House of Lords Journal Volume 28: March 1754, 21-31

March 1754, 21-31

DIE Jovis, 21^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of His Majesty's Commission.

Message from H. C. to return L. Cavendish's Bill.

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

To return the Bill, intituled, "An Act to enable William Lord Cavendish of Hardwyck to take, in England, the Oath of Office of High Treasurer of Ireland; and to qualify himself here in England for the legal Enjoyment of the said Office;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Continuing Laws, Bill.

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

With a Bill, intituled, "An Act to continue several Laws, for prohibiting the Importation of Books reprinted Abroad, and first composed or written and printed in Great Britain; for the free Importation of Cochineal and Indico; and relating to Rice, Frauds in the Customs, the clandestine Running of Goods, and to Copper Ore; and for the better Encouragement of the making of Sail Cloth in Great Britain; and to authorize the Payment of the Bounty to Alexander Brown and others, upon a Ship fitted out for the Whale Fishery and lost in the Greenland Seas; and for the more effectual Payment of the Bounties upon British-made Sail Cloth, to Robert Donald and others;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Noguier's Nat. &c. Bill.

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Mary Noguier Widow; and for qualifying and enabling her, out of the Estate devised by the Will of John Noguier her Husband, to make a Provision for Anthony Noguier, her only Son and Heir," 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."

Messages from H. C. to return the Bill to explain the Black Act, as to sending threatening Letters;

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

To return the Bill, intituled, "An Act to explain and amend an Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the speedy bringing the Offenders to Justice;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Fitzroy Scudamore's Bill, to enable him to qualify here for an Office in Ireland.

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

To return the Bill, intituled, "An Act to enable Charles Fitz Roy Scudamore Esquire to take, in Great Britain, the Oath of Office, as Cursitor, or Clerk or Engrosser of Original Writs issuing out of His Majesty's High Court of Chancery, in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Office;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Indemnity to Persons who have omitted to qualify for Offices, Bill.

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

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Promotions within the Time limited by Law; and for allowing further Time for that Purpose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Barker's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual several Settlements and Agreements, made and entered into by Hugh Barker the Younger Esquire, deceased, for making a Provision for his Mother and Wife, and their Children, respectively."

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. Montague and Mr. Lane:

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

Leicester and Coventry, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Leicester to Narborough, and from Leicester to Coventry, and from thence through Kenilworth to Warwick, and from thence to Halford Bridge, and from Warwick to Stratford upon Avon, and from Coventry to Martyn's Gutter leading towards Stoneleigh Town; and for supplying an Omission in an Act passed in the last Session of Parliament, for repairing the Road from Leicester to Ashby de la Zouch in the County of Leicester."

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

It was Resolved in the Affirmative.

Ratcliffe Highway, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for opening, making, widening, and keeping in Repair, a Road from Ratcliff Highway, through Cannon Street in the County of Middlesex, into the Road leading into the County of Essex; and also from the West End of Brook Street into Cable Street, and from Upper Shadwell Street into the Back Lane, in the said County of Middlesex."

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.

A Message was sent to the House of Commons, by the former Messengers:

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

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of His Majesty's Commission.

Deptford Poor, &c. Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for the better Relief and Employment of the Poor, in the Parish of Saint Nicholas, Deptford, in the County of Kent, and in the Parish of Saint Paul, Deptford, in the Counties of Kent and Surry; and for repairing the Highways, and paving and cleansing the Streets, in the said Parishes," 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."

Continuing Laws, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue several Laws, for prohibiting the Importation of Books re-printed Abroad, and first composed or written and printed in Great Britain; for the free Importation of Cochineal and Indico; and relating to Rice, Frauds in the Customs, the clandestine Running of Goods, and to Copper Ore; and for the better Encouragement of the making of Sail Cloth in Great Britain; and to authorize the Payment of the Bounty to Alexander Brown and others, upon a Ship fitted out for the Whale Fishery, and lost in the Greenland Seas; and for the more effectual Payment of the Bounties upon British made Sail Cloth to Robert Donald and others."

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

Indemnity to Persons who have omitted to qualify for Offices, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Promotions within the Time limited by Law; and for allowing further Time for that Purpose."

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

Noguier's Naturalization, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Mary Noguier Widow; and for qualifying and enabling her, out of the Estate devised by the Will of John Noguier her Husband, to make a Provision for Anthony Noguier, her only Son and Heir."

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. Montague and Mr. Lane:

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

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 25^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of His Majesty's Commission.

His Majesty's Advocate against D. of Gordon.

The Answer of Alexander Duke of Gordon, an Infant, by his Tutors and Curators, to the Appeal of His Majesty's Advocate for Scotland, for His Majesty's Interest, was brought in.

Houghton against West & al.

The House being informed, "That a Person attended, in order to deliver in Copies of certain Orders and Proceedings, relating to a Cause depending in this House, wherein Arthur Houghton Esquire is Appellant, and Anne West and others are Respondents:"

Pleadings proved.

He was called in, and delivered the same at the Bar; 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 withdrew.

