House of Lords Journal Volume 26: March 1743, 1-10

March 1743, 1-10

DIE Martis, 1^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Naghton against Sandys Reynolds & al.

The Answer of Edwin Sandys Reynolds and others, to the Appeal of Laughlin Naghton Gentleman, was brought in.

Wades Mill Road, Bill.

The Earl of Suffolk reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Sixth Year of the Reign of His present Majesty, intituled, An Act for the more effectual repairing the Roads leading from Wades Mill, in the County of Hertford, to Barley and Royston, in the same County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

D. Marlborough and E. Lincoln take the Oaths.

This Day Charles Duke of Marlborough and Henry Earl of Lincoln took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; they having first delivered in Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Plunket's Bill.

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

With a Bill, intituled, "An Act for vesting the Remainder in Fee of several Lands in Ireland, the Estate of Arthur Plunkett Esquire, in Trustees, in order to sell such Lands to Protestant Purchasers;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Dunchurch Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road from The Dun Cow, in Dunchurch, to Hill Morton, in the County of Warwick, and from thence to St. James's End, in the Town of Northampton."

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.

Hume Campbell against Home & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Alexander Hume Campbell Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th Day of December 1741, made on the Behalf of David Home of Wedderburn Sheriff Depute of the Shire of Berwick, and John Sinclair Writer in Edinburgh; and praying, That the same might be reversed or altered, and such other Relief given to the Appellant as to this House in their great Wisdom and Justice should seem meet:" As also upon the Answer of the said David Home and John Sinclair 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, whereby the Lords of Session found, "That, in the Case of Double Returns, no Action lies against the Sheriff, upon the Statute of the 7th of the King, intituled, "An Act for the better regulating the Elections, &c." and therefore assoilzied the said David Home the Sheriff from the Petition and Complaint mentioned in the said Appeal, whole Conclusions thereof, and Penalties craved thereby, and decerned and declared him quit thereof, and free therefrom, now and in all Time coming," be, and the same is hereby, affirmed; and that so much of the said Interlocutor, whereby the Lords of Session found, "That there is no sufficient Evidence for proving the Complaint against John Sinclair the Clerk; and that neither his assuming the Office of Clerk, nor his returning Sir John Sinclair to the Sheriff as the Person elected by the Meeting in which he acted as Clerk, does subject him to the Penalty provided by the said Statute, for a wilful false Return; and therefore assoilzied the said John Sinclair the Clerk from the aforesaid Petition and Complaint, whole Conclusions thereof, and Penalties craved thereby, and decerned and declared him quit thereof, and free therefrom, now and in all Time coming," be, and the same is hereby, reversed: And it is hereby Declared, That the Respondent John Sinclair is guilty of wilfully making a false Return to the Sheriff of the Shire of Berwick, contrary to the said Act of Parliament, and is liable to the Penalty thereby inflicted: And it is therefore further Ordered and Adjudged, That the said John Sinclair do forfeit and pay to the Appellant the Sum of Five Hundred Pounds Sterling, according to the said Act of Parliament: And it is hereby further Ordered, That the Court of Session do give all the necessary and proper Directions for carrying this Judgement into Execution.

Duties on Victuallers repealing, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing the several Rates and Duties upon Victuallers and Retailers of Beer and Ale, within the Cities of London and Westminster, and the Weekly Bills of Mortality; and for transferring the Exchequer Bills unsatisfied thereupon to the Duties for Licences to sell Spirituous Liquors and Strong Waters by Retail; and also for enabling His Majesty to raise a certain Sum of Money, for the Service of the Year One Thousand Seven Hundred and Forty-three, to be further charged on the said Duties for Licences."

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

Conviction of Offenders returning from Transportation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and effectual Conviction of Offenders found at large within the Kingdom of Great Britain, after they have been ordered for Transportation."

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

Elvington Moor enclosing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common, or Moor, called Elvington Moor, within the Manor and Parish of Elvington, in the County of York."

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. Holford and Mr. Bennet:

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

Adjourn.

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

DIE Mercurii, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gore's Bill.

The Duke of Leeds reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the settled Estates of William Gore Esquire, deceased, in the County of Middlesex, and City of London, for Payment of his Debts and Legacies, and for rendering a Power contained in his Will more effectual," 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 by the Clerk, were agreed to by the House.

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

Dunchurch Road, Bill.

The Earl of Halifax reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road from The Dun Cow, in Dunchurch, to Hill Morton, in the County of Warwick, and from thence to St. James's End, in the Town of Northampton," 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."

