House of Lords Journal Volume 24: March 1735, 21-31

March 1735, 21-31

DIE Veneris, 21^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mason against Newell & al.

Upon reading the Petition and Appeal of Charles Mason Esquire; complaining of so much of an Order of the Court of Chancery, of the 15th of January 1733, as overrules the Appellant's 13th, 14th, and 16th Exceptions; as also of so much of the said Order, and also of the Order of the 16th of January last, as over-rules the Appellant's 1st Exception, and also his 3d Exception, save as in his Appeal is mentioned; and that Part of the Appellant's 4th Exception, relating to a Note of One Thousand Pounds to one Gerrard; and so much of the Appellant's 9th Exception as relates to the Note payable to the Respondent George Newell, lately deceased, or Order, dated the 2d of April 1707, for the Sum of Eight Hundred and Seventy Pounds; and also the Appellant's 19th Exception, made in a Cause wherein the said Appellant was Plaintiff, and Joseph Newell, the said George Newell, and His Majesty's Attorney General, and Sir Bybye Lake, were Defendants; and praying, "That the same may be reversed; and that this House will give the Appellant such Relief in the Premises as to their Lordships shall seem meet:"

It is Ordered, That the said Joseph Newell, and His Majesty's Attorney General, and Sir Bybye Lake, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 4th Day of April next.

Mutiny 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. Thurston and Mr. Edwards:

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

Baillie's appeal; Committee revived.

Ordered, That the Committee appointed to consider the Petition of John Baillie of Walstoun, a Lunatic, be revived; and meet on Friday the 28th Instant.

Lowther against Raw & al.

The House being moved, "That Tuesday the 22d Day of April next may be appointed, for hearing the Cause wherein Robert Lowther Esquire is Appellant, and Michael Raw, John Wilson, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 22d Day of April next, as desired.

D. Rutland's Sons to take the Surname of Sutton, Bill.

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

To return the Bill, intituled, "An Act for enabling the Two Younger Sons of John Duke of Rutland, by Bridget late Dutchess of Rutland, and their respective Children, Progeny, and Issue, to take and use the Surname of Sutton, pursuant to the Will of Robert Lord Lexington, deceased, and in such Manner as is therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Forrester's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estates of William Forrester Esquire and Brook Forrester his Son and Heir Apparent, in the County of Salop, in Trustees, to settle the same, pursuant to an Agreement previous to the Marriage of the said Brook Forrester with Elizabeth his Wife, only Daughter of George Weld Esquire, notwithstanding the Minority of the said Brook Forrester."

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 the former Messengers:

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

Broughton & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Anna Elizabeth Broughton and Josias Cottin."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday next; and to adjourn as they please.

Ordered, That the Petition of John Chevalier and John Treber, praying to be added to the said Bill, be referred to the said Committee.

Sir T Moncrief against Moncrief:

This Day being appointed, for hearing the Cause wherein Sir Thomas Moncrief Baronet is Appellant, and Thomas Moncrief his Eldest Son Respondent:

Counsel appeared for the Appellant, but none for the Respondent.

And the Appellant's Counsel being fully heard:

The several Interlocutors of the Lords of Session complained of were read.

As likewise a Petition of the Appellant, to the said Lords of Session; praying, "That the Aliment allowed to the Respondent may be restricted to Two Thousand Merks Scots per Annum."

And due Consideration had of what was offered in this Cause at the Bar:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors be so far varied, as that the Allowance for the Maintenance of the Respondent be modified to Two Thousand Merks Scots per Annum.

Adjourn.

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

DIE Lunæ, 24^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Skerrit against Nesbit.

The Answer of Mathew Nesbit, to the Appeal of Humphry Skerrit, was brought in:

Barlow against Langton.

As was also, the Answer of Thomas Langton and John Watts (surviving Executors of George Barlow deceased), to the Appeal of Charles Barlow Gentleman:

Heriot against Ray & al.

And likewise, the Answer of William Ray and others, Provost, Magistrates, Counsellors, and Deacons, of the Royal Borough of Haddington, to the Appeal of George Herito and others, pretended Provost, Magistrate, Counsellors, and Deacons, of the said Borough.

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) sitting 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, that they attend Him immediately, in this House."

Who being come, with their Speaker;

The Clerk of the Crown read the Titles of the Bills ready for the Royal Assent, as follow:

"1. An Act to punish Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Bills passed.

"2. An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity of the Thirteenth and Fourteenth Years of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof."