Deptford Poor, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor, in the Parish of Saint Nicholas, Deptford, in the County of Kent, and in the Parish of Saint Paul, Deptford, in the Counties of Kent and Surry; and for repairing the Highways, and paving and cleansing the Streets, in the said Parishes."

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. Lane and Mr. Waple:

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

Continuing Laws, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to continue several Laws, for prohibiting the Importation of Books re-printed Abroad, and first composed or written and printed in Great Britain; for the free Importation of Cochineal and Indico; and relating to Rice, Frauds in the Customs, the clandestine Running of Goods, and to Copper Ore; and for the better Encouragement of the making of Sail Cloth in Great Britain; and to authorize the Payment of the Bounty to Alexander Brown and others, upon a Ship fitted out for the Whale Fishery, and lost in the Greenland Seas; and for the more effectual Payment of the Bounties upon Britishmade Sail Cloth to Robert Donald and others."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Indemnity to Persons who have omitted to qualify for Offices, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Promotions within the Time limited by Law; and for allowing further Time for that Purpose."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

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

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

To return the Bill, intituled, "An Act for empowering Ann Speke, an Infant, to make Leases and Copyhold Grants of her Estates in the County of Somerset, during her Minority; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to their Lordships Amendment to One of the Amendments made by them to the said Bill, with an Amendment; to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendment into Consideration.

And the same was read Twice by the Clerk, as follows:

"At the End of the Amendment, after the Word ["reserved"], add these Words ["and so as by granting such Copies respectively"]."

And the said Amendment, being read the Third Time, was agreed to.

And a Message was sent to the House of Commons, by Mr. Lane and Mr. Waple, to acquaint them therewith.

Stirling against Campbell.

Ordered, That the Hearing of the Cause wherein Captain John Stirling is Appellant, and Archibald Campbell Respondent, which is appointed for this Day, be put off to Thursday next.

Browne against Byrne.

Ordered, That the Hearing of the Cause wherein John Browne Esquire is Appellant, and the Honourable Margaret Byrne otherwise Bermingham Respondent, which is appointed for Wednesday next, be put off till this Day Sevennight.

Ross to enter into a Recognizance for M'Farlane.

The House being moved, "That John Ross may be permitted to enter into a Recognizance for George and John Macfarlane, on account of their Appeal depending in this House; they residing in Scotland:"

It is Ordered, That the said John Ross may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 26^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of His Majesty's Commission.

Continuing Laws, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue several Laws, for prohibiting the Importation of Books re-printed Abroad, and first composed or written and printed in Great Britain; for the free Importation of Cochineal and Indico; and relating to Rice, Frauds in the Customs, the clandestine Running of Goods, and to Copper Ore; and for the better Encouragement of the making of Sail Cloth in Great Britain; and to authorize the Payment of the Bounty to Alexander Brown and others, upon a Ship fitted out for the Whale Fishery, and lost in the Greenland Seas; and for the more effectual Payment of the Bounties upon British-made Sail Cloth to Robert Donald and others."

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

It was Resolved in the Affirmative.

Indemnifying Persons who have omitted to qualify for Offices, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Promotions within the Time limited by Law; and for allowing further Time for that Purpose."

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 preceding Bills.

A Message was sent to the House of Commons, by Mr. Lane and Mr. Waple:

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

The House was adjourned during Pleasure.

The House was resumed.

Marshal of the King's Bench, the Crown to appoint; and the Prison to be re-built, Bill.

A Message was brought from the House of Commons, by Sir William Calvert and others:

With a Bill, intituled, "An Act for re-vesting in the Crown the Power of appointing the Marshal of The Marshalsea of the Court of King's Bench; and for the better Regulation of that Office, and of the inferior Offices thereto belonging; and for rebuilding The King's Bench Prison;" to which they desire the Concurrence of this House.

Horned Cattle, Laws to continue, Bill.

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

With a Bill, intituled, "An Act to continue several Laws relating to the Distemper now raging among the Horned Cattle in this Kingdom;" to which they desire the Concurrence of this House.

Distress Warrants, more easy proceeding on, Bill.

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

With a Bill, intituled, "An Act for the more easy and effectual proceeding upon Distresses to be made by Warrants of Justices of the Peace;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Message from H. C. to return Ld. Fortescue's Bill for Sale of the late E. Clinton's Estate;

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

To return the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in the County of Somerset, contracted to be sold by Hugh late Earl Clinton in his Life-time, in Trustees, to enable them to convey the same to the several Purchasers thereof, pursuant to their Contracts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Maydwell's Divorce, Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

To return the Bill, intituled, "An Act to dissolve the Marriage of John Maydwell with Catherine Perrin, his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Henley's Divorce, Bill.

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Peter Henley Esquire with Susannah Roberts his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Laws against destroying Turnpikes, &c. and for other Purposes, to make perpetual, Bill.

