House of Lords Journal Volume 27: April 1747, 11-20

April 1747, 11-20

DIE Jovis, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

D Portland takes the Oaths.

William Duke of Porland took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Dawson's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Equity of Redemption of divers Messuages, Lands, and Hered taments, in Kingston upon Hull and the County of York, late the Estate of George Dawson Esquire, deceased, in Roper Dawson, his Eldest Son and Hen, upon his undertaking to discharge the several Encumbrances affecting the same, and to make a Provision for his Brothers and Sisters," 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 then 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.

Mutiny Act, to amend, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to rectify a Mistake in an Act made in this Session of Parliament, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and then Quarters"

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

It was Resolved in the Affirmative.

Courts Martial, in the Sea Service, regulating, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for further regulating the Proceedings upon Courts Martial in the Sea Service, and for extending the Discipline of the Navy to the Crews of His Majesty's Ships wiecked, lost, or taken, and for continuing to them then Wages, upon certain Conditions"

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

It was Resolved in the Affirmative.

Workhouses at Bury St Edmunds, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting Work-houses, for the better employing and maintaining the Poor, within the Borough of Bury St Edmunds, in the County of Suffolk, and for the better repairing and paving the Streets and Highways there."

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

It was Resolved in the Affirmative.

Manchester Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, made in the Eighth Year of the Reign of His present Majesty, for repairing the Roads from the Town of Manchester, leading through Newton, Failsworth, and Oldham, in the County Palatine of Lancaster, to Austerlands, in the Parish of Soddleworth, in the County of York, and for making the same more effectual."

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 Four preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Bennett and Mr. Montague

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

Dickson against Lockhart, & e contra

Whereas To morrow is appointed, for the Hearing of the Cause wherein David Dickson is Appellant, and George Lockhart of Carnwath Esquire Respondent, & e contra

Hearing put off.

It is Ordered, That this House will hear the and Causes, by Counsel, at the Bar, on Monday next, at Eleven o'Clock.

Window Act, explaining, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for explaining, amending, and further enforcing, the Execution of an Act, passed in the last Session of Parliament, intituled, An Act for repealing the several Rates and Duties upon House, Windows, and Lights, and for granting to His Majesty other Rates and Duties upon Houses, Windows, or Lights, and for raising the Sum of Four Millions Four Hundred Thousand Pounds, by Annuities, to be charged on the said Rates or Duties"

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"

Writings destroyed by Rebels, Bill.

A Message was brought from the House of Commons, by the Lord Duplin and others.

With a Bill, intituled, "An Act to render more effectual an Act. made in the Twentieth Year of His Majesty's Reign, intituled, An Act for Relief of such of His Majesty's loyal Subjects, in that Part of Great Britain called Scotland, whose Title Deeds and Writings were destroyed or carried off by the Rebels in the late Rebellion," to which they desire the Concurrence of this House.

Orphans of London, Relief, Bill.

A Message was brought from the House of Commons, by the same Lord and others.

With a Bill, intituled, "An Act for the further Relief of the Orphans and other Creditiors of the City of London, and for other Purposes therein mentioned," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Accompts concerning them to be laid before the House.

Ordered, That the Chamberlain of the City of London do lay before this House, an Accompt of the Gross and Nett Produce of the several Funds granted to the said City by an Act, intituled, "An Act for Relief of the Orphans and other Creditors of the City of London," passed in the Fifth Year of the Reign of the late King William and Queen Mary, to Midsummer last, distingushing each Year.

Ordered also, That the Chamberlain of the City of London do lay before this House, an Accompt of the Amount of the now Capital Debt due to the Orphans and other Creditors of the City of London, distinguishing what Part of the said Debt was due to Orphans, and what Part to other Creditors; and specifying the Time when the same was adjusted and settled, in Pursuance of the Act passed in the Fifth Year of the Reign of King William and Queen Mary, intituled, "An Act for the Relief of the Orphans and other Creditors of the City of London."

