House of Lords Journal Volume 26: March 1743, 11-20

March 1743, 11-20

DIE Veneris, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Savage & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Margaret Savage Spinster and others; praying Leave to bring in a Private Bill:

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 establishing an Agreement between Margaret Savage Spinster, and Elizabeth Byrch Widow, Two of the Daughters and Coheirs of Thomas Savage Esquire, deceased, relating to the Settlement and Disposition of the Real and Personal Estate of the said Thomas Savage."

Norris's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower Anna Norris Widow, Mother and Guardian to John Norris, an Infant, to grant One or more Building Lease or Leases of certain Messuages, and a Piece or Parcel of Ground, in Fenchurch Street, in the Parish of St. Benedict Gracechurch, London."

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. Elde and Mr. Burroughs:

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

Insolvent Debtors Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of Insolvent Debtors."

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

Elections of Knights of Shires, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend the Laws touching the Elections of Knights of the Shire, to serve in Parliament, for that Part of Great Britain called England; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections."

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

Plunket's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Remainder in Fee of several Lands in Ireland, the Estate of Arthur Plunkett Esquire, in Trustees, in order to sell such Lands to Protestant Purchasers."

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

It was Resolved in the Affirmative.

Dummer Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the enclosing and dividing the Common Fields and Waste Grounds, lying within the Manor of Dummer, in the Parish of Dummer, in the County of Southampton."

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 the Two 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 Two last mentioned Bills, without any Amendment.

D. Buccleuch to be E. of Doncaster, &c. Bill:

The Lord Carteret (by His Majesty's Command) brought in a Bill, signed by His Majesty, intituled, An Act for restoring Francis Duke of Buccleuch to the Dignities and Titles of Earl of Doncaster, and Baron Scott of Tindall."

And the same was read the First Time.

Luton to St. Alban's, Road Bill.

The Lord Viscount Torrington reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing an Act, made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for amending and repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County; and for repairing the Roads from Luton to St. Albans, in the County of Hertford," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Justices of Peace to act in certain Cases, Bill.

A Message was brought from the House of Commons, by Sir Hugh Smithson and others:

With a Bill, intituled, "An Act to empower Justices of Peace to act in certain Cases relating to Parishes and Places, to the Rates and Taxes of which they are rated or chargeable;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Corporations quieting, Bill, rejected.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further quieting and establishing Corporations."

After Debate;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Negative.

Ordered, That the said Bill be rejected.

Committee to consider of Heads for a new Bill.

Ordered, That the Lords following be appointed a Committee, to consider of Heads for a Bill for the further quieting and establishing Corporations:

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

Annuities and Lottery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising, by Annuities and a Lottery, in Manner therein mentioned, the Sum of One Million Eight Hundred Thousand Pounds, at Three Pounds per Centum per Annum, for the Service of the Year One Thousand Seven Hundred and Fortythree."

After some Time, the House was resumed.

And the Lord Willoughby of Parham 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."

Against assisting Prisoners to escape, Bill.

The Lord Willoughby of Parham (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape," was committed, the Amendments made by the Committee to the said Bill.

And the same, being read Twice by the Clerk, were agreed to by the House, and are as follow:

"Press 1. L. 2. After ["shall"], insert ["aid or"]; and, in the same Line, leave out ["or encourage"].

"L. 3. Before ["escape"], insert ["attempt to"]; and, after ["escape"], insert ["out of lawful Custody"]."

"L. 11. and 12. Leave out ["in his or her Escape, or"], and insert ["to"]."

"L. 12. Before the Second ["Escape"], insert ["make his or her"]."

"L. 13. Leave out ["Prison"], and insert ["any Gaol"]."

"L. 14. Leave out ["shall be"], and insert ["then was"]."

"L. 15. Before ["Felony"], insert ["any"]; and, after ["Felony"], insert ["except Petty Larceny"]."

"L. 16. Leave out ["Prison"], and insert ["Gaol"]."

