Journal of the House of Lords Volume 23, 1727-1731. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 23: April 1731, 1-10', in Journal of the House of Lords Volume 23, 1727-1731( London, 1767-1830), British History Online https://www.british-history.ac.uk/lords-jrnl/vol23/pp656-670 [accessed 6 October 2024].
'House of Lords Journal Volume 23: April 1731, 1-10', in Journal of the House of Lords Volume 23, 1727-1731( London, 1767-1830), British History Online, accessed October 6, 2024, https://www.british-history.ac.uk/lords-jrnl/vol23/pp656-670.
"House of Lords Journal Volume 23: April 1731, 1-10". Journal of the House of Lords Volume 23, 1727-1731. (London, 1767-1830), , British History Online. Web. 6 October 2024. https://www.british-history.ac.uk/lords-jrnl/vol23/pp656-670.
In this section
April 1730, 1-10
DIE Jovis, 1o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Van Neck versus De Rons.
The Answer of John Martin de Ron and John de Ron, to the Appeal of Gerard Van Neck, surviving Assignee under a Commission of Bankrupt against Sir Justus Beck, deceased, was brought in.
Gould & al. versus Okeden & al.
After hearing Counsel, as well Yesterday as this Day, upon the revived Petition and Appeal of John Gould Esquire and Mary his Wife, late Mary Glisson, an Infant, and the Reverend Conyers Place Junior and Magdalen his Wife, late Magdalen Glisson, an Infant (the said Mary and Magdalen being Great Grand-daughters and Heirs, as to One Moiety of the Estate of Bartholomew Lane deceased, and Grand-daughters and sole Heirs at Law of William Okeden and Magdalen his Wife, both deceased; and also Daughters and sole Heirs at Law of William Glisson and Mary his Wife, both deceased), and the Reverend Conyers Place Senior, Clerk, Administrator of the said William Glisson and Mary his Wife; complaining of a Decree of the Court of Chancery, made the Eighteenth of May 1728, in a Cause wherein the said Mary and Magdalen, by Conyers Place their prochein Amy, and the said Conyers Place, were Plaintiffs, and William Morgan, alias Okeden, and Edmund Morgan, alias Okeden, an Infant, by the said William his Brother and Guardian, Peter Walter, Thomas Hussey, John Bond, Mary Morgan, and Nathaniel Farewell and Susannah his Wife, were Defendants; and praying, "That the same may be re versed, so far as the Appellants Bill, relating to a pretended Purchase, is thereby dismissed; and that the Appellants may have such other Relief as to this House shall seem meet:" As also upon the Answer of the said William Morgan, alias Okeden, Edmund Morgan, alias Okeden, Peter Walter, Thomas Hussey, and John Bond, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decree reversed, with Directions.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree as is complained of in the said Appeal be, and is hereby, reversed: And it is hereby further Ordered and Adjudged, That the Deeds of Lease and Release, in the Appeal mentioned, of the Seventeenth and Eighteenth of July 1716, be set aside from being an absolute Purchase, (fn. 1) but be considered only as a Mortgage or Security for the Money really and bona Fide paid by William Okeden deceased, to William Glisson deceased, or to his Order, or for his Use; and that it be referred to the Master of the Court of Chancery, to take an Accompt of what is due for Principal and Interest, for the Money so paid or advanced by the said William Okeden; and that an Accompt be likewise taken of the Rents and Profits of the Lands and Premises comprized in the said Deeds, taken by the Respondents since the said Okeden's Death, or which might have been taken without their wilful Default, or through the Means of the said William Okeden in his Life time; and the Master is to make a Rest at the End of every Year, and deduct that Rest first out of the Interest, and then out of the Principal advanced by the said Okeden; and if, upon taking the said Accompt, the Respondents shall be found to be overpaid, then the Respondents shall pay the Surplus to the Appellants, and deliver up to them the Title Deeds, and convey One Moiety of the said Estate, free of all Incumbrances, to the Appellants Mary Gould and her Heirs, and the other Moiety to the Appellant Magdalen Place and her Heirs; but if, on taking the said Accompt, there shall be any Thing found due to the Respondents; then, on the Appellants Payment to the Respondents of what shall be so found due, the Respondents are to convey One Moiety of the said Lands and Estate, free of all Incumbrances, to the Appellant Mary and her Heirs, and the other Moiety to the Appellant Magdalen and her Heirs: And it is hereby further Ordered, That the Respondents do pay to the Appellants their Costs in the said Court of Chancery, with respect to that Part of the Bill which relates to the Matter appealed from; and that such Costs be taxed by the Master.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-one;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Pelham and others:
With a Bill, intituled, "An Act for repairing and keeping in Repair the Pier or Piers and Harbour of Newhaven, in the County of Sussex;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Butler and others:
With a Bill, intituled, "An Act for the more effectual repairing the Road leading from Godstone, in the County of Surrey, to Highgate, at the Entrance of Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex;" to which they desire the Concurrence of this House.
