House of Lords Journal Volume 24: April 1736, 21-30

April 1736, 21-30

DIE Mercurii, 21^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Craik against Craik.

The joint and several Answers of Jean Craik and her Husband, to the Appeal of Mary Craik, was brought in.

Sallom's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting in John Sallom Gentleman and his Heirs a Reversion in Fee of Lands and Hereditaments therein mentioned, in the County of Lancaster, forfeited by Gabriel Hesketh, attainted of High Treason."

Spirituous Liquors, Bill.

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

With a Bill, intituled, "An Act for laying a Duty upon the Retailers of Spirituous Liquors, and for licensing the Retailers thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Purray's Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing David Purray," was committed: "That they had considered the said Bill, as also the Petition of John Anthony Merle, 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.

Recovery of Small Debts in London, Bill.

The Order of the Day being read, for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the City of London, and Liberties thereof."

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

Morgan against Perkins & al.:

After hearing Counsel, upon the Petition and Appeal of Thomas Morgan, of the Town of Cardiff in the County of Glamorgan, Gentleman; complaining of a Decree of the Chancery of the Great Sessions for the Counties of Glamorgan, Brecon, and Radnor, made the 10th Day of September last, in a Cause wherein William Perkins and Anne his Wife, and Elizabeth Morgan Spinster, were Plaintiffs, and the Appellant, William Morgan Esquire, and Robert Powell, Defendants; and praying, "That the same may be reversed; and that the Appellant may have such further Relief as to the great Wisdom of this House shall seem meet:" As also upon the several Answers of the said William Perkins and Anne his Wife, William Morgan, Elizabeth Morgan, and Robert Powell, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, affirmed; with this Variation, videlicet, Instead of these Words ["out of the Fund reported to be received"], these Words be inserted ["which were charged upon the Fund reported to be received];" and with this Addition; (videlicet,) "That in case the Money paid by the Appellant and his Testatrix, for Debts, Legacies, and Funeral Expences, and the Principal Money and Interest which he is by the said Decree ordered to pay, shall exceed the whole Money received by him and his Testatrix out of the Personal Estate of the Testator, and the Value of such specific Goods as came to his or her Hands or Use, this Decree and the Affirmance thereof are to be without Prejudice to any Claim the Appellant may have to be reimbursed the Surplus out of the Real Estate of the said Testator."

Justices, &c. of Lanerk, Pet. against Glasgow Duty on Beer Bill.

Upon reading the Petition of the Justices of the Peace, Commissioners of the Land Tax, and Heretors, of the Shire of Lanerk; praying to be heard, by Counsel, against the Bill for continuing the Duty of Two Pennies Scots on every Pint of Ale and Beer sold in the City of Glasgow:

It is Ordered, That the Petitioners may be heard, as desired, at the Third Reading of the said Bill.

Reessen Nat. Bill.

Upon reading the Petition of John Reessen; praying Leave to bring in a Bill, for his Naturalization:

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

Accordingly the Lord Bishop of St. Davids presented to the House a Bill, intituled, "An Act for naturalizing John Reessen."

And the same was read the First Time.

Adjourn.

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

DIE Jovis, 22^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Importation and Exportation of Fish, Bill.

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

With a Bill, intituled, "An Act to render the Law more effectual, for preventing the Importation of Fresh Fish taken by Foreigners; and to explain so much of an Act, made in the Thirteenth and Fourteenth Year of the Reign of King Charles the Second, as relates to Ships exporting Fish to the Ports of The Mediterranean Sea; and for the better Preservation of the Fry of Lobsters on the Coasts of Scotland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the Bill for Smith to take the Name of Allgood.

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

To return the Bill, intituled, "An Act to enable George Allgood Esquire, lately called George Smith, and the Heirs Male of his Body, to take and use the Surname of Allgood only, pursuant to the Will of George Allgood Gentleman, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Spirituous Liquors, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying a Duty upon the Retailers of Spirituous Liquors, and for licensing the Retailers thereof."

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

Causes put off.

Ordered, That the Cause which stands to be heard To-morrow be put off to Monday Sevennight; and the other Causes removed, to come on in Course.

Irvine Duty on Beer, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed, or brought into, and sold within the Town of Irvine, and Liberties thereof; and for laying a Duty of One Penny Sterling upon every Ton, or Ten Horse Loads, of Coals, carried to the Harbour of the said Town, and shipped there for Transportation."

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 it.

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

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

Reessen takes the Oaths for Naturalization.

John Reessen took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Reessen."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday the 3d Day of May next; and to adjourn as they please.

Purry's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize David Purry."

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 the former Messengers:

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

Persons who have omitted to take the Oaths for Offices, to indemnify, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices within the Time limited by Law, and for allowing further Time for that Purpose; and for amending so much of an Act, passed in the Second Year of the Reign of His present Majesty, as requires Persons to qualify themselves for Offices before the End of the next Term or Quarter Sessions; and also for enlarging the Time limited by Law for making and subscribing the Declaration against Transubstantiation; and for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees."

After some Time, the House was resumed.

And the Earl of Warwick 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."

Ixworth Common, to enclose, Bill.

Ordered, That the Committee on the Bill, intituled, "An Act for dividing and enclosing the Common Field and Plots of Commonable Lands, and for stinting the Common, or Heath, in the Manor of Ixworth, within the Parish of Ixworth, in the County of Suffolk," which is appointed to meet on Saturday next, be put off to Monday Sevennight.

Vaux's Bill.

Also, the Committee on the Bill, intituled, "An Act for Sale of Part of the Estate late of Thomas Vaux Esquire, deceased, for discharging his Debts and Encumbrances," be put off to the same Day.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Maii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.