House of Lords Journal Volume 19: 28 March 1712

DIE Veneris, 28 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

More & al. Pet. referred to Judges.

Upon reading the Petition of Francis Moore and Mary his Wife, and Elizabeth their only Daughter, and of William Moore, Second Son of Sir Henry Moore, late of Fawley, in the County of Berks, deceased; praying Leave to bring in a Bill, for vesting an Estate in Wiltshire in Trustees, to be sold, for Payment of Debts, and other Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Justice of the Court of Queen's Bench and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Crawford, Day of Hearing, and Deeds to be produced.

Upon reading the Petition of Arch'bald Crawford Esquire, Respondent to the Appeal of John Crawford, an Infant, by Jane Crawford his Guardian; praying, "That a short Day may be appointed for hearing the said Appeal; and that the Appellant, or his Agent, do produce, at the said Hearing, the several Deeds complained of and voided by the Interlocutors of the Lords of Session in Scotland, which were produced before the said Lords at the Hearing of the said Cause, and are now in the Appellant's or his Agent's Custody:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Fifth Day of April next, at Eleven a Clock: And it is further Ordered, That the Appellant, or his Agent, do then produce the Deeds above desired.

Bromsall's Bill.

The Lord Trevor reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Owen Thomas Bromfall Gentleman to sell divers Lands, Tenements, and Hereditaments, in the County of Bedford, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

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

Wolstenholme's Pet. referred to Judges.

Upon reading the Petition of Sir Nicholas Wolstenholme Baronet; praying Leave to bring in a Bill, for vesting in Trustees the Manor of Navesby, and other Lands in the County of Northampton, to be sold, for Payment of his Debts, and other Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Justice of the Court of Queen's Bench and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for confirming to Agmondisham Vesey Esquire, and his Children, the Benefit intended by an Act passed in the First Year of Her Majesty's Reign, for their Relief; and for discharging him and them of the Rents and Profits of their Estate, incurred before the passing of the said Act."

Also, a Message was brought from the House of Commons, by Sir Robert Davers and others:

With a Bill, intituled, "An Act to explain an Act made in the Seventh Year of Her Majesty's Reign, intituled, an Act to empower the Lord High Treasurer of Great Britain, or Commissioners of the Treasury, to compound with the Sureties of Samuel Pacey, deceased, late Receiver General for the County of Suffolk, so far as it relates to Joseph Pake, One of the said Sureties;" to which Bills they desire the Concurrence of this House.

L. Ormestoun versus Hamilton:

After hearing Counsel, upon the Petition and Appeal of Adam Cockburne of Ormston, One of the Senators of the College of Justice, and Dame Anne his Wife, from several Decrees, Orders, and Interlocutory Sentences, made by the Lords of Session in North Britain, and particularly from the Decree, or Sentence, of the Twenty-ninth of June last, made on the Behalf of John Hamilton, by his Guardian; and praying the Reversal of the said Decrees, Orders, and Interlocutory Sentences, in the Petition complained of: As also upon the Answer of the said John Hamilton put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed, in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sentence of the Twenty-ninth of June, declaring the Suit to be Lis finita, shall be, and is hereby, reversed: And it is further Ordered and Adjudged, That the Appellants be at Liberty to insist or prosecute in the said Suit or Process, for all the Expences of the Funeral above the Sum of Two Hundred and Fifty Pounds, to which the same were reduced by the Lord Ordinary, as well as for the said Sum of Two Hundred and Fifty Pounds, and as well for the extraordinary as for the ordinary Costs and Expence, touching the Administration or Confirmation of the Testament of the Deceased; and that such several Sums as shall appear just, to have been allowed or deducted out of the Personal Estate, for such Funeral Expences, and for such ordinary and extraordinary Costs and Expences touching the Administration or Confirmation of the said Testament, shall be taken as remaining due upon the Bond bearing Date the 5th Day of March 1703, and be computed with Interest from such Time as the Money secured by the said Bond became payable, until the Payment thereof, and stand as a Charge upon the Heritable Estate; but as to the Interlocutory Sentence in November 1709, for sustaining the Bar, or Prescription, whereby the Appellants were not allowed to make any Deduction out of the Personal Estate for several of the Deceased's Debts paid by the Appellants to Sir Robert Blackwood and others, such Debts being Merchants Accompts, and adjudged, barred, or prescribed, by the Statute of King James the Sixth, as not being sued for in Three Years, the said Interlocutory Sentence is hereby affirmed: And as to the Interlocutory Order made the Twenty-eighth of November last, touching the Respondent's Costs, the same is hereby remitted to the Lords of Session, to re-consider the same, together with the said Demands of the Appellants touching the Funeral Expences, and the said Costs and Expences touching the Administration or Confirmation of the said Testament, and determine thereupon as shall be just.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum nonum diem instantis Martii, hora duodecima, Dominis sic decernentibus.