Insolvent Debtors Bill.

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

With a Bill, intituled, "An Act for Relief of Insolvent Debtors;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Naghton against Reynolds & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Laughlin Naghton Gentleman is Appellant, and Edwin Sandys Reynolds and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 14th Day of this Instant March.

Message from H. C. to return Serces Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing James Serces Clerk;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Wades Mill Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Sixth Year of the Reign of His present Majesty, intituled, An Act for the more effectual repairing the Roads leading from Wades Mill, in the County of Hertford, to Barley and Royston, in the said County."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennet:

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

Weir against Nasmith & al.

After hearing Counsel in Part, upon the Petition and Appeal of William Weir of Waygateshaw, to which Arthur Nasmith and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Against assisting Prisoners to escape, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee on the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape:"

It is Ordered, That the House be put into a Committee thereupon, on Friday next; and that the Judges do then attend.

Duties on Victuallers, repealing, Bill.

Whereas To-morrow is also appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for repealing the several Rates and Duties upon Victuallers and Retailers of Beer and Ale, within the Cities of London and Westminster, and the Weekly Bills of Mortality; and for transferring the Exchequer Bills unsatisfied thereupon to the Duties for Licences to sell Spirituous Liquors and Strong Waters by Retail; and also for enabling His Majesty to raise a certain Sum of Money, for the Service of the Year One Thousand Seven Hundred and Forty-three, to be further charged on the said Duties for Licences:"

It is Ordered, That the House be put into a Committee thereupon, on Friday next.

Conviction of Offenders returning from Transportation, Bill.

Whereas To-morrow is likewise appointed for the House to be put into a Committee upon the Bill, intituled, "An Act for the more easy and effectual Conviction of Offenders found at large within the Kingdom of Great Britain, after they have been ordered for Transportation:"

It is Ordered, That the House be put into a Committee thereupon, on Friday next.

Adjourn.

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

DIE Jovis, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vaughan against Heckford;

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Two Writs of Error; wherein.

and Vaughan against Cantrell; Writs of Error.

Thomas Vaughan Gentleman is Plaintiff, against Samuel Heckford Gentleman Defendant; and The said Thomas Vaughan Plaintiff, against Catherine Cantrell Defendant.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

E. of Thanet & al. for Partition of the late M. of Halifax's Estates, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing a Partition made between the Co-heirs of the late Marquis of Halifax, of divers Estates therein mentioned, and for other Purposes in this Act expressed," 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.

Weir against Nasmith & al.:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of William Weir of Waygateshaw; complaining of Part of Two Interlocutors of the Lords of Session in Scotland, of the 21st of January and 6th of February 174½; and also of the whole Interlocutor of the said Lords, of the 3d of the same February; and likewise of an Interlocutor of the Lord Ordinary, of the 13th of the said Month; and praying, "That the same might be reversed; and that the Appellant might have such other Relief as to the House in their great Wisdom should seem proper:" As also upon the joint and several Answer of Arthur Nasmith, John Syme, William Cullen, and Charles Hamilton, 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 Interlocutors as relates to William Cullen and Charles Hamilton, late Magistrates of the Town of Hamilton, and to the Respondent William Allan, be reversed; and that so much of the said Interlocutors whereby it is found, "That the Appellant is liable to the Respondents Nasmith and Syme in their Expences," be also reversed: And it is hereby Declared, That the said William Cullen and Charles Hamilton did not perform the Duties of their respective Offices, by endeavouring to prevent or suppress the Riot and Spulzie mentioned in the said Appeal; but totally neglected the same, and connived at the said Riot and Spulzie: And it is hereby further Ordered and Adjudged, That the said William Cullen and Charles Hamilton are conjunctly and severally liable to the Appellant, in the present Action of Spulzie, for the Avail and Worth of the whole Quantity of Meal specified in the said Interlocutor of the 21st of January, and also in the whole Expences of this Process in the said Court of Session; and that the said William Allan was accessary to, and concerned in, the said Riot and Spulzie, and is liable to the Appellant in the said Action of Spulzie, for the Avail and Worth of the whole Quantity of Meal specified in the said Interlocutor of the 21st of January, and also in the whole Expences of this Process in the said Court of Session: And it is further Ordered and Adjudged, That all the other Parts of the Interlocutors complained of by the said Appeal be affirmed: And it is also Ordered, That the Court of Session do give the necessary and proper Directions for carrying this Judgement into Execution.