"L. 17. Before ["Felony"], insert ["any"]; and after ["Felony"], insert ["except Petty Larceny"]."

"L. 23. After ["Years"], insert ["and in case such Prisoner then was convicted of, committed to or detained in any Gaol for, Petty Larceny, or any other Crime, not being Treason or Felony, expressed in the Warrant of his or her Commitment or Detainer as aforesaid, or then was in Gaol, upon any Process whatsoever, for any Debt, Damages, Costs, Sum or Sums of Money, amounting in the Whole to the Sum of One Hundred Pounds; every Person so offending as aforesaid, and being thereof lawfully convicted, shall be deemed and adjudged to be guilty of a Misdemeanor, for which he or she shall be liable to a Fine and Imprisonment"]."

"L. 28. Leave out ["disguising Apparel"], and insert ["other Disguise"]."

"L. 31. Leave out ["such"]."

"L. 32 and 33. Leave out ["so convicted or attainted, committed or detained"], and insert ["in any such Gaol."]"

"L. 39. Leave out ["disguising Apparel"], and insert ["or other Disguise."]"

"L. ult. After ["and"], insert ["in Case such Prisoner then was attainted or convicted of Treason, or any Felony ["except Petty Larceny"], or lawfully committed to or detained in any such Gaol for Treason, or any Felony ["except Petty Larceny"], expressed in the Warrant of Commitment or Detainer, ["every Person so offending, and"]; and after ["thereof"], insert lawfully"]."

"Pr. 2. L. 4. Leave out ["and"], and insert ["but"]."

"L. 5. After ["Vizor"], insert ["or Disguise."]"

"L. 6. Leave out ["Apparel"]."

"L. 7. Leave out ["shall be"], and insert ["then was"]; and in the same Line, leave out ["or attainted"]."

"L. 8. After ["for"], insert ["Petty Larceny, or"]; and, in the same Line, after ["any"], insert ["other"]."

"L. 10. Leave out ["shall be imprisoned"]."

"L. 14. Leave out from ["Person"] to ["shall"], in the 18th Line; and insert ["so offending, and being thereof lawfully convicted"]."

"L. 20. After ["be"], insert ["in like Manner"], and leave out ["such"], and insert ["a"]; and after ["Imprisonment"], leave out to the End of the Bill, and add, ["And be it further Enacted, by the Authority aforesaid, That if any Person shall, from and after the Twenty-fourth Day of June, One Thousand Seven Hundred and Forty-three, aid or assist any Prisoner to attempt to make his or her Escape, from the Custody of any Constable, Headborough, Tithingman, or other Officer or Person, who shall then have the lawful Charge of such Prisoner, in order to carry him or her to Gaol, by virtue of a Warrant of Commitment for Treason, or any Felony (except Petty Larceny) expressed in such Warrant; then every Person so offending, and being lawfully convicted thereof, shall be deemed and adjudged to be guilty of Felony, and shall be transported to one of His Majesty's Colonies or Plantations in America, for the Term of Seven Years: Provided always, and be it Enacted, That there shall be no Prosecution for any of the said Offences, unless such Prosecution be commenced within One Year after such Offence committed: And be it further Enacted, by the Authority aforesaid, That if any Person, who shall be ordered for Transportation in Pursuance of this Act, shall return from Transportation, or be at large in any Part of Great Britain, without some lawful Cause, before the Expiration of the Term for which he or she shall have been ordered to be transported, every such Person shall be liable to the same Punishment, and to the like Methods of Prosecution, Trial, and Conviction, for returning from such Transportation, or for being at large in any Part of Great Britain, as other Felons transported, or ordered to be transported, are liable unto by virtue of the Laws now in Force"].

"To the Title of the Bill:

"L. 2. After ["shall"], insert ["aid or"]; and leave out ["or encourage"]."

"L. 3. After ["to"], insert ["attempt to"]; and after ["escape"], insert ["out of lawful Custody"].