"3. An Act for repairing the Roads from the Town of Manchester, leading through Newton, Failsworth, and Oldham, in the County Palatine of Lancaster, to Austerlands, in the Parish of Saddleworth, in the County of York."

"4. An Act for enlarging the Term and Powers granted by an Act made in the Twelfth and Thirteenth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talk on the Hill, in Butt Lane, in the County of Stafford."

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

"Le Roy le veult."

"5. An Act for enabling the Two Younger Sons of John Duke of Rutland, by Bridget late Dutchess of Rutland, and their respective Children, Progeny, and Issue, to take and use the Surname of Sutton, pursuant to the Will of Robert Lord Lexington, deceased, and in such Manner as is therein mentioned."

"6. An Act to enable John Childe Esquire, commonly called Lord Castlemain, and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire, deceased, shall be in Possession of the Estates therein limited, to take and use the Surname of Tylney."

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.

Heriot et al. against Ray et al.

The House being moved, "That Tuesday the 17th Day of April next may be appointed, for hearing the Cause wherein George Heriot Provost and others are Appellants, and William Ray and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 17th Day of April next, as desired.

Selwin against Brown.

After hearing Counsel, in Part, in the Cause wherein William Selwin Esquire is Appellant, and John Brown Esquire Respondent:

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

Causes put off.

Ordered, That the Cause appointed for To-morrow be put off to Wednesday next; and the other Causes removed, to come on in Course.

Adjourn.

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

Hitherto examined by us,

Portland.
Bridgewater.
Northampton.
Abingdon.
Oxford & Mortimer.
Bristol.
N. St. Davids.
Isa. Asaph.

DIE Martis, 25^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Trotter against E. Home et al.

The joint and several Answer of William Earl of Home, William Hume Minister of Fogo, and Roger Moodie, to the Appeal of Henry Trotter of Mortounhall, was brought in:

Jevers against Jevers.

As was likewise, the Answer of Augustine Jevers, One of the Executors of John Jevers Esquire, deceased, to the Appeal of Henry Jevers Esquire.

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 enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-five;" to which they desire the Concurrence of this House.

Selwin against Brown:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Selwin; complaining of a Decree made by the Lord Chancellor, the 16th Day of October last, reversing a Decree made by the Master of the Rolls, in certain Causes, wherein John Brown Esquire was Plaintiff, and the Appellant Defendant; and in a Cross Cause, wherein the Appellant was Plaintiff, and the said John Brown Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said John Brown put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and the same is hereby, affirmed.

Skerret against Nesbit.

A Petition of Mathew Nesbit, Respondent to the Appeal of Humphry Skerret, was presented, and read; setting forth, "That neither the Petitioner nor his Clerk in Court have been served with any Order of this Session, for the Petitioner to answer; nor had he Notice of any Proceedings till a few Days ago, when, to his great Surprize, he was served with the Order of this House, of the 18th of February last, whereby the Hearing of this Cause was adjourned to Thursday next, to be then peremptorily heard;" and praying, "In regard the Petitioner's Papers are comparing with the Originals in Ireland, in order to be transmitted hither, to prepare for the Hearing of the said Cause; that the same may be adjourned for a Month."

And thereupon the Agents on both Sides having been called in; and heard, at the Bar, in relation to the Allegations of the said Petition;

And being withdrawn:

Ordered, That the Hearing of this Cause be put off to Monday the Fourteenth Day of April next.

Committee to consider Standing Orders about putting in Answers to Appeals.

Then the Lords following were appointed a Committee, to take into Consideration the Standing Orders of this House, in relation to the putting in of Answers to Appeals; and to report what they shall think proper thereupon:

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

New Respondents to Lock's Appeal.

Upon reading the Petition of William Lock and John Herring Esquires; praying, "That they may be at Liberty to amend their Appeal, by making Nathaniel Jacobs Gentleman a Respondent thereunto, and by adding such other Parties as the Petitioners shall be advised; no Day being appointed for hearing the same:"

It is Ordered, That the Petitioners have Liberty to make the said Nathaniel Jacobs a Respondent, and add such other Parties as they shall be advised to make Respondents; they amending the Copy of the Appeal taken out by the former Respondents.

Adjourn.

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

DIE Mercurii, 26^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lock et al. against Cholmondeley.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Lock is Appellant, and Charles Cholmondeley and others 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.

Dyke's Bill.

