House of Lords Journal Volume 24: May 1732, 1-10

May 1732, 1-10

DIE Lunæ, 1^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Paterson against Graham.

The Answer of Richard Graham, to the Appeal of Thomas Paterson Esquire, was brought in.

Bp. of Ely against Dr Bentley, in Error.

Ordered, That the Judges do attend this House, on Thursday next, at the arguing the Errors assigned upon a Writ of Error, wherein Thomas Lord Bishop of Ely is Plaintiff, and Doctor Richard Bentley Defendant.

Conference to be desired, on the Bill concerning late Earl of Derwentwater's Estate.

The House being moved, "To revive the Committee appointed on Friday last, to inspect Precedents of Proceedings on Bills of like Nature with that then brought up from the House of Commons, for making void the several Contracts for Sale of the Estate of James late Earl of Derwentwater, in order to consisider the proper Method of proceeding."

The Report made from a Committee, the 26th of April 1729, appointed to search Precedents of Proceedings on Bills of like Nature with that to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of The Fleet, was read:

As likewise, the Proceeding in this Session, upon the Bill to encourage and compel George Robinson and John Thomson to appear.

And thereupon it is Ordered, That a Conference be desired with the House of Commons, to the End that the Grounds upon which the Bill relating to the Sale of the Estate of the late Earl of Derwentwater proceeded in that House might appear the more plainly to the Lords.

Then the Lords following were appointed a Committee, to prepare what shall be offered to the Commons, at the Conference:

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.

Vernon & al. against City of Dublin.

Upon reading the Petition and Appeal of John Vernon Esquire, Thomas Begg, Hugh Begg, John Maxfield, John Keating, Michael St. Laurence, John Waring Junior, Anne Edwards, Jane Gaffney, Elizabeth Gallagher, Mary Bath, and Hester Bath; complaining of Two Orders of the Court of Chancery in Ireland, of the Third and Sixteenth of March last, made in a Cause wherein the Lord Mayor, Sheriffs, Commons, and Citizens, of the City of Dublin, and Humphry French Alderman, were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs; and that the Recognizance entered into by the Appellant Vernon and his Sureties, pursuant to an Order of the said Court of the 28th of November 1729, may be vacated:"

It is Ordered, That the said Plaintiffs 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 Monday the 5th Day of June next; and that Service of this Order on the Respondents Six Clerk in the said Court of Chancery in Ireland be deemed good Service.

D. of Argyll against Creditors of Campbell.

The House being moved, "That a Bye-day may be appointed, for hearing the Cause wherein John Duke of Argyll and Greenwich is Appellant, and the Creditors of Archibald Campbell are Respondents:"

It is Ordered, That the said Motion be taken into Consideration To-morrow; the Lords to be summoned; and the Solicitors on both Sides to attend.

Leslie & al. against Dick: Appeal against Interlocutors in the Years 1710/11 referred to a Committee.

An Appeal of Margaret Lesslie, alias Johnstone, and James Lesslie her Eldest Son, was presented, and read; complaining of certain Interlocutors of the Lords of Session in Scotland, made in the Years 1710/11, on the Behalf of William Dick and others; and praying Relief:

It is Ordered, That it be referred to the Lords Committees aforenamed, to consider whether the said Appeal be regularly brought; and report to the House:

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

Papers to be brought by the Commissioners of the Customs and Excise:

Ordered, That the Commissioners of the Customs do lay before this House the Opinion of Sir Edward Northey, of the 1st of August 1712, then Attorney General, concerning the Importation of French Wines from Dunkirk.

Also, an Account of the Seizures of Brandy for Ten Years last past.

And likewise, an Account of what Brandy has been imported from the several Ports of France for Ten Years last past; distinguishing each Year.

Commissioners of Customs to attend.

Ordered, That the said Commissioners do attend this House on Wednesday next, when the Papers relating to the Importation of French-Brandy from Dunkirk are to be considered.

Ordered, That the Commissioners of the Excise do lay before this House, an Accompt of the Produce of the Duties on Home-made Spirits for Ten Years last past; distinguishing each Year.

Message from H. C. with Bills; and to return the Bill for obliging Justices to proceed at Quarter Sessions.

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

With a Bill, intituled, "An Act to enable certain Persons to be admitted Attornies; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to oblige the Justices of the Peace, at their General or Quarter Sessions, to determine Appeals made to them, according to the Merits of the Case, notwithstanding Defects of Form in the original Proceedings; and to oblige Persons suing forth Writs of Certiorari, to remove Orders made on such Appeals into His Majesty's Court of King's Bench, to give Security to prosecute the same with Essect;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Act relating to the E. India Trade to revive, Bill.

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

With a Bill, intituled, "An Act for reviving an Act made in the Fifth Year of the Reign of His late Majesty King George the First, intituled, An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies, and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions;" to which they desire the Concurrence of this House.

The said Bill was read the First Time; and ordered to be read a 2d Time To-morrow Sevennight.

Report of Committee, concerning drawing up Decrees in Courts of Equity.

The Lord Bathurst reported from the Lords Committees appointed to consider of the Method of drawing up, entering, and passing, Decrees and Orders made in Courts of Equity: "That the Committee had met, and considered the Matter to them referred; and heard the Four Deputy Registers of the Court of Chancery, and other Persons, upon Oath, in relation thereunto; and had come to the following Resolutions; (videlicet,)

"Resolved, That it is the Opinion of the Committee, That the long Recitals in the Decretal Orders drawn up by the Registers of the Court of Chancery, which are frequently enrolled with additional Recitals, are an unreasonable Charge upon the Subject.

