain; and for carrying on Criminal Prosecutions at the Expence of the County where the Offence is committed."

Lochman & Ux. versus Attorney General: Sutton & al. versus Attorney General:

After hearing Counsel, upon the Petition and Appeal of Ascamus Christopher Lochman Esquire and Elizabeth his Wife; as also upon the Petition and Appeal of Prideaux Sutton Clerk, Mercy Sheldon Spinster, and Giles Lawrence Gentleman, Executor and Residuary Legatee of Wimfred Sheldon, deceased; complaining of Two Orders made by the Court of Chancery, the Eighth of September and Twenty-first of October last, refusing an Allowance of Interest to the Appellants for Money paid into the Hands of Mr. Dormer, One of the late Masters of the Court of Chancery; and praying such Relief as to the House shall seem just: As also upon the Answers of His Majesty's Attorney General put in to the said Appeals; 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 so much of the said Orders complained of in the said Appeals as declares, "That no Interest is to be allowed, for the Money in this Cause, from the Ninth of September One Thousand Seven Hundred and Twenty," be, and is hereby, reversed; and that for the Money in this Cause in Mr. Dormer's Hands on the Ninth of September One Thousand Seven Hundred and Twenty which appears by the Master's Report to have been Eleven Thousand Eight Hundred Fifty-nine Pounds, Thirteen Shillings, and Nine Pence, Interest be computed, at Three Pounds per Centum per Annum, till the next Period of Time when any Sum of Money was paid out to the Parties in Part of their Demand; and then, deducting such Payment out of the Principal and Interest then due, to carry on the Computation of Interest for the Residue, at Three Pounds per Centum per Annum, to such other Periods of Time as other Sums were paid out to the Parties in Part of their Demand; and, upon such Computations of Interest and Deduction for Payments, to ascertain what was due, for Principal and Interest, on the Twenty-first Day of October One Thousand Seven Hundred and Twenty-six, when Seven Thousand Four Hundred and Eleven Pounds, Twelve Shillings, and One Penny, was ordered by the said Court of Chancery to be invested in South Sea Annuities in this Cause; and what shall appear to be due for such Principal and Interest, over and above the said Seven Thousand Four Hundred and Eleven Pounds, Twelve Shillings, and One Penny, shall be a further Charge on the Office of Mr. Dormer in this Cause; and that Credit be given to this Cause in the Bank for the same; and that the said Court of Chancery do give proper Directions for the Execution of this Judgement.

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein His Majesty's Attorney General, at the Relation of the Archbishop of Cashell and others, are Appellants, and His Majesty's Serjeant at Law is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned to Monday next come Sevennight; and the other Causes to come on in Course, as they stand appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem Aprilis jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.