Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 26: March 1744, 11-20', in Journal of the House of Lords Volume 26, 1741-1746( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol26/pp344-353 [accessed 5 July 2024].
'House of Lords Journal Volume 26: March 1744, 11-20', in Journal of the House of Lords Volume 26, 1741-1746( London, 1767-1830), British History Online, accessed July 5, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol26/pp344-353.
"House of Lords Journal Volume 26: March 1744, 11-20". Journal of the House of Lords Volume 26, 1741-1746. (London, 1767-1830), , British History Online. Web. 5 July 2024. https://prod.british-history.ac.uk/lords-jrnl/vol26/pp344-353.
In this section
March 1744, 11-20
DIE Lunæ, 12o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Brewers Casks, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for preventing Brewers Servants and others from selling, pawning, and making away with, Barrels, Casks, and other Vessels, entrusted with them respectively, without the Consent of the Owners and Proprietors thereof."
Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next; and that the Judges who are in Town do then attend.
Sir Peter Byrne's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Time limited by the Will of Sir Francis Leicester Baronet, deceased, for Sale of the Real Estate late of Sir John Byrne Baronet, deceased, in the Kingdom of Ireland; and also to enable Sir Peter Byrne Baronet and his Issue to take and use the Surname of Leicester only, pursuant to the said Will."
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.
E Moray to amend his Appeal.
Upon reading the Petition of James Earl of Moray; setting forth, "That, on the 9th of February last, he presented his Appeal to this House, complaining of several Interlocutors of the Lords of Session in Scotland, whereunto Charles Ross Esquire is the only Party made Respondent; and he has put in his Answer; but, the said Appeal being prepared in Scotland, the Petitioner did not till last Week discover that any of the Parties in the Cause had been left out;" and therefore praying, "he may have Leave to amend his said Appeal, by making George Lord Ross, William Master of Ross, Francis Lord (fn. 1) Donn, and James Stewart, Respondents thereto, upon amending the said Charles Ross's Copy, the Petitioner not desiring any further Answer from him:"
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, on the Condition abovementioned; and that the new-made Respondents do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 9th Day of April next.
E. Breadalbane & al. against Menzies & al. et è contra.
Counsel were called in, to be heard, in the Cause wherein John Earl of Breadalbane and His Majesty's Advocate are Appellants, and James Menzies of Culdairs Esquire and Angus Mac Donald of Kenknock Respondents, et è contra, upon an Appeal from several Interlocutors of the Lords of Session in Scotland.
And the First and Second Counsel for the said Earl having been fully heard; as also One Counsel on Behalf of the Crown:
They were all directed to withdraw.
Ordered, That the further Hearing of this Cause be adjourned till To-morrow.
D. Buccleuch & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Francis Duke of Buccleuch and Francis Scot Esquire, commonly called Earl of Dalkeith, his Eldest Son; 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 1a vice lecta est Billa, intituled, "An Act for confirming the Jointure, made on the Marriage of Francis Scot Esquire, commonly called Earl of Dalkeith, Eldest Son and Heir Apparent to Francis Duke of Buccleuch, with Lady Caroline Campbell; and for empowering the Heirs of Entail succeeding to the Estates of Francis late Earl of Buccleuch to make Jointures, in such Manner as is therein mentioned."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 13o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
E. Moray against Ross.
The Answer of George Lord Ross and William Master of Ross, to the Appeal of James Earl of Moray, was brought in.
D. Buccleuch's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Jointure made on the Marriage of Francis Scot Esquire, commonly called Earl of Dalkeith, Eldest Son and Heir Apparent to Francis Duke of Buccleuch, with Lady Caroline Campbell; and for empowering the Heirs of Entail succeeding to the Estate of Francis late Earl of Buccleuch to make Jointures in such Manner as is 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 on the Second Day of Meeting after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.
E. Plimouth's Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to authorize and empower the Guardians of Other Lewis Earl of Plimouth, an Infant, to purchase the Estate of his Grandfather Thomas Lewis Esquire, in the County of Glamorgan," 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 Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Sir Robert Sutton's Bill.
His Lordship made the like Report from the Committee to whom the Bill, intituled, "An Act for vesting the settled Estate of Sir Robert Sutton, in the County of Nottingham, in Trustees, to be sold, for discharging several Mortgages and Encumbrances; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled, together with his Estate in the County of Lincoln, to the Uses therein mentioned," was committed.
And the same Order was made.