"Resolved, That it is the Opinion of the Committee, That, to prevent this grievous Expence, no Rehearing be granted, unless Application be made within Thirty Days after a Decree is drawn up by the Register, and duly entered; and that a Decree, duly entered, may be pleaded, and given in Evidence.

"Resolved, That it is the Opinion of the Committee, That, to prevent an unreasonable Expence in drawing up such Orders, the Registers be limited to a certain Sum for each Order.

"Resolved, That it is the Opinion of the Committee, That some Regulations are necessary, to prevent Delay in drawing up of Orders, and for greater Exactness in relation to the Alterations and Interlineations sometimes made in such Orders before they are entered."

And the said Report being read by the Clerk:

Ordered, That there be laid before this House, a List, or Lists, of all Orders made in or by the Court of Chancery, from or on the First Day of the last Term, to the First Day of this Term, not included in the Lists already given in to the Committee.

Also, a List of all Reports filed, from or on the First Day of last Term, to the First Day of this Term.

And likewise, a List of all the Causes set down or entered for Hearing, and of all Exceptions file, from the First Day of Easter Term 1731 to the First Day of Easter Term 1732.

Dunstable Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the effectual repairing the Highways between Dunstable and Hockliffe, 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 Twelfth, Year of the Reign of Her late Majesty Queen Anne."

To explain the Black Act, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and that the Judges do then attend.

Ordered, That the said Bill be printed.

Causes put off.

Ordered, That the Cause wherein Ralph Norton is Appellant, and William Kyffin and Elizabeth Heron are Respondents, which was appointed to be heard this Day, be put off to Wednesday Sevennight; and the other Causes on Cause-days removed in Course.

Pilots Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better Regulation and Government of Pilots licensed by the Corporation of Trinity House of Deptford Strond, in the County of Kent; and to prevent Mischiefs and Annoyances upon the River of Thames, below London Bridge."

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 made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Woollen Manufactures, further Encouragement of, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An additional Act for the Encouragement of the Woollen Manufactures of this Kingdom, by the more effectual preventing the unlawful Exportation of the Woollen Manufactures of the Kingdom of Ireland to Foreign Parts."

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. John Bennet:

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

Adjourn.

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

DIE Martis, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Accompt of the Produce of Home-made Spirits delivered.

The House being informed, "That some of the Commissioners of the Excise attended;" they were called in; and delivered, at the Bar, pursuant to the Order of Yesterday.

"An Accompt of the Produce of the Duties upon Home-made Spirits, for the last Ten Years; distinguishing each Year."

And then they withdrew.

And the Title of the said Accompt was read, by the Clerk.

Report of the Conference on the Bill concerning the late Earl of Derwentwaters Estate:

The Lord Bathurst reported from the Lords Committees appointed to prepare what may be proper to be offered to the Commons, at a Conference, upon the Subject-matter of the Bill for making void the several Contracts for Sale of the late Earl of Derwentwater's Estate: "That the Committee had prepared what they conceived was proper to be offered to the Commons, at the Conference; which is as follows:

"The Lords, having entered upon the Consideration of the Bill, intituled, "An Act for making void the several Contracts for Sale of the Estate of James late Earl of Derwentwater to William Smith Esquire; and also of the Annuity of £. 200. during the Life of Charles Radcliffe, and the Arrears thereof, to Mathew White Esquire, and the several Conveyances made in Pursuance of the same," which they received from the Commons; and having read the said Bill the First Time; do observe, that the Matters of Fact suggested therein, as the Ground and Foundation upon which it seems to have proceeded in the House of Commons, not appearing sufficiently before the Lords, their Lordships have desired this Conference, that they may have the Assistance of the Commons, in laying the State of the said Matters of Fact more fully before their Lordships."

And the same, being read by the Clerk, was agreed to by the House.

Message to H. C. for another Conference.

Then, a Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Elde:

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the said Bill.

Messages from thence, with Bills, and to return Tomkyns's Composition Bill;

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

With a Bill, intituled, "An Act to enable the Commissioners of His Majesty's Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Tomkyns, Cashier to the late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for an Arrear he stands charged with to the Crown;" to which they desire the Concurrence of this House.

Lloyd's Bill;

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

To return the Bill, intituled, "An Act for supplying a Defect in a Conveyance lately made by Charles Lloyd Senior and Sarah his Wife, and Charles Lloyd Junior and Jane his Wife; and for the Sale of certain Lands, in the County of Montgomery, for raising Three Thousand Pounds and Six Hundred Pounds, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

Bromley's Bill;

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

To return the Bill, intituled, "An Act for exchanging of certain Lands, between Henry Bromley Esquire, and the Master, Fellows, and Scholars, of Pembroke Hall, in the University of Cambridge;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Staunton Common, to enclose, Bill;

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

To return the Bill, intituled, "An Act for confirming the Exchanges, Enclosures, and Divisions, of the Common Fields, Common Meadows, Common Grounds, and Commons, within the Parish of Staunton, in the County of Wilts; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Pirton Common, to enclose, Bill.

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

To return the Bill, intituled, "An Act for enclosing and dividing a Common Pasture Ground, called Momes Leaze, situate and lying in the Parish of Puriton, alias Pirton, in the County of Wilts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Accompt of Tolls taken at Kensington, &c. Turnpikes, delivered.