Land Tax Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyone."
Amending Act for regulating Juries, Bill:
Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act, made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of Juries," so far as the same relates to the County of Middlesex."
It is Ordered, That the House be put into a Committee thereupon, To-morrow.
Halsey's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming an Agreement for exchanging of Lands, made between Edmund Halsey Esquire, deceased, and the Patron and Vicar of Stoke Poges, in the County of Bucks," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 2o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Pargiter Fuller versus Alcock.
The Answer of Anne Alcock Widow and John Alcock Clerk, only surviving Executors of Lawrence Alcock Esquire, deceased, to the Appeal of Samuel Pargiter Fuller, was brought in.
Amending Act for regulating Juries, 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 an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of Juries," so far as the same relates to the County of Middlesex."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr 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."
Carroll versus Viccars.
After hearing Counsel, upon the Petition and Appeal of Barnaby Carroll Esquire; complaining of an Interlocutory Order of the Court of Exchequer in Ireland, of the Ninth of November 1728; and also of a Decree of the same Court, the Twenty-third of June 1729; made in a Cause wherein Richard Viccars Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Richard Viccars put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Order and Decree affirmed.
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 Order and Decree, therein complained of, be, and the same are hereby, affirmed.
Explaining Act to naturalize Foreign Protestants, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act to explain a Clause in an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne (for naturalizing Foreign Protestants), which relates to the Children of the natural-born Subjects of the Crown of England, or of Great Britain."
Land Tax Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyone."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
Halsey's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming an Agreement for exchanging of Lands, made between Edmund Halsey Esquire, deceased, and the Patron and Vicar of Stoke Poges, in the County of Bucks."
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. Thomas Bennet and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
Newhaven Pier to repair, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and keeping in Repair the Pier or Piers and Harbour of Newhaven, in the County of Sussex."
Godstone Road to repair, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Road leading from Godstone, in the County of Surrey, to Highgate, at the Entrance into Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex."
Respondents peremptorily to answer Brown Ld Kenmare Appeal.
The House being informed, "That James Lavallin Esquire and others, who, by Order of the Twentyninth of January last, were required to put in their Answer or respective Answers to the Appeal of Valentine Brown Esquire, commonly called Lord Kenmare in the Kingdom of Ireland, on or before the Fifth Day of March last, have neglected so to do, though duly served with the said Order for that Purpose:"
And thereupon Richard Brereton Gentleman was called in, and examined, upon Oath, at the Bar, touching the said Service.
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.
Rouquier versus Bolton: Pleadings proved.
The said Richard Brereton, at the Bar, delivered in Copies of several Pleadings and Proceedings, in the Cause wherein Moses Rouquier Merchant is Appellant, and Thomas Bolton and Joseph Bolton are Respondents, 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 5o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
The Lord Raymond, Chief Justice of the Court of King's Bench, sat Speaker by Virtue of a former Commission.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Colonel Read and others:
With a Bill, intituled, "An Act for exchanging, dividing, and enclosing, the Common Fields, Common Meadows, and Common and Waste Grounds, within the Manor of Prestbury, in the County of Gloucester;" to which they desire the Concurrence of this House.
Lacam and Korten, Nat. Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Isaac Lacam and Peter Korten," was committed: That they had considered the said Bill; as also the Petition of some Persons to be added thereunto, and had gone through the same, with some Amendments."
Which, being read Twice by the Clerk, were agreed to by the House.
Bagenall's Will to exemplify, Bill:
The Lord Boyle reported from the Lords Committees to whom the Bill, intituled, "An Act for exemplifying the Will of Nicholas Bagenall Esquire; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland, and Dominion of Wales," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Amending Act for regulating Juries, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of Juries," so far as the same relates to the 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 it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-one."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Sir William Gordon versus Gordon:
After hearing Counsel, upon the Petition and Appeal of Sir William Gordon of Invergordon Baronet; complaining of several Interlocutors of the Lord Ordinary, and of the Lords of Session in Scotland, of the Twenty-sixth of February, the Thirteenth of June, the Second of July, and Twenty-first of November, 1729; and the Eleventh, Twelfth, Seventeenth, and Days of February, 1729/30, made on the Behalf of Lodovick Gordon Merchant in Elgin; and praying, "That the same may be reversed:" As also upon the Answer of the said Lodovick Gordon put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:
Interlocutors affirmed.
It was upon the Question, 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 several Interlocutors therein complained of be, and the same are hereby, affirmed.
Godstone Road to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Road leading from Godstone, in the County of Surrey, to Highgate, at the Entrance into Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex."
