House of Lords Journal Volume 24: March 1733, 21-31

March 1733, 21-31

DIE Mercurii, 21^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Rebuilding St. George's Church in the Borough, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of St. George the Martyr, in the Borough of Southwark, in the County of Surrey, as One of the Fifty new Churches directed to be built by Two Acts of Parliament, One made in the Ninth, the other in the Tenth, 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.

Importing Diamonds Duty free, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the free Importation and Exportation of Diamonds, Pearls, Rubies, Emeralds, and all other Jewels and precious Stones."

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 these Bills.

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

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

River Dun navigable, Bill:

The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend Two Acts of Parliament, One made in the Twelfth, and the other in the Thirteenth, Year of His late Majesty's Reign, for making navigable the River Dun, in the County of York, and for the better perfecting and maintaining the said Navigation, and for uniting the several Proprietors thereof into One Company," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question being 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 the former Messengers:

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

Evelyn & al. against Evelyn & al:

The House was informed, "That the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents, is set down to be heard on a Day for the Hearing of Causes in Course; which, at present, is so far distant, that it is not likely to be heard this Session, unless appointed on a Byeday."

And it being moved, "In regard the said Cause is of great Consequence, that the same may be heard on Tuesday the 24th Day of April next; and the Judges to attend:"

Judges to attend.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the said 24th Day of April; and that the Judges do then attend.

Frivolous Arrests to prevent, and Proceedings in Wales to be in English, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual preventing frivolous and vexatious Arrests; and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Principality of Wales, and in the Court of Assize in the County Palatine of Cheter; and for the obviating a Doubt which has arisen upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same Act doth or may relate to the Courts of Justice holden within the said Principality; and for explaining and amending the said Act."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Accounts of Tobacco to be brought:

Ordered, That the Commissioners of the Customs do lay before this House, an Accompt of the Gross Receipts, Payments, and Net Produce, of the Duties on Tobacco, for Seven Years, to Christmas 1731.

Subsidies on Tea:

Also, an Accompt of the Gross and Nett Produce of the Subsidies, &c. paid on the Importation of Tea, Annually, for Seven Years and an Half, from Christmas 1716, to Midsummer 1724.

Also, an Accompt of the Gross and Net Produce of the Subsidies paid on the Importation of Tea, Annually, for Seven Years and an Half, from Midsummer 1724, to Christmas 1731.

Cocoa-nuts:

Also, an Accompt of the Gross and Net Produce of the Subsidies, &c. paid on the Importation of Cocoanuts, Annually, for Seven Years and an Half, from Christmas 1716, to Midsummer 1724.

Also, an Accompt of the Gross and Net Produce of the Subsidies, &c. paid on the Importation of Cocoanuts, Annually, for Seven Years and an Half, from Midsummer 1724, to Christmas 1731.

Coffee:

Also, an Accompt of the Gross and Nett Produce of the Subsidies paid on the Importation of Coffee, for Seven Years and an Half, from Christmas 1716, to Midsummer 1724.

Also, an Accompt of the Gross and Net Produce of the Subsidies paid on the Importation of Coffee, for Seven Years and an Half, from Midsummer 1724, to Christmas 1731.

Tea, &c. imported:

Also, that the Commissioners of the Excise do lay before this House, an Account of the Quantity of Tea, Coffee, and Chocolate imported, with the Amount of the Duties received on the said Quantities, and the Charges in collecting the same, from Midsummer 1724, to Midsummer 1732; distinguishing each Year.

Tea imported and exported:

Also, that the Commissioners of the Customs do lay before this House, an Account of the Quantities of Tea imported and exported, from Christmas 1716, to Christmas 1731; distinguishing each Year.

Tea sold:

Also, that the Directors of the East India Company do lay before this House, an Account of the Quantity of Teas sold by the Company, from Christmas 1716, to Christmas 1732; distinguishing each Year.

And of Seizures of Tea, Coffee, &c.

Also, that the Commissioners of the Customs do lay before this House, an Accompt of the Amount of all Seizures of Tea, Coffee, Cocoa-nuts, Cocoa-paste, and Chocolate, from Christmas 1716, to Christmas 1732; distinguishing the Amount in Quantity and Value of each Year, and what hath been paid thereon into the Exchequer.

And also, that the Commissioners of the Excise do lay before this House, an Account of the Amount of all Seizures of Tea, Coffee, Cocoa-nuts, Cocoa-paste, and Chocolate, made by their Officers, from Christmas 1724, to Christmas 1732; distinguishing the Amount in Quantity and Value of each Year, and what hath been paid thereon into the Exchequer.

Motion to dispense with Standing Order for Exchange of Lands to be considered.

The House being moved, "That the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill for Sale of Part of the entailed Estate of the Lord Abergavenny stands committed may proceed on the said Bill, notwithstanding no Agreement is yet made for a Purchase of another Estate, in which the Money that may arise by Sale of Part of the said entailed Estate is to be invested:"

It is Ordered, That this House will, on Tuesday Sevennight, take the said Motion into Consideration; and the Lords to be summoned.

Sir J. Tynte's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering Sir John Tynte Baronet and Charles Tynte Esquire, and their Sons respectively, to make Leases of the Estates comprized in the late Sir Halswell Tynte's Settlement, for Lives, or Years determinable on Deaths, according to the Custom of the Country."

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 Thursday the Fifth 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.

Way against Lodge & Ux.