The House being informed, "That Roger Gathorne, Secretary to the Trustees for putting in Execution the Act for repairing the Roads in the Parishes of Kensington, Chelsea, and Fulham, attended:"

He was called in; and delivered, at the Bar, upon Oath, pursuant to the Order of the 24th of April last,

"An Accompt of what Money has been received, for Tolls and otherwise, by the said Trustees, and how the same has been paid and applied, when, and to whom, from the Commencement of that Trust, the 1st of June 1726, to the 15th of April 1732."

And then he withdrew.

And the Title of the said Accompt was read, by the Clerk.

Then the House was informed, "That John Alston, Surveyor of the said Roads, attended."

He was called in; and delivered, at the Bar, upon Oath, pursuant to the abovementioned Order,

An Accompt of Money received and paid by the said Surveyor of the said Roads."

And also, "An Accompt of the Quantity of Gravel, and other Materials, used in the Repair of the said Roads."

And then he withdrew.

And the Titles of the said Accompts were read, by the Clerk.

D. Argyll against Creditors of Campbell:

The Order being read, for taking into Consideration the Motion made Yesterday, for appointing a Bye-day, for hearing the Cause wherein John Duke of Argyll and Greenwich is Appellant, and the Creditors of Archibald Campbell are Respondents:

And the Solicitors on both Sides attending; they were called in, and heard in relation thereunto.

And being withdrawn:

Bye-day appointed.

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

Pilots Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the better Regulation and Government of Pilots licensed by the Corporation of Trinity House of Deptford Strond, in the County of Kent; and to prevent Mischiefs and Annoyances upon the River of Thames, below London Bridge," was committed, the Amendments made by the Committee to the said Bill.

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

For disarming The Highlands, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign, intituled, An Act for more effectual disarming The Highlands in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

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 made some Amendments thereunto; which he was directed to report, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Causes put off.

Ordered, That the Cause wherein David Bindon is Appellant, and William Ryves Respondent, appointed to be heard this Day, be put off to Thursday; and the Cause on that Day, upon the Writ of Error, wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant, be put off to Saturday next; and the Judges then to attend.

Sugar Colonies, Bill.

Ordered, That the further proceeding upon the Bill for securing the Trade of His Majesty's Sugar Colonies in America, which is appointed for To-morrow, be adjourned for a Month.

Application of the Sinking Fund, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Stock; 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.

Attornies Admittance, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable certain Persons to be admitted Attornies; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

Tomkyns's Composition, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Commissioners of His Majesty's Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Tomkyns, Cashier to the late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for an Arrear he stands charged with to the Crown."

Adjourn.

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

DIE Mercurii, 3^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Conference on the Bill about the late E. of Derwentwater's Estate.

The Messengers sent Yesterday, to desire a Conference with the Commons, upon the Subject-matter of the Bill for making void Contracts relating to the Purchase of Estates of the late Earl of Derwentwater, acquainted the House, "That the Commons do agree to a present Conference, in the Painted Chamber, as desired."

Pilots Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Regulation and Government of Pilots licensed by the Corporation of Trinity House of Deptford Strond, in the County of Kent; and to prevent Mischiefs and Annoyances upon the River of Thames, below London Bridge."

The Question was put, "Whether this Bill, with the Amendments, 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. Allen and Mr. Spicer:

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

The House being informed, "That the Commons were ready for the Conference, in the Painted Chamber:"

Ordered, That the Committee appointed to prepare what shall be offered to the Commons, at the Conference, be the Managers of the Conference.

And the Managers Names being called over:

The House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Duke of Greenwich reported, "That they had met the Managers for the Commons, at the Conference; and had delivered to them what they were directed."

Accompts of Brandy delivered.

The House being informed, "That the Commissioners of the Customs attended:"

They were called in; and delivered, at the Bar, pursuant to the Order of Monday last,

A Return of the said Commissioners, with a Copy of Sir Edward Northey's Opinion, concerning the Importation of Wines from Dunkirk."

Also, "An Account of Brandy seized Annually, for Ten Years, to Lady-day 1732."

And also, "An Account of what Brandy has been imported, from the several Ports of France, for Ten Years last past; distinguishing each Year."

And then they withdrew.

And the Titles of the said Papers were read, by the Clerk.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for encouraging the Growth of Coffee, in His Majesty's Plantations in America;" to which they desire the Concurrence of this House.

Dunstable and Hockliffe Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the effectual repairing the Highways between Dunstable and Hockcliffe, 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 Twelfth, Year of the Reign of Her late Majesty Queen Anne."

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 Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

For disarming The Highlands, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign, intituled, An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom," was committed; the Amendments made by the Committee to the said Bill.

Which, being read Twice by the Clerk, were agreed to by the House, and are as follow; (videlicet,)

"Press 1. Line 1. Leave out ["by"], and insert ["the several Clauses, Provisions, Penalties, and Powers, for disarming The Highlands, in that Part of Great Britain called Scotland, contained in"].

"L. 7. Leave out from ["Kingdom"] to ["were"], in the 24 Line.

"L. 29. Leave out ["Benefit and Utility of the"], and insert ["said"].

"L. 31. Leave out from ["contained"] to ["be"], in the 1st Line of the 2d Press; and insert ["have by Experience been found useful and beneficial"].

"Press 2. L. 1. After ["it"], insert ["therefore"].

"L. 11. Leave out ["recited"].

"L. 18. Leave out ["Nine"], and insert ["Five"]; and in the same Line leave out ["more"].

"L. 20. Leave out from ["longer"] to the End of the Bill; and add Clauses (A.) and (B.).