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 Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Newhaven Piers to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and keeping in Repair the Pier or Piers and Harbour of Newhaven, in the County of Sussex."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees abovenamed:
Their Lordships, or any Five of them; to meet also To-morrow Morning, at the same Place; and to adjourn as they please.
Adjourn.
Dominus Raymond declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 6o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Messages from H. C. with a Bill;
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Annuities;" to which they desire the Concurrence of this House.
and to return the D. of Chandos's Bill.
A Message was brought from the House of Commons, by Sir Thomas Robinson and others:
To return the Bill, intituled, "An Act for vesting several Manors, Lands, and Hereditaments, therein mentioned, in James Duke of Chandos and his Heirs, in Pursuance of certain Articles of Agreement made on the Marriage of his Son Henry Bridges Esquire, commonly called Marquis of Carnarvon;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Wright against enclosing Queneyborough Common Fields, Bill.
Upon reading the Petition of the Lady Anne Powlett, Guardian of Powlett Wright Esquire, an Infant; praying, to be heard by Counsel, in relation to the Bill for enclosing Common Fields, within the Manor and Township of Queneyborough, in the County of Leicester:"
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by Counsel, before the said Committee, as desired.
Godstone Road to repan, Bill.
The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for the more effectual repairing the Road leading from Godstone, in the County of Surrey, to Highgate, at the Entrance into Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex," was committed: That they had considered the said Bill, and gone through the same, and made One Amendment thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Biscathorpe Lands to enclose, Bill: His Majesty's Consent.
The Duke of Newcastle (by His Majesty's Command) acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for exchanging the Parsonage-house and Glebe Lands in Biscathorpe, in the County of Lincoln, for other Lands belonging to the Lord of the Manor; and for giving a Recompence to the Rector, in Lieu of his Tithes, to enable the Lord of the Manor to enclose the Common Fields," was graciously pleased to consent, that their Lordships may proceed thereupon as they shall think fit, in relation to the Interest the Crown may have therein."
Then the Lord Dclawarr reported from the Lords Committees to whom the said Bill was committed, That they had considered the said Bill, and examined the Allegations thereof, and gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the Bill, with the Amendments, be engrossed.
Murphy versus Brown.
The House being moved, on the Behalf of Samucl Murphy, "That a Day may be appointed, for hearing his Appeal, to which William Brown and Hugh Brown are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant-Day for Causes after those already appointed.
Enclosing Slaughter Common Fields, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing, dividing, and exchanging, the Common Fields and Common Grounds, in the Parishes of Lower Slaughter and Upper Slaughter, in the County of Gloucester."
Then a Clause was offered, by Way of Rider, to be added to the said Bill, "That all Persons concerned in Interest in the Lands to be enclosed, in Remainder or otherwise, may be admitted to do what the Freeholders and Land-owners are empowered to do, and be entitled to the same Relief."
And the same being read Thrice by the Clerk;
The Question was put, "Whether the said Rider shall be made Part of the Bill?"
It was Resolved in the Negative.
Then the Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H.C. with it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Alien:
To carry down the said Bill, and desire their Concurrence thereunto.
Persons omitting to take the Oaths, Bill:
A Message was brought from the House of Commons, by Mr. Winnington and others:
With a Bill, intituled, "An Act to indemnify Persons who, through Ignorance of Law, have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and Members of Corporations, who have neglected to take the Oaths of Office; and Persons who have not read the Common Prayer, and declared their Assent and Consent to the same, according to Law, upon the Terms therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Application of Sinking Fund, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Annuities."
Message from H. C. to return Nuneaton Common Fields to enclose, Bill:
A Message was brought from the House of Commons, by Mr. Digby and others:
To return the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds in Nuneaton and Attleborough, in the County of Warwick;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
and Clayton's Bill:
A Message was brought from the House of Commons, by Mr. Burton and others:
To return the Bill, intituled, "An Act for the Sale of the Estate late of Mary Clayton deceased, in the County of Bucks (entailed by her Will), for Payment of her Debts and Legacies charged thereon; and for laying out the Overplus of the Monies arising by such Sale in the Purchase of other Lands, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Smith's Petition referred to Queneyborough Committee.
Upon reading the Petition of Isabella Smith, Widow and Relict of Francis Smith Esquire, deceased; praying, That Provision may be made, in the Bill for enclosing Common Fields, within the Manor and Township of Queneyborough, in the County of Leicester, for Payment of the Petitioner's Jointure:"
It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees to whom the said Bill stands committed.
Bagenall's Will to exemplify, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for exemplifying the Will of Nicholas Bagenall Esquire, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland, and Dominion of Wales."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H.C. with it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To carry down the said Bill, and desire their Concurrence thereunto.