E. Breadalbane & al. against Menzies, et è contra.
Counsel were called in, to be further heard, in the Cause wherein John Earl of Breadalbane and His Majesty's Advocate are Appellants, and James Menzies Esquire and Angus Mac Donald Respondents, et è contra.
And the First Counsel for the Respondents having been fully heard:
Further Hearing put off.
The Second Counsel acquainted the House, "That there were Terms proposed, for an Accommodation of the Matters in Difference; and that it was probable the same would be rendered effectual; the Parties therefore desired the further Hearing of this Cause might be adjourned for a Month."
Then the Counsel were directed to withdraw.
Ordered, That the further Hearing of this Cause be put off to Monday the 16th of April next, and the other Causes removed in Course.
Straton against Magistrates of Montrose.
Ordered, That the Cause wherein Colonel Charles Straton is Appellant, and the Magistrates and Town Council of the Borough of Montrose are Respondents, which stands to be heard To-morrow, be put off to Friday next, and the other Causes removed in Course.
Respondents to Le Neve's Appeal, peremptorily to answer.
The House was informed, "That Elizabeth Le Neve and Saville Cust, Respondents to the Appeal of Isabella Le Neve and others, have not put in their Answers thereunto, though duly served with the Order of this House for that Purpose."
And thereupon George Twining was called in.
And proving upon Oath, at the Bar, the due Service of the said Order:
He was directed to withdraw.
Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.
The House was likewise informed, "That John Norris, John Monk, and Anne Norris, have not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by John Mingay of the City of Norwich Gentleman, of the due Service of the said Order, being read:
Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.
The House was also informed, "That William Stukeley had not put in his Answer to the same Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by Richard Harland of Stamford in the County of Lincoln Gentleman, of the due Service of the said Order, being read:
Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a Week.
The House was likewise informed, "That John Carthew hath not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by Robert Waffe Gynne of Beccles in the County of Suffolk, of the due Service of the said Order, being read:
Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a Week.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 15o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Messages from H. C. with Bills; and to return Bassledon Heath enclosing Bill:
A Message was brought from the House of Commons, by Mr. Powney and others:
To return the Bill, intituled, "An Act for enclosing the Common and Waste Ground, called Bassledon Heath, in the County of Berks;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Spirituous Liquors, Act explaining, Bill:
A Message was brought from the House of Commons, by Mr. Francis Fane and others:
With a Bill, intituled, "An Act for granting to His Majesty the Surplus or Remainder of the Monies arisen, or to arise, by the Duties on Spirituous Liquors, granted by an Act of the last Session of Parliament; and for explaining and amending the said Act, in relation to the Retailers of such Liquors; and for establishing an Agreement with the United Company of Merchants of England trading to The East Indies;" to which they desire the Concurrence of this House.
Maidenhead Road repairing, Bill:
A Message was brought from the House of Commons, by Sir Hugh Smithson and others:
With a Bill, intituled, "An Act for continuing and enlarging the Term and Powers granted by an Act of Parliament, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing the Road from Cranford Bridge, in the County of Middlesex, to that End of Maidenhead Bridge which lies in the County of Bucks;" to which they desire the Concurrence of this House.
Bowes in Yorkshire Road, Bill:
A Message was brought from the House of Commons, by Sir Miles Stapylton and others:
With a Bill, intituled, "An Act for repairing the Road leading from the End of Middleton Tyas Lane, over Gatherley Moor, to Greetabridge, and from thence to Bowes, in the North Riding of the County of York;" to which they desire the Concurrence of this House.
Chester Road, Bill:
A Message was brought from the House of Commons, by Mr. Leveson Gower and others:
With a Bill, intituled, "An Act for more effectual repairing the Roads from Coleshill, in the County of Warwick, (through the City of Litchfield) to Stone, in the County of Stafford, and from thence to the City of Chester; and for amending other Roads therein mentioned;" to which they desire the Concurrence of this House.
Derby Road, Bill:
A Message was brought from the House of Commons, by Sir Nathaniel Curzon and others:
With a Bill, intituled, "An Act for continuing and making more effectual an Act, made in the Eleventh Year of His present Majesty's Reign, for repairing several Roads leading to and from the Town of Derby, in the County of Derby;" to which they desire the Concurrence of this House.
Ripon, &c. Road, Bill:
A Message was brought from the House of Commons, by Mr. Henry Vane and others:
With a Bill, intituled, "An Act for extinguishing a Right of Common, claimed by and belonging to the Owners and Proprietors of ancient Burgages and Tenements, in Ripon, Littlethorpe, and Bondgate, in the County of York; and for settling and providing an Equivalent for the said Common Right;" to which they desire the Concurrence of this House.