"(A). Provided always, and be it Enacted, by the Authority aforesaid, That no Sentence, to be given by Two or more Justices of the Peace, for delivering over any Person or Persons, who shall be convicted, in Pursuance of the Act abovementioned and this present Act, to serve as Soldiers in His Majesty's Dominions beyond the Seas, shall be put in Execution within less than Thirty Days after such Sentence is pronounced; and that all and every such Person so convicted as aforesaid may apply, by Way of Suspension or Appeal, to any Court of Justiciary in that Part of Great Britain called Scotland, or to the Judges at the Circuits; which Courts shall, without Delay, proceed and determine thereupon.

"(B). And be it further Enacted, by the Authority aforesaid, That, from and after the 24th Day of June in the Year of our Lord 1733, no Gentleman or Heritor, possessing Fifteen Pounds Sterling a Year, within that Part of Great Britain called Scotland, shall, on any Pretence whatsoever, wear or put on the Cloaths commonly called Highland Cloaths; (that is to say,) shall wear or put on the belted Plade, Trousers, shoulderbelt, Bonnet, or any Part whatsoever of what belongs to the Highland Garb; and if any such Person shall presume, after the said 24th Day of June, to wear or put on the aforesaid Garments, or any Part of them; every such Person so offending, being-convicted thereof by the Oath of One or more credible Witness or Witnesses, before any Court of Justiciary, or any Two Justices of the Peace for the Shire or Srewartry where such Offence shall be committed, shall suffer Imprisonment, without Bail, during the Space of Six Months, and no longer."

Attornies Admittance, &c. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable certain Persons to be admitted Attornies; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

Proposed; "To commit the Bill."

After Debate;

Ordered, That the said Bill be rejected.

Sinking Fund Application, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Stock; 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."

Conference concerning E. of Derwentwater's Estate Bill.

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

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in; and told, "That the Lords do agree to a Conference, as is desired; and appoint it presently, in the Painted Chamber."

Ordered, That the Managers of the last Conference be the Managers of this Conference.

The House being informed, "That the Commons were ready for the Conference, in the Painted Chamber:"

The Managers Names were called over.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Duke of Greenwich reported, "That they had met the Managers for the Commons, at the Conference; which, on their Part, was managed by the Lord Gage; who had delivered to the Managers for the Lords a Paper, to the Effect following;

"Your Lordships having, at a Conference, desired the Assistance of the Commons, in laying more fully before your Lordships the State of the Matters of Fact upon which the Bill, intituled, "An Act for making void the several Contracts for Sale of the Estate of James late Earl of Derwentwater to Wm. Smith Esquire; and also of the Annuity of £.200 during the Life of Charles Radcliffe, and the Arrears thereof, to Mathew White Esquire, and the several Conveyances made in Pursuance of the same, was grounded:

"The Commons have commanded us to lay before your Lordships the original Deed of Settlement, made by Francis late Earl of Derwentwater, in 1691.

"And also the Deed of Settlement made by James late Earl of Derwentwater, in 1712, on his Marriage with Anna Maria Webbe, Daughter of Sir John Webbe Baronet.

"And also have commanded us to acquaint your Lordships, that the Matters of Fact, upon which the said Bill was grounded, appeared to them, upon the Inspection of the several Books, Instruments, and Papers, relating to the Sale of the late Earl of Derwentwater's Estate, now in the Custody of Mr. George Turbill, Keeper of the Records and Papers belonging to the late Commissioners and Trustees nominated and appointed to put in Execution the Powers contained in Two Acts of Parliament; One passed in the First Year of His late Majesty's Reign, intituled, "An Act for appointing Commissioners, to inquire into the Estates of certain Traitors and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" and the other, passed in the Fourth Year of His said late Majesty's Reign, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold:" And also upon the Inspection of Two original Precepts, sealed and signed with the Names of Four of the said Commissioners and Trustees, directing the said William Smith and Mathew White to pay the respective Sums therein mentioned, for their respective Purchases of Part of the said late Earl of Derwentwater's Estate, and of the Annuity of £.200 issuing thereout, and payable during the Life of Charles Radcliffe; which Precepts are now lodged in His Majesty's Exchequer.

"And the Commons have also commanded us further to acquaint your Lordships, that the said Bill was also grounded upon Evidence given by Mr. George Turbill, Mr. Sam'l Allen, Mr. John Harris, Mr. Henry Redburne, Alex'r Chocke Esquire, and John Parsons; which, in the Opinion of the Commons, did fully make out the Allegations contained in the said Bill."

His Grace also delivered in, at the Table, the original Deed of Settlement, made by Francis late Earl of Derwentwater in 1691; and the Deed of Settlement, made by James late Earl of Derwentwater, in 1712, mentioned in the said Paper.

Ordered, That the Report of this Conference be taken into Consideration To-morrow.

Importation of Brandy from Dunkirk.

The Order of the Day being read, for taking into Consideration the Papers laid before the House, relating to the Importation of Brandy from Dunkirk, and the Treaties relating to that Place:

Ordered, That the House be now put into a Committee, to take the same into Consideration; and that the said Papers and Treaties be referred to the said Committee.

Then the House was adjourned during Pleasure, and put into a Committee, to take the Matters referred to them into Consideration.

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

Against pulling down Turnpikes, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks, or other Works erected by Authority of Parliament, for making Rivers navigable."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Act for repairing Kensington, Fulham, &c. Roads, to amend, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Roads, in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes, in the County of Middlesex."