Elwick's Bill, for making Stone Pipes:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in John Elwick Esquire the sole Property of an Engine for making Stone Pipes, and to enlarge the Term granted by Letters Patent for that Purpose."

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

It was Resolved in the Affirmative.

Gore's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the settled Estates of William Gore Esquire, deceased, in the County of Middlesex, and City of London, for Payment of his Debts and Legacies; and for rendering a Power contained in his Will more effectual."

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

It was Resolved in the Affirmative.

E. of Thanet, for Partition of the late M. of Halifax's Estates, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing a Partition made between the Co-heirs of the late Marquis of Halifax, of divers Estates therein mentioned; and for other Purposes in this Act expressed."

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

It was Resolved in the Affirmative.

Message to H. C. with the Three preceding Bills.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Edwards:

To carry down the said Three Bills, and desire their Concurrence to them.

Dunchurch Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road from The Dun Cow, in Dunchurch, to Hill Morton, in the County of Warwick, and from thence to St. James's End, in the Town of Northampton."

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 last mentioned Bill, without any Amendment.

Plunkett's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Remainder in Fee of several Lands in Ireland, the Estate of Arthur Plunkett Esquire, in Trustees, in order to sell such Lands to Protestant Purchasers."

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the said Bill, was graciously pleased, so far as the Interest of the Crown was concerned, to consent that their Lordships might proceed in the Bill as they should think fit."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

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

Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

Norris, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Anna Norris Widow; 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 to empower Anna Norris Widow, Mother and Guardian to John Norris an Infant, to grant One or more Building Lease or Leases of certain Messuages, and a Piece or Parcel of Ground, in Fenchurch Street, in the Parish of St. Benedict Gracechurch, London."

Against assisting Prisoners to escape, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee on the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape:"

It is Ordered, That the House be put into a Committee thereupon, on Monday next; and the Judges to attend; and that the Cause wherein Sir John Bellew Baronet is Appellant, and Philemon M^cCarton and others are Respondents, which stands to be heard on that Day, be put off to Wednesday next.

Duties on Victuallers repealing, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for repealing the several Rates and Duties upon Victuallers and Retailers of Beer and Ale, within the Cities of London and Westminster, and the Weekly Bills of Mortality; and for transferring the Exchequer Bills unsatisfied thereupon to the Duties for Licences to sell Spirituous Liquors and Strong Waters by Retail; and also for enabling His Majesty to raise a certain Sum of Money, for the Service of the Year One Thousand Seven Hundred and Forty-three, to be further charged on the said Duties for Licences:"

It is Ordered, That the House be put into a Committee thereupon; on Monday next.

Conviction of Offenders returning from Transportation, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for the more easy and effectual Conviction of Offenders found at large within the Kingdom of Great Britain, after they have been ordered for Transportation:"

It is Ordered, That the House be put into a Committee thereupon, on Monday next.

Dummer Common, Bill.

Ordered, That the Committee appointed to meet To-morrow upon the Bill, intituled, "An Act for the enclosing and dividing the Common Fields and Waste Grounds, lying within the Manor of Dummer, in the Parish of Dummer, in the County of Southampton," be put off to Monday next.

Adjourn.

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

DIE Lunæ, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Litchfield takes his Seat.

George Henry Earl of Litchfield sat first in Parliament, after the Death of his Father George Henry Earl of Litchfield; his Lordship having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Cooke's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in Ravensworth and Washton, in the County of York, in James Cooke the Younger, Gentleman, in Fee Simple, discharged of the Uses and Trusts of his Marriage Settlement; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the same Uses," 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.

Savage et al. Leave for a Bill.

Moved, "That Leave be given to exhibit a Petition of Margaret Savage Spinster, One of the Daughters of Thomas Savage, late of Elmley Castle, in the County of Worcester, Esquire, deceased, and Elizabeth Birch Widow, One other of the Daughters of the said Thomas Savage, for herself, and as Guardian, and on the Behalf, of Thomas Birch, her only Son, an Infant; praying Leave to bring in a Bill, for confirming and establishing an Agreement between the Petitioners, touching certain Estates in the Petition mentioned, for settling and limiting the same to the Use of the said Infant, taking the Name of Savage, and making the said Agreement effectual for the Purposes thereby intended, notwithstanding the Time limited by the Order of this House for bringing in Petitions for Private Bills is expired."

Ordered, That Leave be given to exhibit the said Petition.

Accordingly, the said Petition being presented, and read:

Ordered, That the Consideration thereof be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; with the usual Directions, according to the Standing Order.