Respondents peremptorily to answer E. Sutherland's Appeal.

The House was informed, "That several of the Respondents to the Appeal of William Earl of Sutherland have not put in their Answers to the said Appeal, though duly served with the Orders of the House for that Purpose."

And thereupon an Affidavit, made by Thomas Sinclair Writer in Edinburgh, of the due Service of the said Orders, being read:

Ordered, That the several Respondents who have not answered the said Appeal do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Adjourn.

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

DIE Lunæ 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Naghton against Reynolds & al.

Whereas this Day was appointed, for hearing the Cause wherein Laughlin Naghton Gentleman is Appellant, and Edwin Sandys Reynolds and others are Respondents:

It is Ordered, That the said Hearing be put off to Friday next.

Savage's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing an Agreement between Margaret Savage Spinster and Elizabeth Byrch Widow, Two of the Daughters and Coheirs of Thomas Savage Esquire, deceased, relating to the Settlement and Disposition of the Real and Personal Estate of the said Thomas Savage."

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 the 29th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Motion to shorten the Time of the Committees meeting.

Moved, "To dispense with the Standing Order relating to the Time of the Meeting of Committees on Private Bills, so far as that the Committee on the before-mentioned Bill may meet on a sooner Day, in regard the Session of Parliament is far advanced."

Ordered, That the said Motion be taken into Consideration on Wednesday next; and the Lords to be summoned.

Cirencester Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from the Town of Cirencester, in the County of Gloucester, to a Place called The Monument, upon Lansdown, in the same County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Against assisting Prisoners to escape, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape."

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. Burroughs and Mr. Allen:

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

Justices of Peace to act in certain Cases, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower Justices of the Peace to act in certain Cases relating to Parishes and Places, to the Rates and Taxes of which they are rated or chargeable."

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

D. Buccleuch to be E. of Doncaster, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for restoring Francis Duke of Buccleuch to the Dignities and Titles of Earl of Doncaster and Baron Scot of Tindal."

Ordered, That the said Bill be engrossed.

Annuities and Lottery, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising, by Annuities and a Lottery, in Manner therein mentioned, the Sum of One Million Eight Hundred Thousand Pounds, at Three Pounds per Centum per Annum, for the Service of the Year One Thousand Seven Hundred and Forty-three."

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

It was Resolved in the Affirmative.

Luton Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for amending and repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County; and for repairing the Roads from Luton to St. Albans, in the County of Hertford."

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 ordered to be 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.

Vaughan against Heckford:

Upon reading the Petition of Samuel Heckford Gentleman, Defendant in a Writ of Error brought into this House the Third Instant, in which Thomas Vaughan Gentleman is Plaintiff; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by the Standing Order, that the said Writ of Error may be non pros'd, with Costs:"

Writ of Error Non pro'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the said Defendant, the Sum of Ten Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Vaughan against Cantrell:

Upon reading the Petition of Catherine Cantrell, Defendant in a Writ of Error brought into this House the Third Instant, in which Thomas Vaughan Gentleman is Plaintiff; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by the Standing Order, that the said Writ of Error may be non pros'd, with Costs:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the said Defendant, the Sum of Ten Pounds, for her Costs by reason of the Delay of the Execution of the said Judgement.

Persons omitting to take the Oaths, indemnifying Bill.

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

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose; and also for amending so much of an Act made in the Twenty-fifth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," as relates to the Time of receiving the Sacrament of the Lord's Supper, now limited by the said Act;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. Sutherland against Anderson & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Earl of Sutherland is Appellant, and William Anderson and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday Sevennight next.

Adjourn.

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

DIE Mercurii, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Buceleuth to be E. of Doncaster, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for restoring Francis Duke of Buccleuch to the Dignities and Titles of Earl of Doncaster and Baron Scot of Tindall."

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. Burroughs and Mr. Allen:

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

Names of Commissioners of Land Tax, rectifying, Bill.