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 made One Amendment thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Jovis, 4^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report of Conference on the Bill concerning E. of Derwentwater's Estate, considered;

The House (according to Order) proceeded to take into Consideration the Report of the Conference had Yesterday with the House of Commons, upon the Subject-matter of the Bill, intituled, "An Act for making void the several Contracts for Sale of the Estate of James late Earl of Derwentwater to William Smith Esquire; and also of the Annuity of Two Hundred Pounds, during the Life of Charles Radcliffe, and the Arrears thereof, to Mathew White Esquire, and the several Conveyances made in Pursuance of the same."

And the said Report was read, by the Clerk.

Then the said Bill was read a 2d Time.

Ordered, That it be committed to a Committee of the whole House, on Tuesday next.

Orders for Papers and Witnesses;

Ordered, That the several Books, Instruments, and Papers, relating to the Sale of the late Earl of Derwentwater's Estate, now in the Custody of Mr. George Turbill, Keeper of the Records and Papers belonging to the late Commissioners and Trustees for the forfeited Estates, be laid before this House.

Ordered, That the Two original Precepts, now in His Majesty's Exchequer, sealed and signed with the Names of Four of the said Commissioners and Trustees, directing William Smith and Mathew White Esquires to pay the respective Sums therein mentioned, for their respective Purchases of Part of the said late Earl of Derwentwater's Estate, and of the Annuity of £.200 issuing thereout, and payable during the Life of Charles Radcliffe, be laid before this House.

Ordered, That Mr. George Turbill, Mr. Samuel Allen, Mr. John Harris, Mr. Henry Redburne, Alexander Chocke Esquire, and John Parsons, do attend this House on Friday Morning next.

Notice to be given to Attorney General.

Ordered, That Notice be given to His Majesty's Attorney General of the several Orders abovementioned, in order for him to appoint Counsel, to methodize the Evidence to be given in Support of the Allegations of the said Bill, and to produce and examine the Witnesses in relation thereunto.

Frivolous Arrests, to prevent, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act to prevent frivolous and vexatious Arrests."

Ordered, That the said Bill be read a 2d Time on Wednesday next.

City of London Petition, for a Clause in it.

A Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled, was presented, and read; praying, "That, if the said Bill shall pass, a Clause may be added, to prevent the Removal of any Action from the Mayor's and Sheriff's Courts, which shall not exceed Twenty Pounds."

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a 2d Time.

Act for repairing Kensington, Fulham, &c. Roads, to explain, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads, in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes, in the County of Middlesex," was committed, the Amendment made by the Committee to the said Bill.

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

"Press 7. Line 35. Before ["And be it further Enacted"], and a Clause marked (A).

"(A). Whereas, by the said Act, made in the Twelfth Year of the Reign of King George the First, it was Enacted, amongst other Things, That the Trustees therein appointed should and might erect Gates or Turnpikes in or cross any Part or Parts of the Highways or Roads therein mentioned, so as One of such Gates or Turnpikes should be erected Eastward of Hyde Park Gate, near Hay Hill; and the said Turnpike hath been accordingly erected; and also other Turnpikes have been erected, in the Road leading from Hyde Park to Westminster; which Turnpikes have been by Experience found to be burthensome to the People: Be it therefore Enacted, That the Gate or Turnpike erected Eastward of Hyde Park Gate shall, from and after the 24th Day of June in the Year of our Lord 1732, be removed and abolished; and no new or other Gate or Turnpike shall, at any Time hereafter, be erected Eastward of Hyde Park Gate; and all Gates or Turnpikes now erected, in or cross any Part of the Road leading from Hyde Park Gate to Westmin ster, shall, from and after the said 24th Day of June, be removed and abated, and no other Gate or Turnpike be erected on the said Road leading from Hyde Park to Westminster."

Trial of Comers in Scotland, to prevent, Bill.

The Earl of Ilay presented to the House a Bill, intituled, "An Act for regulating the Trial of Persons guilty of counterfeiting the Coin, in that Part of Great Britain called Scotland; and for explaining an Act made there in the Year 1672, intituled, "An Act concerning the Regulation of the Judicatories; and to empower the Lords of the Justiciary to appoint the respective Times on which Circuit Courts are to be held."

And the same was read the First Time.

Ordered, That the said Bill be read 2d Time on Monday next.

Bindon against Ryves:

After hearing Counsel, upon the Petition and Appeal of David Bindon Merchant; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 8th of December 1730; the Master's Report; and also of the Orders of the same Court, of the 16th of July and 9th of December last, made in a Cause wherein the Appellant was Plaintiff, and William Ryves Merchant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said William Ryves put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders, &c. affirmed, with Costs.

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 several Orders and Proceedings therein complained of be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Twenty Pounds, for his Costs in respect of the said Appeal.

Adjourn.

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

DIE Veneris, 5^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

March. of Annandale against Marquis of Annandale.

The several Answers of George Marquis of Annandale, an Infant, by the Lord Viscount Vane of the Kingdom of Ireland, his Guardian, to the Appeal of Charlotta Marchioness of Annandale and Sir James Johnston, was brought in.

Leslie's Appeal rejected.

The Lord Delawarr reported from the Lords Committees appointed to consider whether the Appeal of Margaret Lesslie, alias Johnstone, and James Lesslie her Eldest Son, complaining of several Interlocutors of the Lords of Session in Scotland, made in the Years 1710 and 1711, be regularly brought, "That the Committee had considered the Standing Orders, in relation to the bringing in of Appeals; and are of Opinion, the Ap peal in Question ought not to be proceeded in, the same not being brought within Fourteen Days from the First Day of this Session, as is required by the Standing Order of the 13th Day of July 1678."

