Meffage tö H. C. with it.

L. Conway's Bill.

Pechells' Nat, Bill.

Meffage to

Sir Richard Holford and Mr. Pitt:

To carry down the faid Bill, and defire their Con

currence thereunto.

Hodie 1 vice leta eft Billa, intituled, "An Act "for making the Exemplification of the Will of Edward "late Earl of Conway, and the Depofitions relating to "the fame, Evidence on Trials at Law."

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, " An Act for naturalizing "Jacob Pechells and others," as fit to pafs, with feveral Amendments.

Which were read Twice, and agreed to.

Hodie 3a vice lecta eft Billa, intituled, “An Act "for naturalizing Jacob Pechels and others."

The Question was put, "Whether this Bill, with "the Amendments, fhall pafs?"

It was Refolved in the Affirmative.

A Meffage was fent to the House of Commons, by Amendments. Sir Richard Holford and Mr. Pitt:

H. C. with

to it.

Nat. Bill.

.

To return the faid Bill, and defire their Concurrence to their Lordships Amendments made therein.

Lamerie & al. The Earl of Stamford reported from the Lords Committees, the Bill, intituled, " An Act for naturalizing of "Vincent De Lamerie and others," as fit to pafs, with fome Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engroffed, with the faid Amendments.

Dafton Whereas Richard Dafton's Petition was offered to verjus E. of Oxford: this Houfe, and read, the Eleventh Inftant, relating to an Order or Judgement of this Houfe of the One and Twentieth of November One Thousand Seven Hundred and Two, upon the Appeal of Edward Earl of Orford and others, to which the Petitioner was Refpondent, which was then ordered to lie on the Table; and alfo upon reading this Day another Petition of the faid Richard Dafton, with an Affidavit annexed, giving Reafons for his not bringing his Petition fooner:

Domini tam Spirituales quam Temporales præfentes

fuerunt:

PRAYER S.

Ds. Sommers. Ds. Halifax.

Ds. Conway.

Ds. Hervey,

of Henry Clavering Gentleman, from a Decree made in verfus After hearing Counfel, upon the Petition and Appeal Clavering the Court of Chancery, in Hillary Term laft, on the al.: Clavering & Behalf of Sir James Clavering Baronet, John Clavering Gentleman, and Marke Shaftoe Efquire; as alfo upon his Younger Brother, and of Marke Shaftoe, as allo the Answers of Sir James Clavering, and John Clavering the Answer of James Clavering Efquire, put in thereunto; and due Confideration of what was offered thereupon:

It is ORDERED and Adjudged, by the Lords Spiri- Judgement tual and Temporal in Parliament affembled, That the affirmed. fhall be, and is hereby, difmiffed this Houfe; and that faid Petition and Appeal of Henry Clavering Gentleman. the Decree therein complained of shall be, and is hereby,

affirmed.

A Meffage from the Houfe of Commons, by Mr. Meffage from Afleby and others:

Who brought up a Bill, intituled, "An Act for the "Eafe of Sheriffs, in the Execution of their Offices, and "in paffing their Accompts;" to which they defire the Concurrence of this House.

H. C. with a Bill

Conway's Bill,

Fisher's Bill.

Adjourn.

Ds. De Lawarr.

Epus. Ciceftr.

Ds. Chandos.

Epus. Bangor.

Epus. Carliol.

Epus. Afaph.

Hodie 2 vice lefta eft Billa, intituled, "An Act "to enable John Brett Fisher Efquire and Judith his "Wife to fell Lands, for the Payment of his Debts, "and making Provifion for his Wife and Children, in "cafe they fhall have any."

ORDERED, That the Confideration of the faid Bill be referred to the Lords Committees abovenamed. Their Lordships, or any Five of them; to meet at the fame Time and Place.

Dominus Cuftos Magni Sigilli declaravit præfens Parliamentum continuandum effe ufque ad et in diem Jovis, decimum feptimum diem inftantis Januarii, hora undecima Aurora, Dominis fic decernentibus.