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting an undivided Moiety of divers Lands and Hereditaments, in the Counties of Oxon and Kent, the Estate of Elizabeth Dyke, an Insant, in Edward Dyke Esquire and his Heirs, in Exchange for an undivided Moiety of divers Lands and Hereditaments, in the Counties of Somerset and Devon," 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 made some Amendments thereunto"

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

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

Sinking Fund, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirtyfive."

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

Quartering Soldiers at the Time of Elections, Bill.

The Lord Chief Baron of the Court of Exchequer presented to the House a Bill, prepared by the Judges (pursuant to the Order on Thursday last), intituled, An Act for regulating the Quartering of Soldiers, during the Time of the Elections of Members to serve in Parliament."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned.

Jevers against Jevers.

This Day being appointed, for the Hearing of the Cause wherein Henry Jevers Esquire is Appellant, and Margaret Jevers Widow, Augustine Jevers, and Arthur Blennerhasset, are Respondents.

Counsel were accordingly called in.

And the Counsel on both Sides having been heard, in relation only to the Evidence to be produced touching the Merits of the Cause:

They were directed to withdraw.

Ordered, That the further proceeding in the said Cause be adjourned till To-morrow.

Mathew's Pet. rejected.

A Petition of John Mathew, in Custody of the Serjeant at Arms attending this House, was presented, and read; setting forth, "That he is heartily sorry for his Offence, in being guilty of a Breach of Privilege against the Earl of Aylesford; and most humbly begs Pardon of the said Earl and this Honourable House for the same; and is ready and willing to make such Submission as their Lordships shall think proper;" and praying, "In regard the Petitioner's Affairs in the Country suffer very much by his Consinement, that he may be discharged out of Custody."

Whereupon the Earl of Aylesford acquainted the House, "That the Petitioner had made his Submission by his Agents, but no otherwise; and that his Lordship left it entirely to the House, to do as they shall think proper."

Ordered, That the said Petition be rejected.

Adjourn.

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

DIE Jovis, 27^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

For registering Deeds in the North Riding, Yorkshire, Bill.

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

With a Bill, intituled, "An Act for the public registering of all Deeds, Conveyances, Wills, and other Incumbrances, that shall be made of, or that may affect, any Honours, Manors, Lands, Tenements or Hereditaments, within the North Riding of the County of York, after the Nine and Twentieth Day of September One Thousand Seven Hundred and Thirty-six;" to which they desire the Concurrence of this House.

Message from H. C. to return the Bill for enclosing Hunningham Commons.

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

To return the Bill, intituled, "An Act for enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Hunningham, in the County of Warwick;" and to acquaint this House, that they have agreed to the same, without any Amendment.

St. Alban's &c. Road, Bill.

A Message was brought from the House of Commons, by Sir Thomas Alston and others:

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

The Bills, for registering Deeds in the North Riding of the County of York:

And for continuing an Act for the Repair of Highways in Hertfordshire;

Were both read the First Time.

Dyke's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting an undivided Moiety of divers Lands and Hereditaments, in the Counties of Oxon and Kent, the Estate of Elizabeth Dyke, an Infant, in Edward Dyke Esquire and his Heirs, in Exchange for an undivided Moiety of divers Lands and Hereditaments, in the Counties of Somerset and Devon."

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. Thomas Bennet and Mr. Burroughs:

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

Chedleton Commons to enclose, Bill.

The Lord Gower presented to the House (pursuant to the Order of the 10th of this Instant March) a Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Commons and Waste Lands, lying within the Manor and Parish of Chadleton, in the County of Stafford, among the Proprietors, in order to enclose the same."

The said Bill was read the First Time.

Parson, Leave for a Bill, for Sale of Treager's Estate:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Parson and others; 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.

Treager's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Real Estate late of James Tregeare Esquire, deceased, in Margery his Widow and Relict, in Part of her Dower; and for Sale of the rest of the said Estate, for Payment of his Debts; and for laying out the Surplus Money arising by such Sale in the Purchase of Lands, to the Use of Honour his Daughter and her Heirs."

Jevers against Jevers.

Whereas this Day was appointed, for the further proceeding in the Cause wherein Henry Jevers Esquire is Appellant, and Margaret Jevers Widow, Augustine Jevers, and Arthur Blenerhasset, are Respondents:

It is Ordered, That the Hearing of this Cause be put off to Tuesday the 15th Day of April next.

Anstis against Gandy.

The House being moved, "That the Hearing of the Cause wherein John Anstis Esquire Garter is Appellant, and John Gandy and Frances his Wife are Respondents, which stands appointed for To-morrow, be put off to Monday next:"

The same was objected to.