Prestbury Common Fields to encrose, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for exchanging, dividing, and enclosing, the Common Fields, Common Meadows, and Common and Waste Grounds, within the Manor of Prestbury, in the County of Gloucester."
Pargiter Fuller versus Sir Richard Mill & al.:
Counsel were called in, to be heard, upon the Petition and Appeal of Samuel Pargiter Fuller, Son and Heir of Samuel Pargiter, alias Fuller, an Infant, by his Guardian, and Edmund Pargiter, Administrator of the said Samuel Pargiter, alias Fuller; the Father; whereunto Sir Richard Mill, Administrator of Thomas Grey Esquire, deceased, and also Administrator de Bonis non of Sir John Mill Baronet, deceased, Philadelphia Mill, Robert Knollys Esquire and Margaret his Wife, Sir Thomas Hobby Baronet, Administrator of Sir Thomas Hobby Baronet, deceased, and Administrator de Bonis non of Dame Elizabeth Hobby deceased; and also Administrator de Bonis non with the Will annexed of Mary Mill deceased, and Anne Alcock Widow, and John Alcock Clerk, the surviving Executors of Laurence Alcock Esquire, deceased, Respondents; complaining of a Decree of the Court of Chancery, of the Fifteenth of November 1720.
And the Counsel on both Sides being heard accordingly:
Decree affirmed.
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 Decree therein complained of be, and is hereby, affirmed.
Land Tax Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyone."
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. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Lacam & al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Lacam and Peter Korten."
The Question was put, "Whether this Bill, with the Amendment, 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. Burroughs and Mr. Allen:
To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.
Arundell's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Frances Arundell and George Henry Earl of Litchfield, Guardian of Mary Arundell (an Infant), during the Minority of the said Mary Arundell, to grant and fill up Leases of the Estates of the said Frances and Mary Arundell, in the Counties of Cornwall and Dorset," was committed: "That they had considered the said Bill; and, having examined the Allegations thereof, found the same to be true; and 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 Bill, with the Amendments, be engrossed.
Bowry's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees the Estate of Lucy Bowry Widow, and John Bowry her Son, situate in the Parishes of Edmonton and Tottenham, in the County of Middlesex, for the Sale thereof, to discharge the several Incumbrances thereupon, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and, having examined the Allegations thereof, found the same to be true; and 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 Bill, with the Amendments, be engrossed.
Fergnsson to add Interlocutors to his Appeal.
Upon reading the Petition of William Fergusson Esquire; praying, "In regard he was allowed to amend his Appeal, by adding proper Parties; that he may be also permitted to add such other Interlocutors thereunto, as he is advised to complain of:"
It is Ordered, That the Petitioner be at Liberty to add such other Interlocutors to the said Appeal as he is advised to complain of, as desired.
Sir W. Barker versus Vis. Ikerrin.
Upon reading the Petition of John Ellis, Agent for the Lord Viscount Ikerrin, and Phannell Cook, Respondents to the Appeal of Sir William Barker Baronet; praying, "In regard the Appellant has not yet amended his Appeal, which he had Liberty to do the Thirtieth of last Month; that he may be compelled forthwith to do it, or that a Day may be appointed for hearing the same:"
It is Ordered, That this House will hear the said Appeal, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed; and that, unless the said Appellant do amend the same in a Week, the Order giving him Liberty so to do be discharged.
Committee on Mr. Bulkley's Petition revived.
Ordered, That the Committee appointed to consider of the Petition of Charles Bulkley Esquire and John Inglis Doctor in Physic, praying Leave to bring in a Private Bill, be revived; and meet on Friday Morning next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 7o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Godstone Road to repair, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Road leading from Godstone, in the County of Surrey, to Highgate, at the Entrance into Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.
Application of Sinking Fund, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Annuities."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Biscathorpe Lands to enclose, Bill.
Hodie 3 a vice lecta est Billa, intituled, "An Act for exchanging the Parsonage-house and Glebe Lands in Biscathorpe, in the County of Lincoln, for other Lands belonging to the Lord of the Manor; and for giving a Recompence to the Rector, in Lieu of his Tithes, to enable the Lord of the Manor to enclose the Common Fields."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To carry down the said Bill, and desire their Concurrence thereunto.
Bowry's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Estate of Lucy Bowry Widow, and John Bowry her Son, situate in the Parishes of Edmonton and Tottenham, in the County of Middlesex, for the Sale thereof, to discharge the several Incumbrances thereupon; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To carry down the said Bill, and desire their Concurrence thereunto.
Arundell's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Frances Arundell and George Henry Earl of Litchfield, Guardian of Mary Arundell (an Infant), during the Minority of the said Mary Arundell, to grant and fill up Leases of the Estates of the said Frances and Mary Arundell, in the Counties of Cornwall and Dorset."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To carry down the said Bill, and desire their Concurrence thereunto.