Which Report being read by the Clerk:

Ordered, That the said Appeal be rejected.

Sir W. Stanhope's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Woods and Wood-lands, and other Lands, in the Counties of Bucks, Hertford, and Bedford; and for settling other Lands, in the County of Warwick, of greater Yearly Value, to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof; that the Parties concerned had given their Consents; 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 said Bill, with the Amendments, be engrossed.

Message from H. C. to return the Bill for making Process in Courts of Equity effectual.

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

To return the Bill, intituled, "An Act for making Process in Courts of Equity effectual, against Persons who abscond, and cannot be served therewith, or who refuse to appear;" and to acquaint this House, that they have agreed to the same, with several Amendments, whereunto they desire their Lordships Concurrence.

and Paddington Churchyard, Bill.

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

To return the Bill, intituled, "An Act for enlarging the Church-yard of the Parish of Paddington, in the County of Middlesex;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Growth of Coffee to encourage, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for encouraging the Growth of Coffee, in His Majesty's Plantations in America."

Act for repairing Kensington, Fulham, &c. Roads, to explain, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act, passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads, in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes, in the County of Middlesex."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Thurston and Mr. Spicer:

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

Bankrupts Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts."

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

And the Lord Viscount Falmouth reported from the said Committee, "That they had made some Progress in the said Bill; and desire another Time may be appointed, for the House to be in a Committee again, to proceed further therein."

Ordered, That the House be put into a Committee again, to consider further of the said Bill, on Monday next.

Hats to prevent the Exportation of, from America, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the Exportation of Hats out of any of His Majesty's Colonies or Plantations in America; and to restrain the Number of Apprentices taken by the Hatmakers in the said Colonies or Plantations; and for the better encouraging the making of Hats in Great Britain."

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

And the Lord Viscount Falmouth 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."

Adjourn.

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

DIE Sabbati, 6^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir W. Stanhope's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of certain Woods, Woodlands, and other Lands, in the Counties of Bucks, Hertford, and Bedford, Part of the Estate of Sir William Stanhope Knight of the Bath; and for settling other Lands, in the County of Warwick, of greater Yearly Value, to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Allen and Mr. Edwards:

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

Accompt of Fees on Commissions of Bankruptcy, to be brought.

Ordered, That the proper Officers do lay before this House, an Accompt of all Fees taken in any Office, or by any Officer, in relation to the issuing Commissions of Bankruptcy, or in proceeding thereupon.

Claim to the Barony of Powys, adjourned.

Ordered, That the Sitting of the Committee of Privileges, on Mr. Kynaston's and Sir Nathaniel Curzon's Petitions, in relation to the Barony of Powys, be adjourned till Thursday Morning next.

Lists of Orders and Causes set down in Chancery, &c. delivered.

The House being informed, "That Mr. Parnell, One of the Deputy Registers of the Court of Chancery, attended:"

He was called in; and delivered, at the Bar, pursuant to the Order of this House, on Monday last,

"Lists of Orders made in the said Court."

Also, "Lists of Causes set down or entered for hearing, and of Exceptions filed."

And also, "An Account of the Reports and Certificates made by the Masters of the same Court, within the Times limited by the said Orders."

And then he was directed to withdraw.

D. of Argyll against Creditors of Campbell.

This Day being appointed, to hear Counsel, upon the Petition and Appeal of John Duke of Argyll and Greenwich; complaining of several Interlocutors of the Lords of Session in Scotland, of the 13th of February 1729/30, the 25th of June 1730, and the 24th of February 1731, made on the Behalf of John Earl of Breadalban, John Campbell Younger of Kintraes, Alexander Campbell and Mary Campbell, William Campbell of Succoth, Janet Campbell and James Bedge her Husband, Isabell Campbell, and Campbell, Creditors of Archibald Campbell; and praying, "That the same may be reversed:" As also upon the Answer of the said John Campbell, and Alexander and Mary Campbell, his Brother and Sister, put in to the said Appeal:

Counsel were accordingly called in.

And Counsel appearing for the Appellant, but none for the Respondents:

The Appellant's Counsel were heard.

And having stated the Matter at large; and prayed a Reversal of the said Interlocutors, and such Relief as to the House should seem meet; and being withdrawn:

Interlocutors reversed, &c.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is further Ordered and Adjudged, That the Clause in the Vassal's Seisin; (videlicet,) ["with and under the Conditions and Provisions in the Charter particularly mentioned, granted by Archibald Earl of Argyll, the 5th of January 1678,"] is sufficient to secure to the Superior, against Creditors and singular Successors, all the Conditions and Provisions in the said Charter contained.

Messages from H. C. with a Bill; and to return Ld. Visc. Molesworth's Bill.

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

To return the Bill, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, or to make Grants in Feefarm, of a Piece of Ground in the City of Dublin;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

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

With a Bill, intituled, "An Act for encouraging the Greenland Fishery;" to which they desire the Concurrence of this House.

Bp. of Ely against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be heard, to argue the Errors assigned upon a Writ of Error brought into this House the Eleventh Day of February last, wherein Thomas Lord Bishop of Ely is Plaintiff, and Richard Bentley D. D. Master of Trinity College in Cambridge, Defendant, in order to reverse a Judgement given by the Court of King's Bench, in an Action upon a Prohibition, in which the said Doctor Bentley, who sued as well upon the King's Account as his own, was Plaintiff, and the said Lord Bishop of Ely Defendant.

And the Counsel for the said Plaintiff in Error being heard accordingly:

Counsel were directed to withdraw.