And Debate thereupon:

The Question was put, "Whether the Hearing of the said Cause shall be put off to Monday next?"

It was Resolved in the Negative.

Trotter against E. Marchmont & al.

Upon reading the Petition of Henry Trotter, of Mortounl all; setting forth, "That he has amended his Appeal, as allowed by Order of this House; and that the Parties added have since put in their Answers accordingly;" and praying, "In regard this Cause has been long depending, that the same may be appointed to be heard on Tuesday the 15th Day of April next, peremptorily:"

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.

Broughton, &c. Nat. Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Anna Elizabeth Broughton and Josias Cottin," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and also considered the Petition to them referred; and had gone through the Bill, and made some Amendments thereunto."

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

Dalrymple to enter into a Recognizance for Harriot & al.;

The House being moved, "That Robert Dalrymple Esquire may be permitted to enter into a Recognizance for George Harriot and others, on account of their Appeal depending in this House; they residing in Scotland:"

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

and Ross for D. Gordon.

The like Motion and Order, for Alexander Ross Gentleman to enter into a Recognizance for the Duke of Gordon, on account of his Appeal; for the same Reason.

Edgar, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Edgar, of Ipswich, in the County of Suffolk, Esquire; 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 for discharging Part of the Estate of Robert Edgar Esquire, in the County of Cambridge, from the Uses of his Marriage Settlement; he having settled an Estate in the County of Suffolk, of greater Value, to the same Uses."

Adjourn.

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

DIE Veneris, 28^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Skerret against Nesbit & al.

The Answer of Prudence Nesbit Widow and others, to the Appeal of Humphry Skerrit, was brought in.

Toller to take the Name of Treffry, Bill.

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

With a Bill, intituled, "An Act to enable William Toller, now called William Toller Treffry, Gentleman, and his Issue Male, to take and use the Surname of Treffry only, pursuant to the Deed of Settlement of John Treffry Esquire, deceased;" to which they desire the Concurrence of this House.

Rochdale Road, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from the Town of Rochdale, in the County Palatine of Lancaster, leading over a craggy Mountain, called Stone-Edge, in the same County; and from thence to the Towns of Halifax and Ealand, in the County of York;" to which they desire the Concurrence of this House.

Kilburn Road, Bill.

A Message was brought from the House of Commons, by Sir Francis Child and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for repairing the Road from St. Giles's Pound to Kilbourn Bridge, in the County of Midd'x; and for paving that Part of the Road called Oxford-Street;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Report, Committee about putting in Answers to Appeals.

The Earl of Strafford reported from the Lords Committees appointed to consider of the Standing Orders of this House, in relation to the putting in of Answers to Appeals: "That the Committee had considered of the said Standing Orders; and were of Opinion, That the House be moved, to make an Order and Declaration in the Words, or to the Effect, following; (videlicet,)

"That when, upon an Appeal to this House, an Order hath been or shall be made, for the Respondent or Respondents to answer thereto by a Time limited; if the Session of Parliament, wherein such Order hath been or shall be made, shall determine before the Time so limited for answering shall be expired, and no Answer shall be put in during the same Session, Service of such Order upon the Respondent or Respondents to such Appeal, by the Space of Five Weeks at the least before the First Day of the then next Session, shall be deemed good Service; and the Appellant may apply to this House for a peremptory Day for putting in the Answer, in case the Respondent or Respondents shall not put in his, her, or their, Answer within Three Days, to be computed from the First Day of the next Session of Parliament."

Which Report, being read by the Clerk, was agreed to by the House; and ordered and declared accordingly.

And further Ordered, That the same be declared to be a Standing Order of this House, and entered on the Roll of Standing Orders; and printed and published, and affixed on the Doors of this House and Westminster Hall, to the End all Persons concerned may the better take Notice of the same.

Treager's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Real Estate late of James Tregeare Esquire, deceased, in Margery his Widow and Relict, in Part of her Dower; and for Sale of the rest of the said Estate, for Payment of the Debts of the said James Tregeare; and for laying out the Surplus Money arising by such Sale in the Purchase of other Lands, to the Use of Honour his Daughter and her Heirs."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday the 14th Day of April next; and to adjourn as they please.

Edgar's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging Part of the Estate of Robert Edgar Esquire, in the County of Cambridge, from the Uses of his Marriage Settlement; he having settled an Estate in the County of Suffolk, of greater Value, to the same Uses."