Prestbury Common Fields to enclose, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for exchanging, dividing, and enclosing, the Common Fields, Common Meadows, and Common and Waste Grounds, within the Manor of Prestbury, in the County of Gloucester."
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 Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Persons omitting to take the Oaths, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Persons who, through Ignorance of Law, have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and Members of Corporations, who have neglected to take the Oaths of Office; and Persons who have not read the Common Prayer, and declared their Assent and Consent to the same, according to Law, upon the Terms therein mentioned."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Van Neck versus De Rons.
Ordered, That this House will hear the Cause wherein Gerard Van Neck Merchant is Appellant, and John Martin De Ron and Partners are Respondents, at the same Time the Appeal of John Martin De Ron and John De Ron, against the said Gerard Van Neck, stands to be heard.
Heads for a Bill for making Process effectual, delivered.
The Lord Chief Justice of the Court of Common Pleas, pursuant to the Order of this House on the Twenty-fifth of March last, delivered Heads for a Bill for making Process in Courts of Equity effectual, against Persons who absent themselves, and cannot be served.
Sir W. Barker versus Damer & al.
Counsel (according to Order) were called in, to be heard, in the Cause wherein Sir William Barker Baronet is Appellant, and John and Joseph Damer, and Nathaniel Evans Gentleman, were Respondents.
And the Appellant's Counsel being heard accordingly; as also One Counsel in Part for the Respondents:
They were directed to withdraw.
And being withdrawn:
It is Ordered, That the further hearing the said Cause be adjourned till To-morrow; and the Lords to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 8o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Prestbury Common Fields to enclose, Bill:
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging, dividing, and enclosing, the Common Fields, Common Meadows, and Common and Waste Ground, within the Manor of Prestbury, in the County of Gloucester," was committed: "That they had considered the said Bill, and found the Allegations thereof 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."
Then the said Bill was read the Third Time.
And the Question being 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. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Application of the Sinking Fund, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further Application of the sinking Fund, by paying off One Million of South Sea Annuities."
And, after some Time spent therein, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Persons omitting to take the Oaths, &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnisy Persons who, through Ignorance of Law, have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and Members of Corporations who have neglected to take the Oaths of Office, and Persons who have not read the Common Prayer, and declared their Assent and Consent to the same, according to Law, upon the Terms therein mentioned."
And, after some Time spent therein, the House was resumed.
And the Lord Viscount Falmouth reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Mrs. Robinson's Separation, Bill.
The Order of the Day, for the Second Reading of the Bill, intituled, "An Act for a Separation between George Robinson Esquire and Elizabeth his Wife, for Cruelty by him committed, and for allowing her a reasonable Maintenance out of his Estate," being read:
It is Ordered, That the said Bill be read a Second Time on Wednesday next; and that the Heads for a Bill delivered in Yesterday from the Judges, for making Process in Courts of Equity effectual against Persons who absent themselves, and cannot be served, be then taken into Consideration.
Mrs. Player's Pet. referred to Committee on Player's Bill, and Counsel to be heard.
Upon reading the Petition of Ellen Player, Widow and Relict of Arthur Player Esquire, deceased; praying to be heard, by Counsel, before the Lords Committees to whom the Bill for Sale of Part of the Estate of Thomas Player Esquire, for Payment of Debts, stands committed:
It is Ordered, That the said Petition be referred to the said Committee; and that the Petitioner may be heard, by Counsel, before their Lordships, as desired; and that Counsel may be heard for the said Bill, at the same Time.
Oxon and Gloucestershire Road to repair, Bill.
A Message was brought from the House of Commons, by Mr. Rowney and others:
With a Bill, intituled, "An Act for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Sir W. Barker versus Damer & al.
After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Sir William Barker Baronet; complaining of an Order of the Court of Chancery of Ireland, made the Ninth Day of May 1729, in a Cause wherein John and Joseph Damer, Executors of Joseph Damer Esquire, deceased, and Nathamel Evans Gentleman were Plaintiffs; and the Appellant was Desendant; and praying, "That the same may be reversed; and such other Order therein made as to this House shall seem meet:" As also upon the Answer of the said Plaintiffs put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Order reversed, and Plea allowed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of the Court of Chancery in Ireland, complained of in the said Appeal, be, and the same is hereby, reversed: And it is hereby further Ordered, That the Plea put in by the Appellant to the Respondents Bill be allowed, as to all the Matters and Things in the said Bill contained, which tend to charge with the Respondents Demands the Lands in the County of Limerick, or the Money decreed to the Appellant out of the Purchase-money, and no farther.
