House of Lords Journal Volume 33: June 1773, 1-10

Die Martis, 8^o Junii 1773.

Domini tam Spirituales quam Temporales prsents fuerunt:

PRAYERS.

Yateman against Cox et al.

Counsel (according to Order) were called in, to be heard in the Cause wherein Francis Yateman Gentleman is Appellant, and Sarah Cox and others are Respondents, being, an Appeal from Two Decrees of the Court of Exchequer.

And the Counsel on both Sides declaring, That this Cause would take up Four Days Hearing:

They were directed to withdraw.

Proposed, To adjourn the Hearing of this Cause till the next Session of Parliament:

The same was agreed to:

Ordered, That the Hearing of this Cause be put off to the next Session of Parliament.

Hook norton and Southrop Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common pastures, Common Grounds, and Commonable Lands, within the Parish and Liberties of Hook-norton and Southrop in the County of Oxford.

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. Harris and Mr. Browning:

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

Bread, to regulate the Assize of, Bill.

A Message was brought from the House of Commons, by Governor Pownall and others:

With a Bill, intituled, An Act for better regulating the Assize and making of Bread; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Sprituous Liquors, to restrain the retailing of, &c. Bill.

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

With a Bill, intituled, An Act for the more effectually retraining the retailing of distilled Spirituous Liquors; and for preventing the forging or counterfeiting any Stamp or Seal used for marking Silks, Callicoes, Linens, and Stuffs, to be printed, painted, stained, or dyed, in Great Britain; to which they desire the Concurrence of this House.

Turnpike Roads Bill.

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

With a Bill, intituled, An Act to explain, amend, and reduce into One Act of Parliament, the General Laws now in being for regulating the Turnpike Roads, in that Part of Great Britain called England and for other Purposes; to which they desire the Concurrence of this House.

The said Bill was read the First Time

Ordered, That the said Bill be printed.

Gaols, Clergymen to officiate in, Bill.

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

With a Bill, intituled, An Act for providing Clergymen to officiate in Gaols, within that Part of Great Britain called England; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Adderleys Bills.

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

To return the Bill, intituled An Act for vesting Part of the Settled Estates of Charles Bowyer Adderley Esquire, in the Parishes of Hanbury and Leigh, in the County of Stafford, in Trustees, to be sold for Payment of the Incumbrances affecting the same; and for laying out the Residue of the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the like Uses; and to acquaint this House, that they have agreed to the same, without any Amendment.

and D Beauforts Estate Bill.

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

To return the Bill, intituled, An Act for vesting Part of the Estates strictly entailed by the Will of the Most Noble Charles Noel late Duke of Beaufort, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Manors, Lands, and Hereditaments, in the County of Monmouth, to be settled to the same Uses; and to acquaint this House, that they have agreed to the same, without any Amendment.

Game Act, to repeal, &c. Bill.

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

With a Bill, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for the better Preservation of the Game, within that Part of Great Britain called England, and for making other Provisions in Lieu thereof; to which they desire the Concurrence of this House.

Kingston upon Thames, lighting, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the better lighting and watching the Town of Kingston upon Thames, in the County of Surrey; and for removing and preventing all Obstructions, Encroachments, and Nuisances therein.

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.

Publick Highways Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to explain, amend, and reduce, into One Act of Parliament, the Statutes now in being for the Amendment and Preservation of the Publick Highways, within that Part of Great Britain called England, and for other Purposes.

Ordered, That the said Bill be printed.

Moor Game, Preservation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to explain and amend the several Laws now in being, so far as the same relate to the Preservation of the Moor or Hill Game.

After some Time the House was resumed:

And the Lord Boston 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 Louiss Nat. Bill.

A Message was brought from the House of Commons, by Sir Francis Vincent and others:

To return the Bill, intituled, An Act for naturalizing Jacques otherwise James Louis, an Infant under the Age of Eighteen Years; and to acquaint this House, that they have agreed to the same, without any Amendment.

Tid St. Giles, &c. Drainage Bill.

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

With a Bill, intituled, An Act for draining and preserving certain Lands and Grounds, in the Parishes of Tid Saint Giles and Newton, in the Isle of Ely, in the County of Cambridge; and in Tid Saint Marys, in the County of Lincoln; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Dixon against Cade:

Upon reading the Petition of William Cade, Defendant in a Writ of Error depending in this House, wherein Joseph Dixon is Plaintiff:

Collett against Draper:

Also, Upon reading the Petition of Richard Draper, Defendant in a Writ of Error depending in this House, wherein Richard Collett Gentleman is Plaintiff; setting forth, That the Plaintiffs have, not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writs of Error may be nonprosd, with such Colls as to their Lordships shall seem meet:

Wirts of Error nonprofsd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writs of Error as desired; and that the Records be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House: And further, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for their Costs, by Reason of the Delay of the Execution of the said Judgements.