Ordered likewise, That the Town Clerk of the City of London do lay before this House, a Copy of the Report made by a Committee of Aldermen to the Court of Lord Mayor and Aldermen of the said City, the Twenty-first Day of July last, of the State of the Revenue belonging to the said City and Orphans Fund.

Adjourn.

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

DIE Veneris, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Ely Fens, draming, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for draining and preserving certain Fen Lands, in the several Parishes of Maney, Upwell, Welney, Downham, Witcham, and in a certain extra-parochial Place in Byal Fen, within the Isle of Ely and County of Cambridge," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Faceby Common, enclosing, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enclosing, dividing, and exchanging, the Common Fields, Common Pastures, Common Meadows, and other Grounds, in the Manor and Township of Faceby in Cleveland, in the North Riding of the County of York, and for providing certain Recompenses to the Impropriators and Vicar of Faceby, in Lieu of Tithes," was committed.

E rporting Tea of Ireland, and Payment of Subscription Money, Bill.

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

With a Bill, intituled, "An Act for permitting Tea to be exported to Ireland and His Majesty's Plantations in America, without paying the Inland Duties charged thereupon by an Act of the Fighteenth Year of His present Majesty's Reign, and for enlarging the Time for some of the Payments to be made on the Subscription of Six Millions Three Hundred Thousand Pounds, by virtue of an Act of this Session of Parliament," to which they desire the Concurrence of this House.

Basingstoke, &c Road, Bill.

A Message was brought from the House of Commons, by the Lord Harry Poulet and others.

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Tenth Year of the Reign of His present Majesty, for repairing the Road from Hertford Bridge Hill to the Town of Basingstoke, and also the Road from Hertford Bridge Hill aforesaid to the Town of Odiham, in the County of Southampton, and for making the said Act more effectual," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Orphans of London, Relief, Bill.

Ordered, That the Bill, intituled, "An Act for the further Relief of the Orphans and other Creditors of the City of London, and for other Purposes therein mentioned," be read a Second Time on Thursday next, and that the same be printed, and the Lords to be summoned.

Amount of the Expence of building the Mansion house to be brought in.

Ordered, That the Chamberlain of the City of London do lay before this House, an Accompt of the Amount of the whole Expence of building the Mansion-house for the Lord Mayor.

Corbet, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Corbet 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 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Corbet Kynaston Esquire, deceased, for the Payment of Debts affecting the same, and for other Purposes therein mentioned"

Dawson's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Equity of Redemption of divers Messuages, Lands, and Hereditaments, in Kingston upon Hull and the County of York, late the Estate of George Dawson Esquire, deceased, in Roper Dawson, his Eldest Son and Heir, upon his undertaking to discharge the several Encumbrances affecting the same, and to make a Provision for his Brothers and Sisters"

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. Bennett and Mr. Montague

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

Window Act, explaining, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining, amending, and further enforcing, the Execution of an Act passed in the last Session of Parliament, intituled, An Act for repealing the several Rates and Duties upon Houses, Windows, and Lights, and for granting to His Majesty other Rates and Duties upon Houses, Windows, or Lights, and for raising the Sum of Four Millions Four Hundred Thousand Pounds by Annuities, to be charged on the said Rates or Duties."

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

It was Resolved in the Affirmative.

Message to H. C that the Lord 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.

Trials for Treason in Scotland, Bill.

A Message was brought from the House of Commons, by the Lord Duplin and others.

To return the Bill, intituled, "An Act for the more effectual Trial and Punishment of High Treason and Misprision of High Treason, in The Highlands of Scotland, and for abrogating the Practice of taking down the Evidence in Writing, in certain Criminal Prosecutions, and for making some further Regulations relating to Sheriffs Depute and Stewards Depute, and their Substitutes, and for other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Writings destroyed by Rebels, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to render more effectual an Act, made in the Twentieth Year of His Majesty's Reign, intituled, An Act for Relief of such of His Majesty's loyal Subjects in that Part of Great Britain called Scotland, whose Title Deeds and Writings were destroyed or carried off by the Rebels in the late Rebellion"

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

Dickson against Lockhart.