Messages from H. C. with a Bill;
A Message was brought from the House of Commons, by Mr. Orlebar and others:
With a Bill, intituled, "An Act for the effectual repairing the Highways between Dunstable and Hockley, in the County of Bedford, by enlarging the Term and Powers granted by Two former Acts, One of the Ninth, and the other of the Twelfth, Year of the Reign of Her late Majesty Queen Anne;" to which they desire the Concurrence of this House.
and to return Godstone Road to repair Bill;
A Message was brought from the House of Commons, by Mr. Pelham and others:
To return the Bill, intituled, "An Act for the more effectual repairing the Road leading from Godstone, in the County of Surrey, to Highgate, at the Entrance into Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.
and Lacam & al. Nat. Bill.
A Message was brought from the House of Commons, by Mr. Winnington and others:
To return the Bill, intituled, "An Act for naturalizing Isaac Lacam and Peter Korten;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
D. Argyll & Greenwich to amend Appeal.
The House being moved, "That Leave be given to amend the Appeal of the Duke of Argyll and Greenwich, with respect to Parties; the Respondents not having put in their Answer:"
It is Ordered, That Leave be given to amend the said Appeal, as desired; the Appellant causing the Respondents' Copy (if any taken out) to be amended.
Counsel and Solicitor assigned for J. Gray.
Upon reading the Petition of Joseph Gray; praying, In regard he is admitted to prosecute his Appeal in Forma Pauperis, that William Hamilton Esquire and Dudley Ryder Esquire, Counsellors at Law, may be assigned Counsel for him, and Mr. Robert Dalrymple for his Solicitor:"
It is Ordered, That the said William Hamilton and Dudley Ryder be assigned the Petitioner's Counsel, and Robert Dalrymple his Solicitor, according to the Prayer of the said Petition.
Richardson & Ux. versus Sedgwick & al.
Whereas To-morrow is appointed, for hearing the Cause wherein Robert Richardson Esquire and his Wife are Appellants, and John Sedgwick and his Wife and Edmund Duckett are Respondents:
It is Ordered, That the hearing the said Cause be adjourned till Monday next; and that the other Causes on Cause-days be removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 9o Aprilis.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Magenis versus Magenis.
The Answer of Anne Magenis, to the Appeal of Arthur Magenis Esquire, was brought in.
Sinking Fund Application, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Annuities."
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. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Indemnifying Persons who have omitted to take the Oaths, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify Persons who, through Ignorance of Law, have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and Members of Corporations who have neglected to take the Oaths of Office; and Persons who have not read the Common Prayer, and declared their Assent and Consent to the same, according to Law, upon the Terms therein mentioned."
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. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Dunstable Road to repair, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the effectual repairing the Highways between Dunstable and Hockley, in the County of Bedford, by enlarging the Term and Powers granted by Two former Acts, One of the Ninth, and the other of the Twelfth, Year of the Reign of Her late Majesty Queen Anne."
Taylor et al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Thomas Taylor Esquire and Arabella his Wise, and Maurice Shelton Esquire, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for enabling the Sale of several Lands and Hereditaments of Thomas Taylor and Maurice Shelton Esquires, in the County of Suffolk; and for settling other Lands, of as great Yearly Value, to the same Uses."
D. Grafton, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Charles Duke of Grafton was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of an Estate of Charles Duke of Grafton, in the County of Surrey; and to settle other Lands in Lieu thereof."
Huckle, Leave to exhibit a Petition:
Upon reading the Petition of Godfrey Kneller Huckle Gentleman; praying Leave to exhibit a Petition, for Leave to bring in a Bill, for enabling him and the Heirs of his Body to take and use the Surname of Kneller:
It is Ordered, That the Petitioner have Leave to exhibit a Petition, as desired.
Pet. exhibited, for a Bill to change his Name:
Then, another Petition of the same Person was presented, and read; praying Leave to bring in a Bill, for the Purpose abovementioned.
And Leave was given to bring in a Bill accordingly.
Huckle to take the Name of Kneller, Bill.
And thereupon the Earl of Warwick presented to the House a Bill, intituled, "An Act for enabling Godfrey Kneller Huckle Gentleman, and the Heirs of his Body, to take and use the Surname of Kneller."
And the same was read the First Time.
Oxon and Gloucester Road to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester."
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 Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Putt's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Reymundo Putt Esquire to make and fill up Leases of the Estate late of Sir Thomas Putt Baronet, deceased, in the Counties of Devon, Dorset, and Somerset," was committed: "That they had considered the said Bill, and found the Allegations thereof 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."
Ordered, That the said Bill be engrossed.
Sir. W. Barker versus V. Ikerrin et al.:
The House being informed, "That a Person attended at the Door, in order to prove a Copy of an Order made by the Court of Chancery in Ireland, in the Cause wherein Sir William Barker Baronet is Appellant, and the Lord Viscount Ikerrin and Phannel Cook are Respondents:"
Copy of an Order proved.