Ds. Cuftos Magni
Sigilli.
Ds. Godolphin, The
faurarius.

Dux Somerfet.
Dux Richmond.
Dux Ormonde.

Dux Northumberland.
Dux Bolton.
Dux Shrewsbury.
Dux Marlborough.
Dux Buckingham..
Comes Lindley,

Magnus Camera

rius.

Comes Kent, Camerarius.

Comes Derby. Comes Westmorland. Comes Manchester. Comes Rivers. Comes Stamford. Comes Kingston. Comes Carnarvon. Comes Sunderland. Comes Feverfbam Comes Nottingham. Comes Rochefter. Comes Holdernesse Comes Portland. Comes Torrington. Comes Bradford. 1 Comes Orford. Comes Greenwich Vifcount Townshend.

PRAYERS.

Ds. De Lawarr. Ds. Berkeley B. Ds. Chandos. Ds. Grey W. Ds. Howard Efc. Ds. Mobun., Ds. Vaughan. Ds. Colepeper. Ds. Rockingham. Ds. Cornwallis. Ds. Dartmouth. Ds. Guilford. Ds. Cholmondeley. Ds. Afhburnham. Ds. Herbert.

Holworthy's Bill.

Greenall's Bill.

Le Grand's Nat. Bill:

A Meffage from the Houfe of Commons, by Sir Meffage from Henry Dutton Colt and others:

Who brought up a Bill, intituled, "An Act for "the Relief of Colonel Samuel Venner;" to which they defire the Concurrence of this House.

H. C. with a Bill.

Hodie vice leta eft Billa, intituled, "An Act for Venner's Bill. "the Relief of Colonel Samuel Venner."

Sir A. Shaen.

Upon reading the Petition of John Earl of Kildare; E. of Kildare fhewing, "That, the Twenty-eighth of April One verlus "Thoufand Seven Hundred and One, this 'Houfe "reverfed a Decree obtained in the Chancery of Ire "land, by Sir Arthur Shaen, against Will'm Hancock and "Leonard Hatfield, the Petitioner's Tenants; and that "Sir Arthur Shaen obtained an Order of this House,' "for the Tenants to bring in their Rents into Court; "which was done; but Sir Arthur Shaen hath not yet brought on the Caufe to be heard, as in the Petition

66

66

(amongst other Things) is fet forth;" and therefore) praying, "That in regard the not hearing the Caufe is "not by Default of the Petitioner, that the Difcharge "of that Part of the Order that directs the Petitioner's "Tenants to bring the Rents of their Lands into Court, "and that what of the Rents they have brought into "Court may be paid the Petitioner, to whom they belong:"

66

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Sir Arthur

Shaen fhall have a true Copy of this Petition fent him; and that he fhall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Seventh Day of February next, at Eleven a Clock.

Upon reading the Petition of the Six Under Mar- Marshal's fhals belonging to Her Majefty's Household, who have Men, Pet. for attended the Service of this Houfe the Two laft Par- an Allowance. liaments; and praying, "That Her Majefty may be "moved, that they may have Forty Pounds allowed "them for each Seffion of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Petition. fhall be, and is hereby, referred to the Lords Committees, to confider of the fame, and the Orders formerly made in this Cafe, as alfo how the Petitioners have performed their Duty; and report their Opinion thereupon to this Houle; (videlicet,) Ds. Godolphin,

Thefaurarius. Arch. Cantuar. Epus, Sarum. Epus. Hereford. Epus. Ciceftr.

Dux Somerfet. Dux Ormonde. Dux Bolton.

Dux Shrewsbury. Epus. Bangor. Dux Buckingham. Epus. Carliol.

The Question was put, "pals?"

Magnus Came

rarius. Comes Kent,

Camerarius.

Comes Derby.

Ds. De Lawarr. Ds. Berkeley Ber. Ds. Chandos. Ds. Grey W. Ds. Howard Efc Ds. Mohun.