Borrowstounness Duty on Beer, Bill.
A Message was brought from the House of Commons, by Mr. Hope Wair and others:
With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Borrowstounness and Liberties thereof, in the County of Linlithgow, for repairing the Harbour of the said Town;" to which they desire the Concurrence of this House.
The said Seven last mentioned Bills were all read the First Time.
Ld. Caher's Bill.
The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Lord Baron of Caher in the Kingdom of Ireland, towards discharging the Debts and Encumbrances affecting the same, and other Purposes therein mentioned," 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 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 said Bill, with the Amendments, be engrossed.
Ayshcombe's Bill:
The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of John Ayshcombe Gentleman, lying in the County of Warwick; and for settling another Estate, in the same County, of equal Value, to the same Uses, in Lieu thereof, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations, which were found to be true; that the Parties concerned had given their Consents; 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 said Bill, with the Amendments, be engrossed.
Brewers Casks, &c. Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for preventing Brewers Servants and others from selling, pawning, and making away with, Barrels, Casks, and other Vessels, entrusted with them respectively, without the Consent of the Owners and Proprietors thereof."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had heard the Lord Chief Justice of the King's Bench, in relation to the said Bill, and made a Progress therein."
Ordered, That the House be put into a Committee again on the said Bill, on Tuesday the 17th Day of April next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 16o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
E. Moray against Ross & al.
The joint and several Answer of Francis Lord (fn. 2) Dunn Eldest, and James Stewart Second, Son of James Earl of Moray, Two of the Respondents to the amended Appeal of the said Earl, was brought in:
Leigh against Jones & al.
As was also, the Answer of Richard Leigh an Infant, by his Guardian John Tucker the Elder, to the Appeal of Francis Leigh Esquire.
Ayshcombe's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of John Ayshcombe Gentleman, lying in the County of Warwick; and for settling another Estate, in the same County, of equal Value, to the same Uses, in Lieu thereof; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Ld. Caher's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Lord Baron of Caher in the Kingdom of Ireland, towards discharging the Debts and Encumbrances affecting the same, and other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To carry down the said Bills, and desire their Concurrence to them.
Flecknoe Common enclosing Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled. "An Act for enclosing and dividing the Common Fields called Flecknoe, in the Parish of Wolfhampcoat, in the County of Warwick," 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 Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Spirituous Liquors Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Surplus or Remainder of the Monies arisen, or to arise, by the Duties on Spirituous Liquors, granted by an Act of the last Session of Parliament; and for explaining and amending the said Act, in relation to the Retailers of such Liquors; and for establishing an Agreement with the United Company of Merchants of England trading to The East Indies."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
Col. Straton against Magistrates of Montrose.
After hearing Counsel in Part, upon the Petition and Appeal of Colonel Charles Straton of Old Montrose; complaining of several Interlocutors of the Lords of Session and Lord Ordinary in Scotland, to which the Magistrates and Town Council of the Borough of Montrose are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Cause for that Day be put off to Tuesday.
Derby Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and making more effectual an Act, made in the Eleventh Year of His present Majesty's Reign, for repairing several Roads, leading to and from the Town of Derby, in the County of Derby."
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 next; and to adjourn as they please.
Bowes Road Yorkshire, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the End of Middleton Tyas Lane, over Gatherley Moor, to Greetabridge, and from thence to Bowes, in the North Riding of the County of York."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Burrowstounness Duty on Beer, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Burrowstounness and Liberties thereof, in the County of Linlithgow, for repairing the Harbour of the said Town."
Ordered, That the said Bill be committed to the same Committee:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Chester Road, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing the Roads from Coleshill, in the County of Warwick, through the City of Litchfield, to Stone, in the County of Stafford, and from thence to the City of Chester; and for amending other Roads therein mentioned."
Ordered, That the said Bill be committed to the same Committee:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Maidenhead Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and enlarging the Term and Powers granted by an Act of Parliament, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing the Road from Cranford Bridge, in the County of Middlesex, to that End of Maidenhead Bridge, which lies in the County of Bucks."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Ripon Common Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for extinguishing a Right of Common, claimed by and belonging to the Owners and Proprietors of ancient Burgages and Tenements, in Ripon, Littlethorpe, and Bondgate, in the County of York; and for settling and providing an Equivalent for the said Common Right."