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

With a Bill, intituled, "An Act for making perpetual several Laws, for Punishment of Persons destroying Turnpikes, Locks, or other Works erected by Authority of Parliament; and that all Acts made for erecting Courts of Conscience shall be deemed Publick Acts; and to empower a certain Number of the Trustees of The British Museum to do certain Acts; and for confirming the Table of Fees to be taken by the Clerks to the Justices of Peace for the County of Middlesex; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices; and for filing Affidavits of the Execution of Contracts of Clerks to Attornies and Solicitors; and for preventing Persons driving certain Carriages from riding upon such Carriages;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the E. of Powis's Bill for Sale of Hendon Manor.

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

To return the Bill, intituled, "An Act for vesting the Manor of Hendon, settled on the Marriage of the Earl and Countess of Powis on them and their Issue, in Trustees, to be sold, towards discharging the Debts and Encumbrances of William late Marquis of Powis; and for settling the Barony and Lordship of Powis, in the County of Montgomery, in Lieu thereof, to the same Uses; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of His Majesty's Commission.

Horned Cattle, Laws continuing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue several Laws, relating to the Distemper now raging among the Horned Cattle in this Kingdom."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Laws against destroying Turnpikes, and for other Purposes, to make perpetual, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making perpetual several Laws, for Punishment of Persons destroying Turnpikes, Locks, or other Works erected by Authority of Parliament; and that all Acts made for erecting Courts of Conscience shall be deemed Publick Acts; and to empower a certain Number of the Trustees of The British Museum to do certain Acts; and for confirming the Table of Fees to be taken by the Clerks to the Justices of Peace for the County of Middlesex; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices; and for filing Affidavits of the Execution of Contracts of Clerks to Attornies and Solicitors; and for preventing Persons driving certain Carriages from riding upon such Carriages."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Distress Warrants, more easy proceeding on, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and effectual proceeding upon Distresses to be made by Warrants of Justices of the Peace."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Marshal of the King's Bench, the Crown to appoint; and the Prison to be re-built, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-vesting in the Crown the Power of appointing the Marshal of The Marshalsea of the Court of King's Bench; and for the better Regulation of that Office, and of the inferior Offices thereto belonging; and for re-building The King's Bench Prison."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Stirling against Campbell.

Ordered, That the Hearing of the Cause wherein Captain John Stirling is Appellant, and Archibald Campbell Respondent, which is appointed for To-morrow, be put off till Friday next.

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 28^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of His Majesty's Commission.

Truro Road, Bill.

A Message was brought from the House of Commons, by Rear Admiral Boscawen and others:

With a Bill, intituled, "An Act for amending and widening several Roads leading from the Borough of Truro, in the County of Cornwall;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Horned Cattle, Laws continuing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue several Laws, relating to the Distemper now raging among the Horned Cattle in this Kingdom."

After some Time, the House was resumed.

And the Lord Sandys reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Distress Warrants, more easy proceeding on, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more easy and effectual proceeding upon Distresses to be made by Warrants of Justices of the Peace."

After some Time, the House was resumed.

And the Lord Sandys reported from the Committee, That they had gone through the Bill, and made One Amendment thereto."

Which Amendment, being read Twice by the Clerk, was agreed to by the House; and is as follows:

"At the End of the Bill add:

"["Provided always, That nothing herein contained shall extend, or be construed to extend, to alter or repeal any of the Provisions or Directions relating to Distresses to be made for the Payment of Tithes and Church Rates by the People called Quakers, contained in an Act passed in the Seventh and Eighth Years of His late Majesty King William the Third, intituled, "An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted, instead of an Oath in the usual Form;" or in One other Act, passed in the First Year of His late Majesty King George the First, intituled, "An Act for making perpetual an Act of the Seventh and Eighth Years of the Reign of His late Majesty King William the Third, intituled, "An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted, instead of an Oath in the usual Form;" and for explaining and enforcing the said Act, in relation to the Payment of Tithes and Church Rates; and for appointing the Form of an Affirmation to be taken by the said People called Quakers, instead of the Oath of Abjuration."

Laws against destroying Turnpikes, &c. and for other Purposes, to make perpetual, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for making perpetual several Laws, for Punishment of Persons destroying Turnpikes, Locks, or other Works erected by Authority of Parliament; and that all Acts made for erecting Courts of Conscience shall be deemed Publick Acts; and to empower a certain Number of the Trustees of The British Museum to do certain Acts; and for confirming the Table of Fees to be taken by the Clerks to the Justices of Peace for the County of Middlesex; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices, and for filing Affidavits of the Exection of Contracts of Clerks to Attornies and Solicitors; and for preventing Persons driving certain Carriages from riding upon such Carriages."

After some Time, the House was resumed.

And the Lord Sandys reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Marshal of the King's Bench, the Crown to appoint; and the Prison to be re-built, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for re-vesting in the Crown the Power of appointing the Marshal of The Marshalsea of the Court of King's Bench; and for the better Regulation of that Office, and of the inferior Offices thereto belonging; and for re-building The King's Bench Prison."

After some Time, the House was resumed.

And the Lord Sandys reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Causes put off.

Ordered, That the Hearing of the Cause wherein John Stirling Esquire is Appellant, and Archibald Campbell Respondent, which is appointed for To-morrow, be put off to Monday next; and that the Cause which stands appointed for that Day be put off to Tuesday.

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, primum diem Aprilis jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.