He was called in; and delivered, at the Bar, the said Copy; and attested upon Oath, "The same was true, he having examined it with the Original in the proper Office in that Kingdom."
And then he was directed to withdraw.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present:
His Majesty, being seated on His Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."
Who being come, with their Speaker;
He, after a short Introduction in relation to the Money Bills to be passed, delivered the same to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the Titles of the other Bills to be passed, severally, as follow:
Bills passed.
"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-one."
"2. An Act for the further Application of the Sinking Fund, by paying off One Million of South Sea Annuities."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
"3. An Act to explain and amend an Act, made in the Third Year of His Majesty's Reign, intituled, An Act for the better Regulation of Juries," so far as the same relates to the County of Middlesex."
"4. An Act to indemnify Persons, who, through Ignorance of Law, have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and Members of Corporations who have neglected to take the Oaths of Office; and Persons who have not read the Common Prayer, and declared their Assent and Consent to the same, according to Law, upon the Terms therein mentioned."
"5. An Act for the more effectual repairing the Road leading from Godstone, in the County of Surrey, to Highgate, at the Entrance into Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Le Roy le veult."
"6. An Act for vesting several Manors, Lands, and Hereditaments, therein mentioned, in James Duke of Chandos and his Heirs, in Pursuance of certain Articles of Agreement made on the Marriage of his Son Henry Bridges Esquire, commonly called Marquis of Carnarvon."
"7. An Act for enclosing and dividing the Common Fields and Common Grounds, in the Manor of Nuneaton and Attleborough, in the County of Warwick."
"8. An Act for exchanging, dividing, and enclosing, the Common Fields, Common Meadows, and Common and Waste Grounds, within the Manor of Prestbury, in the County of Gloucester."
"9. An Act to enable John Shafto Esquire to make a suitable Settlement upon any Woman he shall marry, and Provision for Younger Children."
"10. An Act for the Sale of the Estate late of Mary Clayton deceased, in the County of Bucks (entailed by her Will), for Payment of her Debts and Legacies charged thereon; and for laying out the Overplus of the Monies arising by such Sale in the Purchase of other Lands, to be settled to the same Uses."
"11. An Act for naturalizing Isaac Lacam, Peter Korten, and others."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire; and the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Bulkley's Pet. for a Bill; Report of Committee:
The Lord Delawarr reported from the Lords Committees to whom the Petition of Charles Bulkley Esquire (on Behalf of himself and his Creditors), and of John Inglis Doctor in Physic, was referred; praying Leave to bring in a Bill, for vesting certain mortgaged Premises, in the County of Southampton, in the said Doctor Inglis, in Trust, on Payment of what is due thereon, to convey the same to the said Charles Bulkley: "That the Committee have met, and considered the Petition to them referred, and inspected the Mortgage-deed of the Ninth of November 1721, in the Petition mentioned; whereby it appeared, that the Petitioner Bulkley mortgaged a Messuage and several Lands in the County of Southampton, to George Heriot (since deceased) and his Heirs, for One Thousand Pounds, and Interest, with a Covenant in the said Deed contained, for the Petitioner Bulkley and his Wife to levy a Fine; the Indentures of which Fine were produced before the Committee; in which Deed was likewise contained a Proviso, "That the said George Heriot, his Heirs and Assigns, should re-convey the Premises to the Petitioner Bulkley, his Heirs and Assigns, on Payment of One Thousand and Fifty Pounds."
"That the Will of the said George Heriot, and the Probat thereof, were likewise produced to the Committee, of which Will the Petitioner John Inglis is Executor, by which he became entitled to the said One Thousand Pounds and Interest.
"That it appeared to the Committee, that Alexander Heriot is Brother and Heir to the said George Heriot deceased; and that the legal Estate of the said mortgaged Premises thereby descends to him.
"That the Petitioner Bulkley, who attended the Committee, declared, "He was ready to pay off the Mortgage:" And the Petitioner Inglis was likewise present at the Committee, and declared, "He was also willing to receive the said Mortgage-money."
"That a Bill was brought into the Court of Chancery, in the Year 1725, by the Petitioner Bulkley, against the said Alexander Heriot and John Inglis, to redeem the said Mortgage, and to have a Reconveyance of the Premises made, upon Payment of the Mortgage-money, Interest, and Costs. And it appears by the Answer of the said John Inglis (which Bill and Answer were produced to the Committee), that he was willing and ready to assign and convey to the Petitioner Bulkley all his Title and Interest in the said Premises, or the Monies thereby secured, on being paid the said Thousand Pounds, Interest and Costs; which Principal, Interest, and Costs, now amounts to the Sum of One Thousand Four Hundred and Fifty Pounds.