Ordered, That the said Bill be committed to the same Committee:
Their Lordships, or any Five of them; to meet on the Second Day of Meeting after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 19o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Langton Common Bill:
The Earl of Harborough reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming an Agreement made, to exchange certain Rights of Common, in the Parish, Townships, or Hamlets, of East Langton, West Langton, Church Langton, and Thorpe Langton, in the County of Leicester; and for settling an Yearly Sum to be paid to the Rector of the said Parish and his Successors, in Lieu of Tithes," 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 Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Derby Road, Bill:
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing and making more effectual an Act, made in the Eleventh Year of his present Majesty's Reign, for repairing several Roads leading to and from the Town of Derby, in the County of Derby," 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."
Bowes in Yorkshire, Road Bill.
The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from the End of Middleton Tyas Lane, over Gatherley Moor, to Greetabridge, and from thence to Bowes, in the North Riding of the County of York," was committed.
Chester Road, Bill:
The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for more effectually repairing the Roads from Coleshill, in the County of Warwick, through the City of Litchfield, to Stone, in the County of Stafford, and from thence to the City of Chester; and for amending other Roads therein mentioned," was committed.
Burrowstounness Duty on Beer, Bill:
The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Burrowstounness and Liberties thereof, in the County of Linlithgow, for repairing the Harbour of the said Town," was committed.
Spirituous Liquors, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty the Surplus or Remainder of the Monies arisen, or to arise, by the Duties on Spirituous Liquors, granted by an Act of the last Session of Parliament; and for explaining and amending the said Act, in relation to the Retailers of such Liquors; and for establishing an Agreement with the United Company of Merchants of England trading to The East Indies."
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."
Jones & al. against Bennet & al.; and Leigh against Bennet & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Jasper Jones Esquire and his Wife are Appellants, and John Bennet and others Respondents; and the Cause wherein Francis Leigh Esquire is Appellant, and the said John Bennet and others are Respondents:"
It is Ordered, That this House will hear both the said Causes together, by Counsel, at the Bar, on the First Day for Causes after those already appointed.
Boetefeur to be naturalized, Leave for a Bill:
Upon reading the Petition of Bernhard Joachim Boetefeur; praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, as desired.
Bill read.
Accordingly, the Lord Willoughby de Broke presented to the House a Bill, intituled, "An Act for naturalizing Bernhard Joachim Boetefeur."
And the same was read the First Time.
Message from H. C. with a Bill; and to return Powys's Bill:
A Message was brought from the House of Commons, by Sir William Corbet and others:
To return the Bill, intituled, "An Act for vesting Part of the settled Estate of Edward Powys Esquire and Katherine his Wife in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his said Wife and their Issue, and of Thomas Powys Esquire, and his Heirs and Assigns;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Lottery and Annuities, Bill.
A Message was brought from the House of Commons, by Mr. Francis Fane and others:
With a 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 Forty-four;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Col. Straton against Magistrates of Montrose.
After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Colonel Charles Straton in Old Montrose; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 28th and 29th of January 1742/3; as also of Two Interlocutors of the Lord Ordinary, of the 5th and 9th of February following; and likewise of Part of an Interlocutor of the said Lords of Session, of the 24th of the same Month; and also of another Interlocutor of the same Lords, the next Day, adhering to their former Interlocutor, made on the Behalf of the Magistrates and Town Council of the Borough of Montrose; and praying, "That the said Interlocutors might be reversed, varied, or altered; and that the Appellant might have such other Relief as to this House should seem meet:" As also upon the Answer of the said Magistrates and Town Council 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 so much of the said Interlocutor of the 28th of January 1742/3, whereby the Lords of Session found, "That no Action, lay upon the Act of Parliament, made in the First Year of His Majesty King George, for discouraging and preventing Tumults and riotous Assemblies, for Damage arising for carrying of Grain or other Goods out of any House or Out-house, but only for the Damage done by pulling down such House or Out-house," in Whole or in Part, be, and the same is hereby, reversed; and that there be inserted, instead thereof, these Words; (videlicet,) "That, upon the Proofs in this Cause, it doth not appear that the Appellant's Girnel House was begun to be demolished or pulled down within the Intent and Meaning of the said Act of Parliament:" And it is hereby further Ordered and Adjudged, That so much of the said Interlocutor of the 24th of February 1742/3, whereby the Lords of Session adhered to their former Interlocutor, finding, "That no Action lies, upon the aforesaid Act, for Damages arising for carrying of Grain or other Goods out of any House or Out-house, but only for the Damage done by pulling down such House or Outhouse in whole or in Part;" but found that there was no Proof adduced of the Extent of any Damage done to the Girnel House, in which the Appellant's Meal was lying be, and the same is hereby, reversed: And it is also Ordered and Adjudged, That so much of the several Interlocutors, as well of the Lord Ordinary as of the said Lords of Session, as relates to the Costs and Expences of the said Appellant, be, and the same is hereby, likewise reversed; and that so much of the said several Interlocutors complained of in the said Appeal, as is not hereby reversed or varied, be, and the same is hereby, affirmed.