Norris's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower Anna Norris Widow, Mother and Guardian to John Norris an Infant, to grant One or more Building Lease or Leases of certain Messuages, and a Piece or Parcel of Ground, in Fenchurch Street, in the Parish of St. Benedict Gracechurch, London."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday the 23d Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Motion to shorten the Time of the Committee's Meeting.

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

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

Messages from H. C. to return Tresusis's Bill;

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

To return the Bill, intituled, "An Act to enable Trustees, named in the Settlement and Will of Robert Trefusis Esquire, deceased, during the Minority of his Son Robert Cotton Trefusis, to make Leases of Part of his Estate, in the County of Cornwall;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and with Annuities and Lottery 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-three;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Quieting Corporations, Bill.

The Lord Romney presented to the House a Bill, intituled, "An Act for the further quieting and establishing Corporations."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Friday next; and the Lords to be summoned; and that it be in the mean Time printed.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Defertion; and for the better Payment of the Army and their Quarters."

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

Luton to St. Albans Road, Bill.

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

With a Bill, intituled, "An Act for continuing an Act, made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for amending and repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County; and for repairing the Roads from Luton to St. Albans, in the County of Hertford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Against assisting Prisoners to escape, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape."

After some Time, the House was resumed.

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

Ordered, That the said Report be received on Wednesday next.

Duties on Victualers repealing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repealing the several Rates and Duties upon Victuallers and Retailers of Beer and Ale, within the Cities of London and Westminster, and the Weekly Bills of Mortality; and for transferring the Exchequer Bills unsatisfied thereupon, to the Duties for Licences to sell Spirituous Liquors and Strong Waters by Retail; and also for enabling His Majesty to raise a certain Sum of Money, for the Service of the Year One Thousand Seven Hundred and Forty-three, to be further charged on the said Duties for Licences."

After some Time, the House was resumed.

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

Conviction of Offenders returning from Transportation, Bill.

The like Report was made from the Committee of the whole House to whom the Bill, intituled, "An Act for the more easy and effectual Conviction of Offenders found at large within the Kingdom of Great Britain, after they have been ordered for Transportation," was committed.

Adjourn.

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

DIE Mercurii, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Luton to St. Alban's Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for amending and repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County; and for repairing the Roads from Luton to St. Albans, in the County of Hertford."

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.

Norris's Bill; Committee shortened.

The House (according to Order) proceeded to take into Consideration the Motion made Yesterday, for dispensing with the Standing Order relating to the Time of the Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act to empower Anna Norris Widow, Mother and Guardian to John Norris an Infant, to grant One or more Building Lease or Leases of certain Messuages, and a Piece or Parcel of Ground, in Fenchurch Street, in the Parish of St. Benedict Gracechurch, London," stands committed, may meet on a sooner Day than at first appointed.

And it being proposed, "That the said Committee may be allowed to meet, to proceed on the said Bill, To-morrow:"

The same was ordered accordingly.

Annuities and Lottery, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising, by Annuities and a Lottery, in Manner therein mentioned, the Sum of One Million Eight Hundred Thousand Pounds, at Three Pounds per Centum per Annum, for the Service of the Year One Thousand Seven Hundred and Forty-three."

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

Duties on Victuallers repealing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing the several Rates and Duties upon Victuallers and Retailers of Beer and Ale, within the Cities of London and Westminster, and the Weekly Bills of Mortality; and for transferring the Exchequer Bills unsatisfied thereupon to the Duties for Licences to sell Spirituous Liquors and Strong Waters by Retail; and also for enabling His Majesty to raise a certain Sum of Money, for the Service of the Year One Thousand Seven Hundred and Forty-three, to be further charged on the said Duties for Licences."

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

It was Resolved in the Affirmative.

Conviction of Offenders returning from Transportation, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy and effectual Conviction of Offenders found at large within the Kingdom of Great Britain, after they have been ordered for Transportation."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Elde and Mr. Burroughs:

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

Message from thence, to return Chadwicke & al. Bill.

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

To return the Bill, intituled, "An Act for making perpetual an Agreement for the Exchange of Lands for Tithes, made between Evelyn Chadwicke Esquire, Lord of the Manor of West Leake, in the County of Nottingham, and Granville Wheeler Clerk, Rector of the Parish Church there;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Cooke's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in Ravensworth and Washton, in the County of York, in James Cooke the Younger, Gentleman, in Fee Simple, discharged of the Uses and Trusts of his Marriage Settlement; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the same Uses."

