House of Lords Journal Volume 20: 12 February 1718

Journal of the House of Lords: Volume 20, 1714-1717. Originally published by His Majesty's Stationery Office, London, 1767-1830.

Citation:

'House of Lords Journal Volume 20: 12 February 1718', in Journal of the House of Lords: Volume 20, 1714-1717( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol20/p606 [accessed 8 July 2024].

DIE Mercurii, 12 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:



Arch. Ebor. Epus. London. Epus. Sarum. Epus. Carliol. Epus. Norwic. Epus. Roffen. Epus. Bristol. Epus. Cestriens. Epus. Oxon. Epus. Lincoln. Epus. Exon.	Ds. Cowper, Cancellarius. Dux Kingston, C.P.S. Dux Newcastle, Camerarius. Dux Richmond. Dux Bolton. Dux Marlborough. Dux Bucks. Dux Montrose. Dux Roxburgh. March. Annandale. Comes Lincoln. Comes Dorset. Comes Bridgewater. Comes Northampton. Comes Manchester. Comes Berks. Comes Stamford. Comes Sunderland. Comes Scarsdale. Comes Clarendon. Comes Cardigan. Comes Litchfield. Comes Radnor. Comes Yarmouth. Comes Berkeley. Comes Rochester. Comes Plimouth. Comes Warrington. Comes Bradford. Comes Greenwich. Comes Godolphin. Comes Sutherland. Comes Rothes. Comes Buchan. Comes Orkney. Comes I'lay. Comes Ferrers. Comes Strafford. Comes Carnarvon. Comes Tankerville. Comes Bristol. Comes Sussex. Viscount Townshend. Viscount Lonsdale. Viscount Tadcaster. Viscount Castleton. Viscount St. John.	Ds. Willoughby Er. Ds. Delawar. Ds. Howard Eff. Ds. North & Grey. Ds. Compton. Ds. Teynham. Ds. Berkley Str. Ds. Lumley. Ds. Carteret. Ds. Guilford. Ds. Weston. Ds. Herbert. Ds. Haversham. Ds. Gower. Ds. Rosse. Ds. Belhaven. Ds. Harcourt. Ds. Boyle. Ds. Montjoy. Ds. Mansel. Ds. Trevor. Ds. Bingley. Ds. Harborough. Ds. Carleton. Ds. Cobham. Ds. Coningesby. Ds. Onslow. Ds. Torrington. Ds. Romney. Ds. Newburgh. Ds. Pawlet Bas.

PRAYERS.

O'Hara versus O'Neile:

After hearing Counsel, upon the Petition and Appeal of Charles O'Hara, of Kin-saly, in the Kingdom of Ireland, Esquire; complaining of a Decretal Order of the Court of Chancery in the said Kingdom, made the 20th Day of February 1 16; and of an Order of the said Court, the 22d of the same Month; as also of the subsequent Orders and Proceedings, in a Cause wherein Tully O'Neile Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the said Decretal Order may be reversed; and that the said Order of the 22d of February, and the subsequent Orders of the said Court, may be discharged:" As also upon the Answer of the said Tuly O'Neile put in to (fn. 1) the said Appeal; and due Consideration of what was offered thereupon:

Judgement varied.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal (fn. 2) in Parliament assembled, That the First Clause in the said Decretal Order, which declares, "That the Lease therein mentioned was taken in Trust for the Plaintiff Tully O'Neile," be, and is hereby, affirmed: And it is hereby further Ordered and Adjudged, That the Second Clause in the said Decretal Order be affirmed, with the following Alteration at the Close thereof; videlicet, after the Words ["and that he do accompt with the Plaintiff for the"], leave out the Words ["full Value of the said Land"]; and instead thereof, insert ["Rents and Profits of the said Lands, in Manner aforesaid"]: And it is further Ordered and Adjudged, That the last Clause in the said Decretal Order be varied, and do stand in the Words following; videlicet, "That, upon the Plaintiff's, his Executors or Assigns, paying unto the Defendant, his Executors or Assigns, what shall appear to remain due of such Principal-money as he paid to the Lord Conway, with the Interest thereof; that thereupon the Defendant is hereby decreed to assign over and deliver up the said Lease to the Plaintiff, his Executors, Administrators, or Assigns, by good and sufficient Conveyances in the Law, free from all Acts and Incumbrances of the Defendant; the Plaintiff giving sufficient Security, to be approved of by the Master of the said Court of Chancery, to indemnify the Defendant, his Executors, Administrators, and Assigns, from all Damages he may any Way incur, by reason of the Covenants in, or his Acceptance of, the said Lease; and, if the Plaintiff shall not pay to the Defendant what shall so appear to remain due to the Defendant, upon the Accompt to be taken as aforesaid, within Six Months after the said Master's Report confirmed, the Defendant at the same Time giving up and assigning the said Lease free from the Acts and Incumbrances of the said Charles O'Hara as aforesaid, then the Plaintiff's Bill is from thenceforth to stand absolutely dismissed, with Costs; and, the better to enable the said Master to state and settle the Accompt, he is to be armed with a Commission to examine Witnesses touching the said Accompt, in which the Master is to make all just Allowances; and that the Plaintiff have his Costs of Suit in the said Court; which Costs, when taxed, to be deducted out of the Money which shall be found due to the Defendant, on the Accompt aforesaid:" And it is hereby also Ordered and Adjudged, That the said Order of the said Court of Chancery, of the 22d of February 1716, be, and is hereby, affirmed.

Message to H.C. with a Bill.

A Message from the House of Commons, by Mr. Craggs 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.

Ordered, That the said Bill be read the First Time To-morrow; and the Lords to be summoned.

Adjourn.

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