Ordered, That the Hearing of the Cause wherein David Dickson is Appellant, and George Lockhart Esquire Respondent, & è contra, which stands appointed for Monday next, be put off to the next Day.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Lockhart against Dickson, & e contra.

The Answer of William Grant Esquire, His Majesty's Advocate for Scotland, to the Cross Appeal of George Lockhart of Carnwath Esquire, was put in.

Also, the Answer of the said Lockhart, to the amended Appeal of David Dickson

Arbuthnot against M^cFarlane.

As likewise, the Answer of Walter M^cfarlan Esquire, to the Appeal of James Arbuthnot Esquire.

Faceby Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing, dividing, and exchanging, the Common Fields, Common Pastures, Common Meadows, and other Grounds, in the Manor and Township of Faceby in Cleveland, in the North Riding of the County of York, and for providing certain Recompenses to the Impropriators and Vicar of Faceby, in Lieu of Tithes."

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

It was Resolved in the Affirmative.

Ely Fens, draining, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for draining and preserving certain Fen Lands, in the several Parishes of Maney, Upwell, Welney, Downham, Witcham, and in a certain extra-parochial Place in Byal Fen, within the Isle of Ely and County of Cambridge."

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 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 Two last mentioned Bills, without any Amendment.

Tea to Ireland, &c exporting, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for permitting Tea to be exported to Ireland, and His Majesty's Plantations in America, without paying the Inland Duties charged thereupon by an Act of the Eighteenth Year of His present Majesty's Reign, and for enlarging the Time for some of the Payments to be made, on the Subscription of Six Millions Three Hundred Thousand Pounds, by virtue of an Act of this Session of Parliament"

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

Basingstoke, &c Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Tenth Year of the Reign of His present Majesty, for repairing the Road from Hertford Bridge Hill to the Town of Basingstoke, and also the Road from Hertford Bridge Hill aforesaid to the Town of Odiham, in the County of Southampton; and for making the said Act more effectual."

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 Friday next, at the usual Time and Place, and to adjourn as they please.

Kynaston's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate late of Corbet Kynaston Esquire, deceased, for the Payment of Debts affecting the same, and for other Purposes therein mentioned."

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 the 4th Day of May next, and to adjourn as they please.

Morton to shorton the Committee.

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills may be so far dispensed with, as that the Committee to whom the said Bill stands committed may meet on a sooner Day than now appointed, in regard the Session is far advanced"

Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords to be summoned.

Message from the King, relating to the Claims concerning Here table Jurisdictions in Scotland.

The Lord President acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships."

And the same was read by the Lord Chancellor, and is as follows, (videlicet,)

"GEORGE R.

"The Court of Session in Scotland, having, in Pursuance of an Act of the last Session of Parliament, finished the Examination thereby directed, relating to the Titles and Values of the several Heretable Jurisdictions and Offices claimed before that Court, and made a Certificate of their Opinions thereupon to His Majesty, in His Privy Council, and all the said Jurisdictions and Offices being actually extinguished, or resumed and annexed to the Crown, respectively, from the 25th Day of March last, His Majesty has commanded a Copy of the said Certificate to be laid before the House of Lords, and hopes that He shall have the ready Concurrence of this House, in the necessary Measures for making such reasonable and just Compensation and Satisfaction, to the Proprietors of those Jurisdictions and Offices, as was by the said Act intended and directed."

Report and Certificate of the Lords of Session about them delivered.

Then the Lord President, by His Majesty's Command, presented to the House,

"Copy of the Report and Certificate of the Lords of Council and Session in Scotland, made to His Majesty in His Privy Council, pursuant to the Act of Parliament passed in the Twentieth Year of His Majesty's Reign, for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, &c."

And the Title thereof being read, by the Clerk.

Ordered, That the said Report and Certificate do lie on the Table, and that the same be printed.

Accompts relating to the Orphans of the City of London delivered.