E. of Moray against Ross & al.
Upon reading the Petition of Charles Ross Esquire and others, Respondents to the Appeal of James Earl of Moray; praying, "In regard the Petitioners Counsel Mr. Solicitor General is lately taken so ill as to be confined, that the Hearing of the said Appeal may be put off till after Easter."
It is Ordered, That the said Hearing be put off to the First Day for Causes after the Recess at Easter; and the Cause wherein Sir Richard Mead is Appellant, and Daniel Webb Respondent, which stands to be heard on Wednesday next, be put off to the Second Day for Causes after the said Recess; and the other Causes, not specially appointed, to come on in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 20o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Message from H. C. to return Bagnall's Bill.
A Message was brought from the House of Commons by Sir Nathaniel Curzon and others:
To return the Bill, intituled, "An Act for Sale of the Capital Messuage at Roughampton, and divers Lands and Hereditaments in the County of Surrey, late the Estate of Joseph Bagnall Esquire, deceased; and for purchasing another Estate, to be settled to the Uses of his Will;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Thornhagh's Bill.
The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering John Thornhagh Esquire to make a Jointure and Provisions for his Younger Children, out of an Estate comprized in a voluntary Settlement made by Saint Andrew Thornhagh Esquire, his late Father, deceased," 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 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 said Bill, with the Amendments, be engrossed.
Lottery and Annuities, Bill.
Hodie 2a 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-four."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Spirituous Liquors, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Surplus or Remainder of the Monies arisen, or to arise, by the Duties on Spirituous Liquors, granted by an Act of the last Session of Parliament; and for explaining and amending the said Act, in relation to the Retailers of such Liquors; and for establishing an Agreement with the United Company of Merchants of England trading to The East Indies."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Langton Common, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming an Agreement, made to exchange certain Rights of Common, in the Parish, Townships, or Hamlets, of East Langton, West Langton, Church Langton, and Thorpe Langton, in the County of Leicester, and for settling an Yearly Sum to be paid to the Rector of the said Parish, and his Successors, in Lieu of Tithes."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Derby Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and making more effectual an Act made in the Eleventh Year of His present Majesty's Reign, for repairing several Roads, leading to and from the Town of Derby, in the County of Derby."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Flecknoe Common, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields called Flecknoe, in the Parish of Wolshampcoat, in the County of Warwick."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Burrowstounness Duty on Beer, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Burrowstounness, and Liberties thereof, in the County of Linlithgow, for repairing the Harbour of the said Town."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Bowes, in Yorkshire, Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the End of Middleton Tyas Lane, over Gatherly Moor, to Greetabridge, and from thence to Bowes, in the North Riding of the County of York."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Chester Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually repairing the Roads from Coleshill, in the County of Warwick, through the City of Litchfield, to Stone, in the County of Stafford, and from thence to the City of Chester; and for amending other Roads therein mentioned."
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 Seven preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Spicer and Mr. Edwards:
To acquaint them, that the Lords have agreed to the Seven last mentioned Bills, without any Amendment.
Moore against Lynch & al. and Smith against Welch & al.;
The House being informed, "That Mr. Keaghran attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Garret Moore is Appellant, and Lynch and others are Respondents; and in the Cause wherein William Smith is Appellant, and Josua Wells and others are Respondents:"
Pleadings proved.
He was thereupon called in; and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies; he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Boetefeur's Naturalization Bill:
Bernhard Joachim Boetefeur took the Oaths appointed, in order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Bernhard Joachim Boetefeur."
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.
Cliffe, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Cliffe, of Sutton, in the County of Surrey, Esquire; 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 1a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, devised by the Will of Richard Cliffe Esquire, in Trustees, to be sold, for paying the Debts and Legacies charged thereupon by the said Will; and for laying out the Surplus of the Money arising by such Sale (if any) in purchasing other Lands, to be settled to the Uses of the said Will."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.