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

Their Lordships, or any Five of them; to meet at the usual Place, on the same Day; and to adjourn as they please.

Registering Deeds in North Riding Yorkshire, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the publick registering of all Deeds, Conveyances, Wills, and other Incumbrances, that shall be made of, or that may affect, any Honours, Lands, Tenements, or Hereditaments, within the North Riding of the County of York, after the Nine and Twentieth Day of September One Thousand Seven Hundred and Thirty-six."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday next; and to adjourn as they please.

Hamilton's Petition to amend Heron's Appeal, referred to a Committee.

A Petition of Alexander Hamilton, Agent for Patrick Heron Esquire and others, to whose Appeal James Earl of Gallway is Respondent, was presented, and read; setting forth, "That the Petitioner apprehends, and is advised, that it is necessary to amend the said Appeal, by making His Majesty's Advocate on Behalf of the Crown, and the Ministers of the several Parishes within the Priory of Whithorn, Parties thereto; and by making Mr. George Douglas Advocate a Respondent, who, by Mistake, is made an Appellant; and praying Leave to amend the said Appeal accordingly, upon amending the Respondent's Copy."

And the Petitioner and the Respondent's Agent Mr. Ross having been called in; and heard, at the Bar:

And withdrawn:

Ordered, That the said Petition be referred to the Lords Committees aforenamed; who are to consider thereof, and report to the House what they shall think proper thereupon.

Their Lordships, or any Five of them; to meet on Tuesday next, at the usual Place; and to adjourn as they please.

Lord Hillsborough's Divorce, Bill.

The Earl of Chesterfield (pursuant to the Order of the 11th Day of this Instant March) presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Trevor Lord Viscount Hillsborough in the Kingdom of Ireland with Dame Mary Denton; and to enable him to marry again; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday the 15th Day of April next, and Notice thereof affixed on the Doors of this House; and the Lords to be summoned: That the said Lord Viscount Hillsborough may be heard, by his Counsel, at the Second Reading of the said Bill, in order to make out the Truth of the Allegations thereof; and that Notice be given the said Dame Mary of the said Second Reading, with a Copy of the said Bill; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the Bill, at the Second Reading of the same.

Representation of the Board of Trade, concerning the West India Islands, to be considered.

The House being moved, "To appoint a Committee, to take into Consideration the Representation from the Commissioners for Trade and Plantations, presented to this House the 13th Day of February last, relating to the State of the British Islands in America, with regard to their Trade, their Strength, and Fortifications; and to what may be further necessary for the Encouragement of their Trade, and Security of those Islands:"

The same was objected to.

And it being proposed, "To refer the said Representation to the Consideration of a Committee of the whole House:"

After Debate;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Ordered, That the House be put into a Committee, to take the said Representation into Consideration on the Thursday next after the approaching Recess.

Address for Reports of the Commissaries in Spain, &c.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions to the proper Officers, to lay before this House, Copies of all the Reports made by His Majesty's Commissaries in Spain; together with all Extracts, Letters, and Papers, relating thereto; and an Account what Satisfaction has been obtained for the Subjects of Great Britain, for the many Losses they sustained by the Depredations of the Spaniards in Europe or in The Indies, pursuant to the Second Separate Article of the Tieaty of Peace, Union, Friendship, and mutual Defence, between the Crowns of Great Britain, France, and Spain, concluded at Seville, on the 9th of November 1729; the said Treaty having been faithfully and punctually executed on the Part of Great Britain."

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

Anstis against Candy.

The Resolution of this House Yesterday, against putting off the Hearing of the Cause wherein John Anstis Esquire is Appellant, and John Gandy and his Wife are Respondents, which was appointed to be heard this Day, being read:

It was proposed, "To call in the Counsel."

But the same being objected to:

The Question was put, "Whether the Counsel shall be now called in?"

It was Resolved in the Negative.

Then it was moved, "That the Hearing of the said Cause be put off to Monday next."

Which being objected to;

And it being proposed, "To put off the said Hearing only till To-morrow:"

The Question was put, "Whether the Hearing of the said Cause shall be put off to Monday next?"

It was Resolved in the Affirmative.

And Ordered accordingly.

Adjourn.

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

DIE Lunæ, 31^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rochdale Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Town of Rochdale, in the County Palatine of Lancaster, leading over a certain craggy Mountain, called Blackstone Edge, in the same County; and from thence to the Towns of Halifax and Ealand, in the County of York."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday next; and to adjourn as they please.