Ordered, That the further Hearing in this Cause be adjourned to Monday next; and that the Judges do then again attend.

Adjourn.

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

DIE Lunæ, 8^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tables of Fees on Commissions of Bankruptcy delivered.

The House being informed, "That the Deputy to the Patentees for making out Commissions of Bankrupt attended:"

He was called in; and delivered, at the Bar, pursuant to the Order of Saturday last,

"A Table of Fees taken by the said Patentees."

And then he withdrew.

And the Title of the said Table of Fees was read, by the Clerk.

The House being also informed, "That the Lord Chancellor's Secretary of Commissions of Bankruptcy attended:"

He was called in; and delivered, at the Bar, in Pursuance of the same Order,

"An Accompt of all the Fees of the said Secretary."

And then he withdrew.

And the Title of the said Accompt was read, by the Clerk.

Message from H C. to return Pilots Bill.

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

To return the Bill, intituled, "An Act for the better Regulation and Government of Pilots licensed by the Corporation of Trinity House of Deptsord Strond, in the County of Kent; and to prevent Mischiefs and Annoyances upon the River of Thames, below London Bridge;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Bp of Ely against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause upon a Writ of Error, wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley, Master of Trinity Colledge in Cambridge, Defendant.

And the Counsel for the Defendant having been fully heard, in Answer to what had been offered on Saturday last;

And One of the Plaintiff's Counsel being heard, by Way of Reply:

They were all directed to withdraw.

After Debate;

The Question was put, "Whether the Judgement given by the Court of King's Bench, for the said Doctor Bentley, the Defendant in Error, shall be reversed?"

It was Resolved in the Affirmative.

Then, after Debate as to the Method of proceeding;

It was agreed, That the Counsel should be again called in, and acquainted with the said Judgement of Reversal; and "that, if they had any Thing at present to offer, they might proceed."

Accordingly the Counsel were called in, and acquainted by the Lord Chancellor, as directed.

And thereupon the Plaintiff's Counsel prayed, "In regard the Prohibition granted by the Court of King's Bench was removed by the Judgement of this House, that Judgement might be given by their Lordships, in general, for a Consultation, as desired by the Plaintiff."

Whereupon, One of the Counsel for the Defendane observed, "That, as the Record below was removed hither by the Writ of Error, he humbly conceived, the House must consider every Article against the Defendant, compare them with the Statutes, and give Directions thereupon."

Then One of the Plaintiff's Counsel being heard, by Way of Reply:

The Counsel were a 2d Time directed to withdraw.

Ordered, That the further Proceeding in this Cause be adjourned to this Day Sevennight.

The Orders of the Day being read:

Sankey against Foster & al.

Ordered, That the Cause wherein Margaret Sankey Widow is Appellant, and Francis Foster Gentleman and Anne his Wife (formerly Anne Graham), and others, are Respondents, be put off to Thursday next.

Bankrupts Bill.

Ordered, That the House be put into a Committee, to consider further of the Bill to prevent the committing of Frauds by Bankrupts, To-morrow, next after the proceeding on the Bill in relation to the vacating the Contracts for Sale of the Estate of James late Earl of Derwentwater.

To amend the Black Act, Bill.

Ordered, That the House be also put into a Committee on the Bill to explain and amend the Act commonly called the Black Act, To-morrow.

Trial of Corners in Scotland, to regulate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Trial of Persons guilty of counterfeiting the Coin, in that Part of Great Britain called Scotland; and for explaining an Act, made there in the Year 1672, intituled, "An Act concerning the Regulation of the Judicatories; and to empower the Lords of the Justiciary to appoint the respective Times on which Circuit Courts are to be held."

Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next.

Growth of Coffee to encourage, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for encouraging the Growth of Coffee, in His Majesty's Plantations in America."

Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next.

Witnesses to attend.

Ordered, That Nathaniel Pigot Esquire, Mathew King, William Wickwar, and Thomas Rawlins, do attend, as Witnesses, To-morrow, in relation to the Bill touching vacating the Contracts for Sale of the Estate of James late Earl of Derwentwater.

Adjourn.

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

DIE Martis, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dunstable and Hockliffe Highways, 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 Hockcliffe, 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 Twelfth, Year of the Reign of Her late Majesty Queen Anne," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Sinking Fund Application Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Stock; 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."

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. Kynaston and Mr. Spicer:

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

Lloyd's Bill.

The House took into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for supplying a Defect in a Conveyance lately made by Charles Lloyd Senior and Sarah his Wife, and Charles Lloyd Junior and Jane his Wife; and for the Sale of certain Lands in the County of Montgomery, for raising Three Thousand Pounds and Six Hundred Pounds; and for other Purposes therein mentioned."

And the same, being read by the Clerk, were agreed to by the House.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Yorkshire Cloth, Bill:

A Message was brought from the House of Commons, by Sir George Saville and others:

With a Bill, intituled, "An Act for explaining, amending, and making more effectual, an Act made in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time, and ordered to be read a 2d Time on Friday next.

Ordered, That the said Bill be, in the mean Time, printed.

Sankey to put off her Appeal:

A Petition of Margaret Sankey Widow, was presented, and read; praying, "In regard she is advised to make the Heir at Law of Henry Sankey, her late Husband, a Party, that the hearing of her Appeal may be put off; and that she may be at Liberty to amend the same."

Whereupon the Agents on both Sides were called in, and heard in relation to the said Petition.

And then they were directed to withdraw.

And the House agreed, the said Cause should stand as appointed; and if Objections as to Parties were made, the same not to put off the Cause.

