House of Lords Journal Volume 24: April 1735, 1-10

April 1735, 1-10

DIE Martis, 1^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hall against Digby.

The Answer of Richard Digby and Anne his Wife, to the Appeal of Thomas Hall, of the City of Dublin, Merchant, Administrator of Augustine Clarke, late of the said City, Merchant, deceased, was brought in.

Registering Deeds in North Riding of Yorkshire, Bill.

The Earl of Malton reported from the Lords Committees to whom the 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," was committed: "That they had 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."

Heron to make Respondents, as advised.

The Earl of Findlater reported from the Lords Committees appointed to consider of the Petition of Alexander Hamilton, Agent for Patrick Heron Esquire, and others, in an Appeal, to which James Earl of Gallway is Respondent; praying Leave to amend the Appeal, as in the Petition mentioned, upon amending the Respondent's Copy: "That the Committee have met, and considered the said Petition; and are of Opinion, That the Appellants should be at Liberty to amend their Appeal, by leaving out the Name of Mr. George Douglas as an Appellant, and making such Persons Respondents as they shall be advised:"

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

And Ordered accordingly:

And further, "That such Parties as shall be made Respondents do put in their Answer or respective Answers to the said Appeal, in Writing, on or before Tuesday the 29th Day of this Instant April; and that Service of the Order of this House for that Purpose on the Respondent's Agents in the Court of Session in Scotland be deemed good Service."

Broughton, &c. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Anna Elizabeth Broughton and Josias Cottin."

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 Mr. Thomas Bennet and Mr. Spicer:

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

E. of Aylesford's Privilege:

A Petition of John Mathew, was presented to the House, and read; setting forth, "That he was committed to the Custody of the Serjeant at Arms, for causing some poor labouring Men to scour a certain Brook in Possession of the Earl of Aylesford, and using opprobrious Expressions of the said Earl, in Breach of the Privilege of this House; and that the Petitioner is highly sensible of the great Offences he has been guilty of, and is heartily sorry for the same;" and praying, "In regard his Affairs in the Country suffer very much by his Confinement, that he may be discharged out of Custody."

And thereupon the said Earl acquainting the House, That the Petitioner had, by Letter, made a due Submission to his Lordship, and Acknowledgment of his Offences:"

Mathew to be brought to the Bar, to be discharged.

Ordered, That the said John Mathew be brought to the Bar of this House, To-morrow, in order to his Discharge.

Sheffield Church, Bill.

The Earl of Strafford (pursuant to the Order of the House of the 10th of March last) presented a Bill, intituled, "An Act for making the new-erected Church in the Town of Sheffield, in the County of York, a Parish Church within its own Walls; and for settling the perpetual Advowson of the said Church."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time To-morrow Fortnight, being the 16th Day of this Instant April.

Mac Donnel's Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the Relief of Hannah Macdonnel, with relation to the forfeited Estates in Ireland; and for enabling Randal Macdonnel Esquire to sell or encumber the Estate therein mentioned;" to which they desire the Concurrence of this House.

The Bill was read the First Time.

Ordered, That the Consideration of the said Bill be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Fortescue Aland; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Quartering Soldiers at Elections, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Quartering of Soldiers, during the Time of Elections of Members to serve in Parliament."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Fortnight; and the Lords to be summoned.

Adjourn.

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

DIE Mercurii, 2^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Salt Duties, Bill.

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

With a Bill, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Four Years; 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.

The said Bill was read the First Time.

St. Albans, &c. Road, Bill.

The Earl of Warrington reported from the Lords Committees to whom the 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 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," 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."

Rochdale Road, Bill.

The Earl of Warrington made the like Report from the Committee to whom the Bill, 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 BlackstoneEdge, in the same County, and from thence to the Towns of Halifax and Ealand, in the County of York," was committed.

Toller to take the Name of Treffry, Bill.

The Earl of Aylesford made the like Report from the Committee to whom the 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," was committed.

Registering Deeds in North Riding of Yorkshire, Bill:

Hodie 3^a vice lecta est Billa, 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."

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. Thomas Bennet and Mr. Spicer:

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

Whitby Pier, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for lengthening the West Pier of the Harbour of Whitby, in the County of York; and for improving the said Harbour."

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

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

Appleton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Joshua Appleton Gentleman, a Lunatic, by Anne Trigge Widow, his Sister and Committee; 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 confirming and establishing a Partition of the Estate of Henry Appleton Esquire, made pursuant to a Decree of the Court of Chancery."

Cantillon & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Anne Cantillon, Widow and Executrix of Richard Cantillon Esquire, deceased, Henry Furnese and Francis Garvan, Esquires; 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 the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased; and for other Purposes therein mentioned."

Ld. Polwarth, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Hugh Hume Campbell, commonly called Lord Polwarth, and Anne his Wife; 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 Hugh Hume Campbell, commonly called Lord Polwarth, and others, to sell Lands in Essex, settled by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands, of like Value, to be settled to the same Uses."