Ds. Colepeper. Ds. Rockingham. Ds. Cornwallis. Ds. Dartmouth. Ds. Guilford. Ds. Cholmondeley. Ds. Afhburnham.

it was Refolved in the Affirmative.

Comes Weftmor

land.

Ds. Herbert.

Comes Manchef

Ds. Sommers.

ter.

Ds. Halifax.

Meffage to H.C. with it.

Dutchefs of Shrewsbury's

Nat. Bill.

Sir Richard Holford and Mr. Pitt:

Comes Stamford. Comes Kingston. Comes Sunder

land.

Comes Feverfham.

Ds. Conway.

Defects in the Laws to be

"The Committee appointed to confider the Method "of keeping Records and Public Papers in Offices, &c. "having met, proceeded to inquire into the Manner "how the Papers in the Paper-office were kept; and for "that Purpose fent for Mr. Tucker, the Keeper of those "Papers. And having heard what Account he gave of "the Method obferved in that Office, and of the State "the Papers were in, and how the faid Office was exe"cuted; the Committee beg Leave to inform the House, "That their Lordships find, that no Public Papers "have been delivered into that Office, by the Secretaries "of State, fince Sir Leoline Jenkins was Secretary; and "that many Papers, which ought to be there, are wanting "in the preceding Times; and particularly, that the "Treaty of Breda is loft; and the prefent Officer cannot "tell where the Treaty of Refwick remains.

"The Committee humbly offer, whether it may not "be proper for the Houfe to make Application to Her "Majefty, That Her Majefty would pleafe to give fuch "Orders as She fhall think fit, for the Recovery of "fuch Papers as are not delivered into the faid Office; "and that fome proper Method may be taken for the "future, in order to preferve the Papers of State, for "the Ufe of the Public."

To which the House agreed.

Then it was propofed, " To make an humble Ad"drefs, to be prefented to Her Majefty, upon the Sub"ject-matter of the faid Report."

"All Double Pleas to be allowed; faving, that if "any One be found defective or frivolous, or upon "Iffue or Verdict found for the Defendant, Colts fhall "be given, at the Difcretion of the Court.

દ

"After Iffue joined, in any Action to be brought in "the Courts of Westminster; upon Oath made, That, any Witneffes cannot be prefent at the Trial, by reafon of their being to go beyond the Seas, or by "reafon of Sick nefs, or other Infirmity; it shall be lawful, by Rule of Court, for the Plaintiff or De"fendant, to exhibit Interrogatories to fuch Witnelles, "to be examined thereunto, upon Oath, before One "of the Judges of the faid Court, or before Commif

fioners to be appointed under the Seal of that Court; "which Depofitions may be made Ufe of at the Trial, "in cafe the Witneffes cannot be there; and the laid "Depofitions fhall be afterwards entered or enrolled in "in the faid Court.

"No Challenges fhall be to any Array of any "Pannel of Jurors for Default of Hundreders; but every Venire Facias fhall, for the future, be of the "Body of the County.

"That, in Ejectione Firma, or Action of Trefpafs, the "Court may order a View before Trial: The Sheriff

fhall be commanded, in the Writ of Diftringas, or "Habeas Corpora, to have the Jurors to the Place to "view the fame, in the Prefence of A. and B. that are "appointed to fhew the fame.

"All Grants and Conveyances of any Rents, the. "Reversion or Remainder of any Manors, Meffuages, "or Lands, shall be good and effectual, without any "Attournment of any Tenant.

"No Dilatory Plea to be received, unlefs the Party pleading, or fome on his Behalf, do make Oath of "the Truth thereof.

"In Debt upon any fingle Bill, or Debt on a Scire "Facias upon any Judgement, Payment of the Money "fhall be a good Plea in Bar thereof.