D Gordon against E. Fife et. al.

Upon reading the Petition of Alexander Duke of Gordon, Appellant in a Cause depending in this House, and of James Earl Fife and others, Respondents thereto, which Stands appointed for hearing; setting forth, That the Question between the Parties turning entirely upon a Point or Scots Law, the Petitioners had engaged Scots Counsel to argue the Causeal their Lordships Bar; but the Counsel for the Petitioners being now under a Necessity of attending the Term of the Court of Session in Scotland, the Petitioners are deprived of their Assistance; and therefore praying, That their Lordships will be pleased to put off the Hearing of this Cause to the next Session of Parliament:

It is Ordered, That the Hearing of this Cause be put off to the next Session of Parliament as desired.

Game in Scotland, Preservation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for the more effectual Preservation of the Game, in that Part of Great Britain called Scotland; and for repealing and amending several of the Laws now in being relative thereto.

After some Time the House was resumed:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 9^o Junii 1773.

Domini tam (fn. ) Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sir Gilbert Elliot et al against Sir Henry Satan Bart:

Upon reading the Petition of Sir Gilbert Elliot Baronet and others, Appellants in a Cause depending in this House, and of Sir Henry Seton Baronet, Respondent thereto, which Stands appointed for hearing; setting forth, That the Parties, having compromised this Matter, most humbly beg Leave to withdraw their Appeal:

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Tid St. Giles, &c. Drainage Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for draining and preserving certain Lands and Grounds in the parishes of Tid Saint Giles and Newton in the Isle of Ely, in the County of Cambridge, and in Tid Saint Marys, in the County of Lincoln.

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

Their Lordships, or any Five of them, to meet To-morrow, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Spirituous Liquors, to restrain the retailing of, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for the more effectually restraining the retailing of distilled Spirituous Liquors; and for the preventing the forging or counterfeiting any Stamp or Seal used for marking Silks, Callicoes, Linens, and Stuffs, to be printed, painted, stained, or dyed, in Great Britain.

Moor Game, Preservation of, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to explain and amend the several Laws now in being, so far as the same relate to the Preservation of the Moor or Hill Game.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Game in Scotland, Preservation of, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for the more effectual Preservation of the Game in that Part of Great Britain called Scotland; and for repealing and amending several of the Laws now in being relative thereto.

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 precede Bills.

A Message was sent to the House of Commons, by Mr. Harris and Mr. Browning:

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

Causes put off.

Ordered, That the Hearing of the Cause, wherein Mary Frances Lincoln, of the City of Dublin, Widow, is Appellant, and John Keogh is Respondent, which Stands appointed for Friday next, be put off to Monday next; and that the Rest of the Causes be removed in Course.

Spottiswoode to enter into a Recognizance on Stephen et al. Appeal.

The House being moved, That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Thomas Stephen Senior and others, on Account of their Appeal depending in this House, they residing in Scotland:

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

Salt against Doe, Writ of Error.

The House being moved, That a Day may be appointed for hearing Counsel, to argue the Errors assigned upon the Writ of Error, wherein Samuel Salt Yeoman is Plaintiff and John Doe is Defendant:

It is Ordered, That this House will hear the said Errors argued by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Luttersloh against Rybot.

Upon reading the Petition of Francis Rybot, Defendant in a Writ of Error depending in this House, wherein Emanuel Luttersloh is Plaintiff:

Dudley against starling.

Also, upon reading the Petition of Hannah Sterling Widow, Defendant in a Writ of Error depending in this House, wherein Edward Dudley is Plaintiff:

Rose against Goodright.

Also, upon reading the Petition of Timothy Goodright, Defendant in a Writ of Error depending in this House, wherein John Rose is Plaintiff:

Hopkinson against Hanbury et al.

And also, upon reading the Petition of Osgood Hanbury and others, Defendants in a Writ of Error depending in this House, wherein Jonathon Hopkinson is Plaintiff; setting forth, That the Plaintiffs have not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writs of Error may be nonprofsd, with such costs as to their Lordships shall seem meet:

Writs of Error nonprofsd, with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writs of Error, as desired; and that the Records be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House; and further, that the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgements.

Goals Clergymen to officiate in, Bill:

Hodie 2^a vice lecta est Billa, intituled, An Act for providing Clergymen to officiate in Gaols, within that Part of Great Britain called England.

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Peers Pedigrees.

Ordered, That the Sitting of the Committee of Privileges appointed to consider the Pedigrees of William Duke of Devonshire, James Duke of Chandos, George Harry Earl of Stamford, Frederick Earl of Carlisle, Robert Earl of Litchfield, Other Lewis Earl of Plymouth, George Earl of Egremont, George James Earl of Cholmondeley, Robert Earl of Harborough, Wills Earl of Hillsborough, John Lord Audley, Edwin Lord Sandys, John James Lord Lovel and Holland, and Thomas Lord Ducie, be revived, and meet on Monday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 10^o Junii 1773.