Upon reading the Petition and Appeal of Juliana Way Widow; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 20th of May 1731, a Report of the Chief Remembrancer the 12th of June, and an Order of the said Court of the 6th of July, 1732, on hearing the said Report, and the Appellant's Exception, the Remembrancer's Second Report, and an Order of the 6th of December 1732, on hearing thereof, and of an Order for dismissing the Appellant's Cross Bill, with Costs, and all other the Proceedings subsequent to the First Decree, made in certain Causes, wherein Ebenezar Lodge and his Wife were Plaintiffs, and the Appellant was Defendant, et è contra; and praying, "That the same may be reversed:"

It is Ordered, That the said Ebenezar Lodge and Anne 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 Wednesday the 25th Day of April next; and that Service of this Order upon the said Respondents, or their Attorney in the said Court of Exchequer in Ireland, be deemed good Service.

Ryan against Comyn & al.

Upon reading the Petition and Appeal of Jane Ryan Widow; complaining of several Orders of the Court of Exchequer in Ireland, of the 5th and 12th of May, the 23d of November and 1st of February, 1730, the 23d and 28th of June, the 15th and 16th of July, 1731, the 27th of June and 17th of February last, made in a Cause wherein the Appellant was Plaintiff, and Nicholas Comyn, Randall M^cDonnell, Nicholas Weeks, John Little a Minor, and Henry Lynn and Anne his Wife, Heirs at Law of Nicholas Bromby, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Nicholas Comyn and the said several 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 Wednesday the 25th Day of April next; and that Service of this Order upon their respective Attornies in the said Court of Exchequer in Ireland be deemed good Service.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His 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; the Gentleman Usher of the Black Rod received His Majesty's Commands to signify to the Commons, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

The Clerk of the Crown read the Titles of the several Public and Private Bills to be passed, as follow:

Bills passed.

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

"2. An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and allowing them further Time for that Purpose."

"3. An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers and Lessees."

"4. An Act for obviating a Doubt which may arise, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in the Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same Act doth or may relate to the Court of the Receipt of His Majesty's Exchequer, or to any Members or Branches thereof."

"5. An Act for the free Importation and Exportation of Diamonds, Pearls, Rubies, Emeralds, and all other Jewels and precious Stones."

"6. An Act to explain and amend Two Acts of Parliament, One made in the Twelfth, and the other in the Thirteenth, Year of His late Majesty's Reign, for making navigable the River Dun, in the County of York; and for the better persecting and maintaining the said Navigation; and for uniting the several Proprietors thereof into One Company."

"7. An Act for re-building the Parish Church of St. George the Martyr, in the Borough of Southwark, in the County of Surrey, as One of the Fifty new Churches directed to be built by Two Acts of Parliament, One made in the Ninth, the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne."

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

"Le Roy le veult."

"8. An Act for exemplifying Two Marriage Settlements, made on the Marriage of Henry late Earl of Thomond, and the present Earl of Thomond; and for making the same Evidence in all Courts of Law and Equity in Ireland."

"9. An Act for dividing and enclosing the Common Fields and Common Meadows, in the Parish of Barston, in the County of Warwick."

"10. An Act for discharging divers Lands and Hereditaments at Aberton, in the County of Worcester, Part of the Estate of Francis Sheldon Esquire, a Lunatic, from the Trusts of a former Act of Parliament, made for Payment of the Debts of the said Francis Sheldon; and for vesting another Estate of the said Lunatic, in the County of Gloucester, in Trustees, for the same Purpose."

"11. An Act to naturalize Justus Gerhard, Paul L'Hospital, William Christian Hamburger, and others."

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.

Widdrington's Bill.

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

With a Bill, intituled, "An Act to enable William Widdrington late Lord Widdington to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate, that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Viscountess Gage and Whorwood's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Lady Viscountess Gage and her Trustees, and Thomas Whorwood Esquire, to purchase Lands of Inheritance with the Money arising by Sale of their Estate in the County of Bucks," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Drax, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Drax Esquire and his Wife, on Behalf of their Two Infant Sons; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Thomas Erle Drax Esquire, an Infant, and others, to grant Leases of several Manors and Lands in the County of Wilts, in such Manner as is therein mentioned."

Forgey to enter into a Recognizance for Mrs. Way

The House being moved, "That Henry Forgey, of Saint Martin's Lane, in the Parish of Saint Martin in the Fields, Merchant, may be permitted to enter into a Recognizance for Juliana Way Widow, on account of her Appeal depending in this House; she being in Ireland:"

It is Ordered, That the said Henry Forgey may enter into a Recognizance for the said Appellant, as desired.

Weldon peremptorily to answer Plunket's Appeal.

The House was informed, "That William Weldon Esquire, Respondent to the Appeal of Justin Plunket Esquire, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Richard Anderson 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.

E. Thomond against Hamiltons:

The House was informed, "That one Mr. Ellis attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Henry Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster, is Appellant, and James Hamilton and John Hamilton Esquires are Respondents."

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Committee on Pitt's Bill put off.

Ordered, That the Committee appointed to consider of a Bill for rendering effectual an Agreement lately made by George Pitt Esquire and others, which is appointed to meet on Monday Sevennight, be put off to this Day Fortnight.

Adjourn.

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

Hitherto examined by us,

Northampton.
Abingdon.
Oxford & Mortimer.
N. St. Davids.
Isa. Asaph.