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 the former Messengers:

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

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

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

Messages from H. C. with Bills; and to return the D. of Kingstons Bill.

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

To return the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in Sturton and Walkeringham, in the County of Nottingham, entailed by the Will of Evelyn late Duke of Kingston, deceased, in Evelyn now Duke of Kingston, in Fee Simple, discharged of the Uses, Trusts, and Limitations, of the said Will; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the like Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Cirencester Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Roads leading from the Town of Cirencester, in the County of Gloucester, to a Place called The Monument, on Lansdown, in the same County;" to which they desire the Concurrence of this House.

Elections of Knights of the Shire, Bill.

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

With a Bill, intituled, "An Act to explain and amend the Laws touching the Elections of Knights of the Shire, to serve in Parliament, for that Part of Great Britain called England; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Ordered, That the last mentioned Bill be printed.

Sir J. Bellew against M^cCarton & al.

After hearing Counsel in Part, upon the Petition and Appeal of Sir John Bellew Baronet, an Infant, Eldest Son and Heir of Sir Edward Bellew Baronet, deceased, and others, to which Philemon M^cCarton and others are Respondents:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Against assisting Prisoners to escape, Bill.

The remaining Order of the Day being read, for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape:"

Ordered, That the said Report be received on Friday next.

Adjourn.

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

DIE Jovis, 10^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Magenis against Magenis.

The Answer of John Magenis Gentleman, to the Appeal of Arthur Magenis Esquire, was brought in.

Norris's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to empower Anna Norris Widow, Mother and Guardian to John Norris an Infant, to grant One or more Building Lease or Leases of certain Messuages, and a Piece or Parcel of Ground, in Fenchurch Street, in the Parish of St. Benedict Gracechurch, London," 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.

Dummer Common Bill.

The Lord Ilchester reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Waste Grounds, lying within the Manor of Dummer, in the Parish of Dummer, in the County of Southampton," 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."

Plunket & Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Remainder in Fee of several Lands in Ireland, the Estate of Arthur Plunkett Esquire, in Trustees, in order to sell such Lands to Protestant Purchasers," was committed.

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

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

To return the Bill, intituled, "An Act for Sale of the Manor of Bathampton, being the Estate of Charles Holder Esquire, for Payment of Encumbrances affecting the same; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Defertion, and for the better Payment of the Army and their Quarters.

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. Elde and Mr. Burroughs:

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

Messages from thence, to return Lady Petre's Bill;

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

To return the Bill, intituled, "An Act to empower Two of the Trustees named in the Marriage Settlement of the late Lord Petre, deceased, to grant Leases, without the Concurrence of the other Trustee named in the said Settlement;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Fitzherbert's Bill;

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

To return the Bill, intituled, "An Act for empowering Thomas Fitzherbert the Younger, Esquire, to make Jointures, during the Life-time of Thomas Fitzherbert Esquire, his Father; and also to grant Annuities to his Younger Sons, in such Manner as is therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Ryder's Bill for Exchange of Nuneaton Vicarage Lands.

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

To return the Bill, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Vicarage of Nuneaton, in the County of Warwick, for the Rectorial Tithes and certain Lands, in the Parish of Nuneaton, belonging to the Impropriator;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Sir J. Bellew & al. against M^cCarton & al.

After hearing Counsel, as well Yesterday as this Day, upon the revived Petition and Appeal of Sir John Bellew Baronet, an Infant, Eldest Son and Heir of Sir Edward Bellew Baronet, deceased, Patrick, Michael, William, and Francis Bellew, Younger Sons of the said Sir Edward Bellew, by their next Friend Dame Elenor Bellew; and the said Dame Elenor Bellew, Widow and sole Executrix of the last Will and Testament of the said Sir Edward Bellew; complaining of a Decree of Dismission of the Court of Exchequer in Ireland, of the 28th of January 1740, made in a Cause wherein the said Sir Edward Bellew was Plaintiff, and Philemon M^cCartan and Mary his Wife, Thomas Tennison, the Reverend Doctor Patrick Delany and Margaret his Wife, John Woods, and John Forster, were Defendants; and praying, That the same might be reversed, and the Appellants relieved; and such Order and Decree made thereon as to this House should seem meet:" As also upon the Answer of the said Philemon M^cCartan and Mary his Wife, Thomas Tennison, John Forster, and John Woods, 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 the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and the same is hereby, affirmed.

Cirencester Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Town of Cirencester, in the County of Gloucester, to a Place called The Monument, upon Landsdown, in the same County."

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 Monday next, 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 Veneris, undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.