"In Debt upon any Bond, with a Condition or De"feazance, to pay a leffer Sum at a Day or Place cer"tain; if the Money be paid after the Forfeiture of "the Bond, that fhall be a good Plea in Bar thereof; "and if, any Time pending the Action, the Defendant "fhall bring all the Principal, Intereft, and Charges, "the Court fhall give Judgement, to discharge the De"fendant of any fuch Bond; and if, after Judgement, "fuch Payment fhall be made, the Court fhall dif charge the Defendant of fuch Judgement.

66

The Lord Sommers reported from the Lords Commitamended and tees appointed to confider what Defects there are in the explained, and Laws, which may be proper to be supplied or amended, Suits to be and what Doubts may be fit to be explained or cleared; more expeditious and lefs and to confider of proper Methods to leffen the Expences of Suits, and to make Proceedings in Courts of JufReport about. tice more expeditious, as followeth; (videlicet,)

expenfive,

pative Will, fhall be understood fuch as are allowed "upon Trials at Law by the Laws and Cuftoms of the "Realm.

"Declaration of Ufes by Deed, fubfequent to a Fine or Recovery, fhall be declared to be as effectual "within that Statute as if precedent.

"No Entry or Claim to be allowed, to avoid the "Statute of Limitations, or any Fine; unlefs upon "fuch Entry an Action fhall be brought within a Year, "and profecuted with Effect.

"The Statute of Limitations fhall be extended to "Libels in the Admiralty Court for Seamen's Wages, in "the fame Manner as if an Action upon a Promife "for the fame had been brought in any of the Queen's "Courts of Record.

"The Plaintiff fhall in no Cafe be bound by the "Statute of Limitations, if the Defendant fhall be be"yond Sea at the Time of the Caufe of Action ac"crued, fo as the Plaintiff brings his Action within Six "Years after his Return into this Realm. S

"If

a

of Bail"If the Plaintiff be content to accept "bond from the Sheriff, the Sheriff fhall affign the "fame by Indorsement under his Hand and Seal, and "the Plaintiff thereupon fhall fue in his own Name; "and if the Bond be forfeited, the Court, where the "Action is brought by Rule, may impofe fuch Terms "upon the Defendant, and give fuch Relief to the "Bail, touching fuch Bond, as fhall be agreeable to Juftice and Reafon; which Rules fhall have the Effect "of a Defeażance as to fuch Bond.

"The Debts that any Defendant hath owing unto "him may be attached in Execution, in Satisfaction for "Debt and Damages recovered against him; and a Day "fhall be given to the Debtor to appear. The Court "fhall give Judgement for the Plaintiff, to recover fo "much as fhall be attached, &c. as in London upon a Foreign Attachment.

Judges to prepare a Bill, pursuant to the Report.

Adjourn.

"No Process to iffue out of any Court of Equity "till after the Bill is filed; nor any Service of a Subpana to be good, unless at the fame Time the Defen"dant be ferved with a true Copy of the Bill, figned "by the proper Officer, at the Plaintiff's Charge, "which is to be allowed him in Cofts, if he prevail in the Suit: The Defendant not to be obliged to take or pay for any other Copy of the Bill; and no Copy "or Abftract of the Bill to go with the Dedimus, or "Commiffion for taking the Defendant's Anfwer."

The Heads of which faid Report, being severally read, were agreed to by the House.

Whereas this Day feveral Heads for a Bill were reported, from the Lords Committees appointed to confider what Defects there are in the Law, which may be proper to be supplied or amended; which were read, and agreed to by the House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Judges do forthwith prepare a Bill, pursuant to the faid Report, and prefent the fame to this Houfe.

IE Veneris, 18° Januarii.

Domini tam Spirituales quam Temporales præfentes fuerunt:

Dominus Cuftos Magni Sigilli declaravit præfens Parliamentum continuandum effe ufque ad et in diem Veneris, decimum octavum diem inftantis Januarii, hora undecima Auroræ, Dominis fic decernentibus.

:

1.

PRAYER S.

Ds. Sommers. Ds. Conway. Ds. Herveys