Late E. Derwentwater's Estate Bill:

The Order being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for making void the several Contracts for Sale of the Estate of James late Earl of Derwentwater to William Smith Esquire; and also of the Annuity of Two Hundred Pounds, during the Life of Charles Radcliffe, and the Arrears thereof, to Mathew White Esquire; and the several Conveyances made in Pursuance of the same."

Witnesses sworn.

Alexander Chocke, George Turbill, Henry Redburne, John Harris, Thomas Rawlins, John Parsons, William Wickwar, Mathew King, Samuel Allen, and Nathaniel Pigot, were called in, and sworn, in order to be examined, as Witnesses, in relation to the said Bill.

And then they withdrew.

And the House 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 considered the said Bill, and examined the Allegations thereof; 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 read the 3d Time on Thursday next; and the Lords to be summoned.

Bankrupts Bill.

The Order being read, for the House to be put into a Committee, to proceed further in the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts:"

Ordered, That the Table of Fees taken by the Patentees for making out Commissions of Bankrupt, and the Accompt of Fees taken by the Lord Chancellor's Secretary of Commissions of Bankruptcy, laid before the House Yesterday, be referred to the said Committee.

Then the House was adjourned during Pleasure, and put into a Committee again upon the said Bill.

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

And the Lord Viscount Falmouth reported from the said Committee, "That they had gone through the said Bill, and made several Amendments thereunto; which he was directed to report to the House, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Thursday next.

Act relating to the East India Trade to revive, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for reviving an Act made in the Fifth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."

Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next.

The remaining Orders of the Day being read:

To amend the Black Act, Bill.

Ordered, That the House be put into a Committee, on the Bill to explain and amend the Act commonly called the Black Act, To-morrow.

Against pulling down Turnpikes Bill.

Ordered, That To-morrow the House be put into a Committee upon the Bill to explain, amend and render more effectual, an Act for punishing such Persons as shall pull down or destroy Turnpikes for repairing Highways, or Locks for making Rivers navigable.

Causes put off.

Ordered, That the Cause wherein Ralph Norton is Appellant, and William Kyffin and Elizabeth Heron are Respondents, be put off to Friday next; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Mercurii, 10^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. V. Molesworth's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, or to make Grants in Fee-farm, of a Piece of Ground in the City of Dublin."

And the same, being read by the Clerk, were agreed to by the House.

And a Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Elde, to acquaint them therewith.

Process in Courts of Equity to make effectual, Bill:

The House also took into Consideration the Amendments made by the Commons to the Bill, intituled, An Act for making Process in Courts of Equity effectual, against Persons who abscond, and cannot be served therewith, or who refuse to appear."

And the same, being read by the Clerk, were, with Two Amendments to One of their Amendments, agreed to by the House.

Message to H. C. with more Amendments to it:

And a Message was sent to the House of Commons, by the former Messengers:

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

Dunstable and Hockliffe Highways Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the effectual repairing the Highways between Dunstable and Hockcliffe, 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 Twelfth, Year of the Reign of Her late Majesty Queen Anne."

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

It was Resolved in the Affirmative.

Hats, to prevent the Exportation of, from America. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent the Exportation of Hats out of any of His Majesty's Colonies or Plantations in America; and to restrain the Number of Apprentices taken by the Hatmakers in the said Colonies or Plantations; and for the better encouraging the making Hats in Great Britain."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills

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

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

Messages from thence, to return Haiiman's Nat. Bill;

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

To return the Bill, intituled, "An Act to naturalize Nicholas Haiiman;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Hall's Bill;

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

To return the Bill, intituled, "An Act to vest in Mary Hall Widow certain Copyhold Lands, in the Manors of Bedlington and Chester en le Street, in the County of Durham, to sell the same, and thereby to perform the Trusts mentioned in the Will of Anne Hancock Widow, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Francis's Bill.

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

To return the Bill, intituled, "An Act for charging the settled Estate of John Francis Clerk with the Payment of his Father's Debts and Legacies; and for settling another Estate, of greater Value, to the Uses of his Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Tomkyns's Composition, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Commissioners of His Majesty's Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Tomkyns, Cashier to the late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for an Arrear he stands charged with to the Crown."

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 next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

To explain the Black Act, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Ninth Year of the Reign of his late Majesty King George the First, intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice:"

It is Ordered, That the House be put into a Committee thereupon, on Friday next.

Against pulling down Turnpikes, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks, or other Works erected by Authority of Parliament, for making Rivers navigable."

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 made some Amendments thereunto; which he was directed to report, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Vexatious Arrests, Bill

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and that the Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, which, on Thursday last was ordered to lie on the Table till the 2d Reading of the said Bill, be referred to the said Committee.

To encourage the Growth of Coffee, Bill.

The House (according to order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for encouraging the Growth of Coffee in His Majesty's Plantations in America."

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."

Trial of Coiners in Scotland, to regulate, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for regulating the Trial of Persons guilty of counterfeiting the Coin, in that Part of Great Britain called Scotland; and for explaining an Act made there in the Year 1672, intituled, "An Act concerning the Regulation of the Judicatories; and to empower the Lords of the Justiciary to appoint the respective Times on which Circuit Courts are to be held."

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

And the Earl of Westmorland reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Claims to the Barony of Powys.

Ordered, That the Sitting of the Committee of Privileges, upon the Claims made to the Barony of Powys, be adjourned till To-morrow Sevennight.

Greenlard Fishery, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for encouraging the Greenland Fishery."

Adjourn.

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