"That the Petitioner Bulkley, in December last, executed a Deed (which Deed was produced to the Committee), wherein he covenanted to convey the Estate so mortgaged, and other Lands in the County of Southampton, to Trustees, for Payment of his Debts, before the last Day of May next.
"That it was proved to the Committee, that the said Alexander Heriot, at the Time of filing of the said Bill, and ever since, has resided in Scotland. And an Affidavit of George Muirhead, Writer in Edinburgh and Notary Public, was produced to the Committee, and read, "That he the said George Muirhead, by the Direction of the Legatee of George Heriot deceased, several Years ago, and so late as the Eleventh Day of March last, did go to the said Alexander Heriot, at his Dwelling-house in Edinburgh, where he has lived for many Years; and there desired him to assign over the said mortgaged Premises; which he absolutely refused to do."
"That, the said Alexander Heriot, who has only the legal Estate in him, absolutely refusing to assign over the said mortgaged Premises, and residing altogether in Scotland, by means whereof he cannot be thereunto compelled by any Process here, the Committee are of Opinion, That Leave be given to bring in a Bill, for vesting the said mortgaged Premises in the Petitioner John Inglis, in Trust, on Payment of the Mortgage-money, Interest, and Costs, due thereon, to convey the same to the Petitioner Charles Bulkley and his Heirs."
Which Report, being read by the Clerk, was agreed to by the House.
Leave for a Bill.
Ordered, That Leave be given to bring in a Bill, according to the Opinion of the said Committee.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 10o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Continuing and amending Acts, &c. Bill.
A Message was brought from the House of Commons, by Mr. Brampston and others:
With a Bill, intituled, "An Act for continuing some Acts, and amending others, relating to the searching of Drugs and Medicines; the making of British Sail Cloth; the East India Trade; the cutting of Hedges adjoining to Highways; and the appointing of Scavengers, and repairing of Streets; and for the more effectual punishing Stealers of Lead or Iron Bars fixed; and for empowering Justices of the Peace, at their General or Quarter Sessions, to determine upon Appeals, notwithstanding Defects of Form in the original Proceedings;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
D. Grafton's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of an Estate of Charles Duke of Grafton, in the County of Surrey; and to settle other Lands in Lieu thereof."
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 Wednesday next come Sevennight, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Taylor and Shelton's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling the Sale of several Lands and Hereditaments of Thomas Taylor and Maurice Shelton Esquires, in the County of Suffolk; and for settling other Lands, of as great Yearly Value, to the same Uses."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Motion to dispense with the Standing Order touching Exchange of Lands.
The House being moved, "To dispense with the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the abovementioned Bill of Mr. Taylor's stands committed may proceed thereon, notwithstanding an Agreement is not yet made for a Purchase, in which the Money that may arise by Sale of a Farm called Park Farm, in the County of Suffolk, is to be invested, as is directed to be done by the said Standing Order:"
It is Ordered, That this House will, on Monday next, take the said Motion into Consideration; and the Lords to be summoned.
Bulkley and Inglis's Bill.
The Lord Delawarr, pursuant to the Order Yesterday, presented to the House a Bill, intituled, "An Act for vesting in John Inglis (Executor of George Heriot Clerk, deceased) certain Lands in the County of Southampton, mortgaged in Fee, by Charles Bulkley Esquire, to the Testator, in Trust, for the Purposes therein mentioned."
And the same was read the First Time.
Explaining an Act to naturalize Foreign Protestants, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain a Clause in an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne (for naturalizing Foreign Protestants), which relates to the Children of the natural-born Subjects of the Crown of England, or of Great Britain."
Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next.
Dundee Duty on Beer Bill.
A Message was brought from the House of Commons, by Mr. Drummond and others:
With a Bill, intituled, "An Act for continuing the Duty of Two Penny Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale and Beer that shall be vended or sold within the Town of Dundee, and Privileges thereof, for paying the public Debts of the said Town, repairing the Harbour there, and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Huckle to take the Name of Kneller, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling Godfrey Kneller Huckle Gentleman, and the Heirs of his Body, to take and use the Surname of Kneller."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Tuesday next, at the same Time and Place; and to adjourn as they please.
Putt's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Reymando Putt Esquire to make and fill up Leases of the Estate late of Sir Thomas Putt Baronet, deceased, in the Counties of Devon, Dorset, and Somerset."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To carrry down the said Bill, and desire their Concurrence thereunto.
Dunstable Highways to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the effectual repairing the Highways between Dunstable and Hockley, in the County of Bedford, by enlarging the Term and Powers granted by Two former Acts, One of the Ninth, and the other of the Twelfth, Year of the Reign of Her late Majesty Queen Anne."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Tuesday Morning next, at the same Place; and to adjourn as they please.
Player's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the Estate of Thomas Player Esquire, for discharging the Debts, Legacies, and Incumbrances therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, duodecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.