King's Answer to the Address for Account of Depredations.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Friday last, for Copies of Reports made by His Majesty's Commissaries in Spain, with all Papers relating thereto; and an Account what Satisfaction has been obtained for the Losses sustained by the Depredations of the Spaniards: And that His Majesty had been pleased to give Directions to the proper Officers, that the same be laid before this House accordingly."

Whitby Pier, Bill.

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

With a Bill, intituled, "An Act for lengthening the West Pier of the Harbour of Whitby, in the County of York;" to which they desire the Concurrence of this House.

And the said Bill was read the First Time.

Kilburn Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for repairing the Road from St. Giles's Pound to Kilbourn Bridge, in the County of Middlesex; and for paving that Part of the Road called Oxford-street."

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

Their Lordships, or any Five of them; to meet at the usual Place, on Wednesday next; and to adjourn as they please.

Toller to take the Name of Treffry, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Toller, now called William Toller Treffry, Gentleman, and his Issue Male, to take and use the Surname of Treffry only, pursuant to the Deed of Settlement of John Treffry Esquire, deceased."

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

Their Lordships, or any Five of them; to meet at the usual Place, on the same Day; and to adjourn as they please.

Chadleton Commons to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners to make a Division of certain Commons and Waste Lands, lying within the Manor and Parish of Chedleton, in the County of Stafford, among the Proprietors, in order to enclose the same."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 16th Day of April next; and to adjourn as they please.

St. Alban's Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and making more effectual an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex," and for continuing the Commissioners authorized to put the said Act in Execution."

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

Their Lordships, or any Five of them; to meet at the usual Place, on Wednesday next; and to adjourn as they please.

Hall to amend his Appeal; and Lincoln to answer.

Upon reading the Petition of Thomas Hall; setting forth, "That Mary Lincoln Widow, having taken out Letters of Administration de Bonis non to James Clarke, the Petitioner is advised she is a necessary Party to be made a Respondent;" and praying, "That he may be at Liberty to amend his Appeal, by making the said Mary Lincoln a Respondent therein; and that she may be ordered to put in her Answer thereunto, in such Time as to the House shall seem meet:"

It is Ordered, That the Petitioner may amend his Appeal, as desired; and that the said Mary Lincoln may have a Copy thereof; and do put in her Answer thereunto, in Writing, on or before Monday the Fifth Day of May next.

Baillie's Appeal not to be received.

The Lord President reported from the Lords Committees appointed the 3d Day of February last, to consider of the Petition of John Baillie of Walstoun, a Lunatic, by Alexander Hammond Esquire his Committee, and Mr. John Dicksone his Tutor of Law; praying Liberty to amend the Petitioner's Appeal, by adding the Name of the said John Dicksone; and that the same may be received, and such Order made thereupon as to the House shall seem meet: "That the Committee had met, and considered the Matter to them referred; and are of Opinion, That the said Appeal ought not to be received, the same not having been regularly brought, pursuant to the Standing Order of this House, of the 24th of March 1725, limiting the Number of Years for the bringing of Appeals."

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

Mathew, Leave for a Naturalization Bill.

Upon reading the Petition of Stephen Mathew; praying Leave may be given to bring in a Bill, for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Hall against Digby.

The House being informed, "That a Person attended, in order to deliver in several Papers and Proceedings, in the Cause wherein Thomas Hall of the City of Dublin, Merchant, Administrator of the Goods and Chattels of Augustine Clarke, deceased, is Appellant, and Richard Digby and his Wife are Respondents:"

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the same Papers and Proceedings; attesting upon Oath, "That 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.

Anstis against Gandy & Ux.:

After hearing Counsel, upon the Petition and Appeal of John Anstis Esquire Garter; complaining of certain Parts of a Decree made by the Master of the Rolls, the 1st of March 1724, in a Cause wherein John Gandy and his Wife and others were Plaintiffs, and the Appellant was Defendant; and in a Cross Cause, wherein the Appellant was Plaintiff, and the said John Gandy and his Wife and others were Defendants; and likewise complaining of an Order made by the late Lord Chancellor, the 6th of July 1733, upon arguing the Appellant's Exceptions to the Master's Report; and praying, "That this House will make such Decree, and give the Appellant such Relief in the Premises as to their Lordships may seem reasonable:" As also upon the Answer of the said John Gandy and his Wife put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Decree and 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 Decree and Order therein complained of, made on arguing the said Appellant's Exceptions, be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

Adjourn.

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