Sir Charles Gilmour, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Charles Gilmour Baronet 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.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Charles Gilmour Baronet to sell Part of the Lands and Baronies of Craigmillar and Nether (fn. 1) Liberton, for Payment of Debts, with which the said Estate stands charged and encumbered."

E. of Aylesford's Privilege; Mathew discharged.

John Mathew, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in causing certain poor Men to scour a Brook in the Possession of the Earl of Aylesford, and uttering opprobrious Expressions of the said Earl, was (according to Order) brought to the Bar; where he (on his Knees) receiving a Reprimand from the Lord Chancellor for his said Offences, was discharged out of Custody, paying his Fees.

Sinking Fund, Bill.

Hodie 2^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 committed to a Committee of the whole House, on this Day Fortnight.

Barlow against Bateman:

After hearing Counsel, upon the Petition and Appeal of Charles Barlow Gentleman; complaining of an Order and Decree of the Master of the Rolls, made the 13th Day of July 1730, in a Cause wherein the Appellant was Plaintiff, and Robert Barlow, called in the Appeal Robert Bateman, and Mary his Wife, and the Executors of George Barlow deceased, were Defendants, which Order and Decree is since signed and enroled; and also complaining of another Decree of the Master of the Rolls, of the 22d Day of July 1734, made in a Cause wherein the said Robert Barlow and his said Wife were Plaintiffs, and the Executors of the said Will and the Appellant Defendants; and praying, That the said Decrees may be reversed and rectified; and that the Appellant may have such other Relief as to the House shall seem meet:" As also upon the Answer of the said Robert Barlow and Mary his Wife, and the Two surviving Executors of the said George Barlow, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament, That the Appellant is well entitled to the Legacy of One Thousand Pounds, conditionally bequeathed to him by the said Will: And it is therefore Ordered and Adjudged, That the said Decree of the 13th of July 1730 be, and the same is hereby, reversed: And it is further Ordered, That it be, and is hereby, referred to One of the Masters of the Court of Chancery, to inquire what Part of the Testator's Personal Estate hath been laid out by his Executors in Bank Stock and South Sea Annuity Stock, and what Proportion thereof and of the Produce thereof belongs to the Appellant, in respect of the said Legacy of One Thousand Pounds: And it is hereby further Ordered, That the said Court of Chancery do give the necessary Directions for taking the said Accompt, and for the Transfer and Payment of so much of the said Bank Stock and South Sea Annuity Stock and of the Produce thereof to the Appellant, as shall appear to be his Proportion of the same, in respect of the said Legacy: And it appearing that the said Decree of the 22d of July 1734 hath not been signed by the Lord Chancellor, it is hereby Declared, That the Appeal from the said Decree is brought irregularly: And it is therefore Ordered and Adjudged, That the same, so far as it complains of the said Decree last mentioned, be, and the same is hereby, dismissed this House; but with Liberty notwithstanding to all Parties to apply to the Lord Chancellor, if they shall think fit, to re-hear the Cause.

Adjourn.

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

DIE Jovis, 3^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Protestant Purchasers indemnifying, Bill.

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

With a Bill, intituled, "An Act to indemnify Protestant Purchasers of Estates of Papists, against the Penalties or Forfeitures Papists are liable to for not registering their Estates, or for not having enroled the same, in Pursuance of the Acts of the First and Third Years of King George the First for that Purpose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cantillon's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Friday the 18th Instant; and to adjourn as they please.

Kilbourn Road, Bill:

The Earl of Warrington reported from the Lords Committees to whom the 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 Middlesex; and for paving that Part of the Road called Oxford Street," 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."

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 Mr. Thomas Bennett and Mr. Spicer:

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

Whitby Pier. Bill:

The Earl of Craufurd made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for lengthening the West Pier of the Harbour of Whitby, in the County of York; and for improving the said Harbour," was committed.

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 the like Purpose.

Lord Polwarth's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Hugh Hume Campbell, commonly called Lord Polwarth, and others, to sell Lands in Essex, settled by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands of like Value, to be settled to the same Uses."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Sir Charles Gilmour's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Sir Charles Gilmour Baronet to sell Part of the Lands and Baronies of Craigmillar and Nether (fn. 2) Liberton, for Payment of Debts with which the said Estate stands charged and encumbered."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Rochdale Road, Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

St. Alban's Road, Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

Toller, to change his Name to Treffry, Bill:

Hodie 3^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."

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 Three preceding Bills.

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

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

Appleton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing a Partition of the Estate of Henry Appleton Esquire, made pursuant to a Decree of the Court of Chancery."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Sheffield Church, Bill; to issue Orders for Witnesses.

Ordered, That the Clerk be empowered to issue Orders for such Witnesses whose Names shall be delivered to him, to attend this House, in relation to the Bill now depending, intituled, "An Act for making the new-erected Church, in the Town of Sheffield, in the County of York, a Parish Church within its own Walls; and for settling the Perpetual Advowson of the said Church."

Hall against Digby & al.

The House being moved, "That a Day may be appointed, for hearing 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:"

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.

Salt Duties, Bill.

Ordered, That the Bill, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Four Years; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices," be read a Second Time on this Day Fortnight; and the Lords to be summoned.

Adjourn.

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