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

With a Bill, intituled, "An Act for rectifying Mistakes in the Names of the Commissioners for the Land Tax for the Year One Thousand Seven Hundred and Forty-two; and for the appointing other Persons, together with those named for the said Year, to put in Execution an Act of this present Session of Parliament, intituled, An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-three;" to which they desire the Concurrence of this House.

Against wearing Foreign Lace, Bill.

A Message was brought from the House of Commons, by Sir William Yonge Secretary at War and others:

With a Bill, intituled, "An Act for the more effectual preventing the Importation and Wear of Gold and Silver Thread, Lace, Fringe, or other Work made of Gold or Silver Wire, manufactured in Foreign Parts;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Ordered, That the last mentioned Bill be printed.

Cirencester Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Town of Cirencester, in the County of Gloucester, to a Place called The Monument, upon Lansdown, in the same County."

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 the former Messengers:

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

Savage's Bill Committee shortened.

The House (according to Order) proceeded to take into Consideration the Motion made on Monday last, for dispensing with the Standing Order relating to the Time of the Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for establishing an Agreement between Margaret Savage Spinster, and Elizabeth Byrch Widow, Two of the Daughters and Coheirs of Thomas Savage Esquire, deceased, relating to the Settlement and Disposition of the Real and Personal Estate of the said Thomas Savage," stands committed, may meet on a sooner Day than was at first appointed, in regard the Session of Parliament is far advanced.

And it being proposed, "That the said Committee be directed to meet To-morrow:"

The same was ordered accordingly.

Message from H. C. to return the E. of Thanet's & al. Bill, for Partition of the late Marquis of Halifax's Estates.

A Message was brought from the House of Commons, by Sir John Hynd Cotton and others:

To return the Bill, intituled, "An Act for confirming and establishing a Partition made between the Coheirs of the late Marquis of Halifax, of divers Estates therein mentioned; and for other Purposes in this Act expressed;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The Amendments, being read Thrice, were agreed to.

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

Gape's Bill.

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

To return the Bill, intituled, "An Act for enabling Thomas Gape and Joseph Gape Esquires to make Jointures and Leases of the Estates devised to them respectively by the Will of William Gape Esquire their late Father, deceased;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The Amendments, being read Thrice, were agreed to.

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

Message from H. C. to return Gore's Bill.

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

To return the Bill, intituled, "An Act for Sale of the settled Estates of William Gore Esquire, deceased, in the County of Middlesex and City of London, for Payment of his Debts and Legacies; and for rendering a Power contained in his Will more effectual;" and to acquaint this House that they have agreed to the same, without any Amendment.

Insolvent Debtors Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for Relief of Insolvent Debtors."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Justices of Peace to act in certain Cases, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to empower Justices of the Peace to act in certain Cases relating to Parishes and Places, to the Rates and Taxes of which they are rated or chargeable."

After some Time, the House was resumed.

And the Lord Willoughby of Parham 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."

Adjourn.

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

DIE Jovis, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Savage's Bill.

The Lord Clifton reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing an Agreement between Margaret Savage Spinster and Elizabeth Byrche Widow, Two of the Daughters and Coheirs of Thomas Savage Esquire, deceased, relating to the Settlement and Disposition of the Real and Personal Estate of the said Thomas Savage," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents; and that the Com mittee 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 said Bill, with the Amendments, be engrossed.

Justices of Peace to act in certain Cases, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower Justices of the Peace to act in certain Cases relating to Parishes and Places, to the Rates and Taxes of which they are rated or chargeable."

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. Burroughs and Mr. Allen:

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

Commissioners Names in Land Tax rectifying Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rectifying Mistakes in the Names of the Commissioners for the Land Tax for the Year One Thousand Seven Hundred and Forty-two; and for the appointing other Persons, together with those named for the said Year, to put in Execution an Act of this present Session of Parliament, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-three."

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

Report of Heads for a Bill to quiet Corporations.