Domini tam Spirituales quam Temporales prsents fuerunt:

PRAYERS.

Tid St. Giles, &c. Drainage Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for draining and preserving certain Lands and Grounds in the Parishes of Tid Saint Giles and Newton in the Isle of Ely, in the County of Cambridge, and in Tid Saint Marys, in the County of Lincoln, 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 to the Satisfaction of the Committee; and That the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Gaols, Clergymen to officiate in, Bill.

The House (according to Order) was adjourned during Pleasure; and put into a Committee upon the Bill, intituled, An Act for providing Clergymen to officiate in Gaols, within that Part of Great Britain called England.

After some Time the House was resumed:

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

Spirituous Liquors, to restrain the retailing of, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the more effectually restraining the retailing of distilled Spirituous Liquors; and for preventing the forging or counterfeiting any Stamp or Seal used for marking Silks, Callicoes, Linens, and Stuffs, to be printed, painted, stained, or dyed, in Great Britain.

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Message from H. C. to return Sir Gregory Turners Estate Bill, with an Amendment;

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

To return the Bill, intituled, An Act for vesting divers Freehold and Leasehold Estates, and certain Goods and Chattels, late of Sir Edward Turner Baronet deceased, in Sir Gregory Turner Baronet his eldest Son, as a Compensation for and in Satisfaction of his Claims on his said late Fathers Estate and Effects; and to acquaint this House, that they have agreed to the same, with One Amendment; to which they desire their Lordships Concurrence.

and E Scarbroughs Estate Bill.

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

To return the Bill, intituled, An Act for discharging the Manor of Greenfield, and divers Messuages, Lands, and Hereditaments, in the County of Lincoln, Part of the Estate of Richard Earl of Scarbrough, from the Uses, Estates, and Trusts declared concerning the same, by the Settlement executed previous to his Marriage with Barbara Countess of Scarbrough his Wife; and for settling other Lands and Hereditaments of greater Value in Lieu thereof to the like Uses; and to acquaint this House, that they have agreed to the same, without any Amendment.

America, Bills of Credit in, Act to amend Bill.

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

With a Bill, intituled, An Act to explain and amend an Act, made in the Fourth Year of His present Majesty, intituled, An Act to prevent Paper Bills of Credit hereafter to be issued in any of His Majestys Colonies or Plantations in America from being declared to be a legal Tender in Payments of Money; and to prevent the legal Tender of such Bills as are now subsisting from being prolonged beyond the Periods limited for calling in and sinking the same; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Hooknoton Enclosure Bill.

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

To return the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish and Liberties of Hook-norton and Southrop, in the County of Oxford; and to acquaint this House, that they have agreed to their Lordships Amendments made thereto, with One Amendment; to which they desire their Lordships Concurrence.

Plate, forging Stamps, &c. on, Bill.

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

With a Bill, intituled, An Act for repealing so much of an Act of the Thirty-first Year of His late Majesty, as inflicts capital Punishment for Frauds and Abuses in the marking or stamping of Gold or Silver Plate; and for inflicting another Punishment for the said Offence; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Salt against Doe, Writ of Error, Petition for a Bye-Day.

Upon reading the Petition of Thomas Swinsen Esquire, the Lessor of John Doe, Defendant in a Writ of Error depending in this House, to which Samuel Salt is Plaintiff; setting forth, That this is a Judgement in Ejectment after a Verdict; and on the Twenty-seventh Day of May last the Plaintiff in Error brought the Transcript thereof, together with the Writ of Error, into this Honourable House; and on the Fourth Day of June instant assigned for Error, That the Verdict was found against him, whereas it ought to have been found for him; and the Defendant in Error hath rejoined thereto, and the said Errors are set down to be argued after the Causes already appointed: That the Plaintiff in Error, though Tenant at Will only to the Petitioner of the Estates for which the said Judgement was recovered, and had proper Notice given him to quit previous to the Ejectment; yet he hath brought his Writ of Error merely for Delay, and he is committing every Species of Waste and Spoil upon the Petitioners said Estates; and unless the Petitioner can immediately affirm his Judgement, his said Estates will be ruined, and the Petitioner left without Remedy; and therefore praying their Lordships, To appoint Tuesday next, or some other early Bye-day, for the arguing of the said Errors:

It is Ordered, That this House will bear the said Errors argued by Counsel, at the Bar, on Tuesday next, as desired.

Madhouses, Regulation of, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, An Act for regulating Private Madhouses, and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time the House was resumed:

And the Lord Boston reported from the Committee; That they had gone through the Bill, and made several Amendments thereto, which he Was ready to report when the House will please to receive the same.

Ordered, That the said Report be received on Tuesday next:

Ordered, That the said Bill, with the Amendments, be printed.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.