The House being informed, "That the Chamberlain of the City of London attended"

He was called in, and delivered, at the Bar, pursuant to their Lordships Orders of Thursday last,

"An Accompt of the Gross and Nett Produce of the several Funds granted to the City of London, by an Act, intituled, "An Act for the Relief of the Orphans and other Creditors of the City of London," passed in the Fifth Year of the Reign of the late King William and Queen Mary, to Midsummer 1747; distinguishing each Year"

And also, "The Amount of the now Capital Debt due to the Orphans and other Creditors of the City of London, as it was settled and adjusted, pursuant to the Act passed in the Fifth Year of the Reign of King William and Queen Mary, intituled, An Act for the Relief of the Orphans and other Creditors of the City of London."

And likewise, "The Amount of the whole Expence of building a Mansion-house for the Lord Mayor of London."

And then he was directed to withdraw.

And the Titles of the said Accompts being read, by the Clerk.

Ordered, That the same do lie on the Table.

Then the House being informed, "That the Town Clerk of the City of London attended"

He was called in, and delivered, at the Bar,

"A Copy of the Report made by a Committee of Aldermen, to the Court of Lord Mayor and Aldermen of the City of London, the 21st Day of July 1747, of the State of the Revenue belonging to the said City and Orphans Fund."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk:

Ordered, That the said Report do lie on the Table.

Dickson & al. against Lockhart, & e contra

After hearing Counsel, in Part, upon the Petition and Appeal of David Dickson Gentleman, and His Majesty's Advocate, complaining of several Interlocutors of the Lords of Session and Lord Ordinary in Scotland, to which George Lockhart Esquire is Respondent, & è contra

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, and the Counsel to be called in at One o'Clock precisely.

Adjourn.

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

DIE Mercurii, 20^o Aprilis.

Dominitam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Writings destroyed by Rebels, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to render more effectual an Act made in the Twentieth Year of His Majesty's Reign, intituled, An Act for Relief of such of His Majesty's loyal Subjects, in that Part of Great Britain called Scotland, whose Title Deeds and Writings were destroyed or carried off by the Rebels in the late Rebellion."

After some Time, the House was resumed.

And the Lord Sandys 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."

Creditors of Naish; Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming certain Articles of Agreement between the Creditors of Hugh Naish Esquire and the Trustees named in an Act of Parliament of the Eleventh Year of His present Majesty, for vesting the Real and Personal Estates of the said Hugh Naish in Trustees, for the Benefit of his Creditors, and for 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.

Fox's Bill.

The said Earl likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming an Agreement between James Fox and John Bridges Esquires, for exchanging certain Lands, in the Parish of Cobham, in the County of Surrey, and for rendering the said Agreement more effectual for the Purposes thereby intended," 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.

Dickson & al. against Lockhart & e contra

After hearing Counsel further, in the Cause wherein David Dickson Gentleman and His Majesty's Advocate are Appellants, and George Lockhart Esquire is Respon dent, & è contra

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, and that the Counsel be called in at One o'Clock precisely.

Claims to the Earldom of Stair, &c.

Ordered, That the Lords Committees for Privileges to whom the Petitions concerning the Earldom of Stair stand referred, which (fn. 1) was appointed to meet Tomorrow, do meet, on Consideration of the said Petitions, on Tuesday next.

Orphans & al. of London, Relief, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act for the further Relief of the Orphans and other Creditors of the City of London, and for other Purposes therein mentioned," which was appointed for To morrow, be put off to this Day Sevennight.

Kynaston's Bill.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so as that the Committee to whom the Bill, intituled, "An Act for Sale of Part of the Estate late of Corbet Kynaston Esquire, deceased, for the Payment of Debts affecting the same, and for other Purposes therein mentioned," stands committed, may meet on an earlier Day than now appointed, in regard the Session is very far advanced.

And Consideration being had thereof accordingly.

Ordered, That the said Standing Order be so far dispensed with, in this Case, that the said Committee may meet, to consider of the said Bill, To-morrow.

Adjourn.

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