The Lord Romney reported from the Lords Committees appointed to consider of Heads for a Bill for the further quieting and establishing Corporations, That the Committee have met, and considered the Matter to them referred; and have prepared Heads for a Bill, as follow:

"That reasonable Periods of Time be limited; after the Expiration whereof, the Rights, Franchises, and Liberties, of any City, Corporation, Borough, Cinque Port, or Place, within that Part of Great Britain called England, Wales, and Berwick upon Tweed, or the Office or Franchises of any Members of any such City, Corporation, Borough, Cinque Port, or Place, or of any Person or Persons possessed of or exercising any such Office or Franchise, shall not be impeached or called in Question; nor shall any of their Acts be questioned, by or upon Informations in Nature of a Quo Warranto, Writs of Mandamus, or other Proceedings whatsoever, for or by reason of any Informality, Irregularity, or other Defect, in the Nomination, Election, Admission, or Swearing, of the Mayor, Bailiss, or other Chief Officer or Officers, Recorder, Aldermen, Common Council Men, Capital Burgesses, Burgesses, Freemen, Jurats, or any of them, or of any other Officer or Member (by what Name soever called) of any such City, Corporation, Borough, Cinque Port, or Place, who now are, or at any Time hereafter shall be, in the actual Possession or Exercise of any such Office or Franchise, nor for or by reason of any Forfeiture or Disability arising from any such Informality, Irregularity, or Defect, unless such Informality, Irregularity, or Defect, or such Forfeiture or Disability, shall be taken Advantage of by some Prosecution or Prosecutions properly commenced for that Purpose, within a certain Time after the Commencement of the Bill, as to any such Officer or Member who now is in actual Possession or Exercise of any such Office or Franchise as aforesaid; and as to any such Officer or Member as hereafter shall be, within a certain Number of Years, to be limited in the Bill, next after such Officer or Member shall have been admitted into, or shall have been in the actual Possession or Exercise of, any such Office or Franchise as aforesaid; every such Prosecution to be carried on with Effect and due Diligence; and in case of affected or unnecessary Delay on the Part of the Prosecutor, to be dismissed with full Costs.

Such Bill to contain proper Provisoes, to prevent its avoiding or invalidating any Judgement already given, or any Charter already granted and accepted; or any Suit already instituted, and still depending."

Which Report being read by the Clerk:

It was moved, "That the Judges be directed to prepare, and bring in, a Bill thereupon."

But the same being objected to;

And it being also moved, "To take the said Report into Consideration on Tuesday next:"

After Debate;

The Question was put, upon the First Motion.

And it was Resolved in the Negative.

Message from H. C. to return Elvington Moor Bill.

A Message was brought from the House of Commons, by Sir Miles Stapylton and others:

To return the Bill, intituled, "An Act for enclosing and dividing the Common, or Moor, called Elvington Moor, within the Manor and Parish of Elvington, in the County of York;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The Amendments, being read Thrice, were agreed to.

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

Insolvent Debtors Bill.

The Lord Willoughby of Parham (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for Relief of Insolvent Debtors," was committed, the Amendments made by the Committee to the said Bill.

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

Enrolment of Deeds and Wills made by Papists, Bill.

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

With a Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Elections of Knights of the Shire, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to explain and amend the Laws touching the Elections of Knights of the Shire to serve in Parliament for that Part of Great Britain called England; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections:"

It is Ordered, That the House be put into a Committee thereupon, on Wednesday next; and the Lords to be summoned.

Naghton against Reynolds & al.

Ordered, That the Cause wherein Laughlin Naghton Gentleman is Appellant, and Edwyn Sandys Reynolds Esquire and others are Respondents, which stands to be heard To-morrow, be put off to Monday next.

Delahay's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of certain Estates in the County of Hereford, devised by the Will of Thomas Delahay Esquire, deceased, pursuant to a Decree of the Court of Chancery," stands committed, be revived; and meet To-morrow.

Adjourn.

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