House of Lords Journal Volume 20: 10 May 1717

Die Veneris, 10 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highgate, &c. Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Highways from several Places therein mentioned, leading towards Highgate Gatehouse and Hampsted, in the County of Midd'x; and for electing Trustees, for keeping up a sufficient Number, for the repairing the Highways upon the Roads from Highgate Gatehouse to Barnet Blockhouse; and also the Highways between Kilburn Bridge and Sparrows Hern, in the County of Hertford."

Ordered, That the said Bill be read a Second Time on Tuesday next.

Ash, Petitions for Writings to be produced at the Trial below.

A Petition of Mary Ash Widow, the Respondent to the Appeal of Simeon Ash Clerk and others, heard in this House the Seventh and Eighth Days of March last, was presented to the House, and read; praying, "That a Copy of a Verdict obtained by the Appellants before the Lord Trevor; and also a Bond and a Release signed by the Plaintiff, by the Name of Mary Goody, and also before this House (fn. 1), admitted to have in their Custody a Receipt signed by the Respondent, by the Name of Mary Ash, for a Legacy left unto her by her Daughter, produced at the Hearing of the said Appeal, may be delivered over to the Appellants Clerk in Chancery, and be produced at the Trial directed by this House:"

And the Clerks being thereupon inquired of, "If those Papers were in their Custody?"

They informed the House, "That no Paper used at the said Hearing was remaining now in their Custody."

And the Order and Judgement upon hearing the said Appeal being read:

Ordered, That the said Petition do lie on the Table.

Mason versus Lake:

After hearing Counsel, upon the Petition and Appeal of Charles Mason Esquire; complaining of a Decree of the Court of Chancery, made the Ninth Day of December 1713, in certain Causes, wherein Sir Bybye Lake Baronet, Son, Heir, and Executor, of Thomas Lake Esquire, deceased, by Bill of Revivor, was Plaintiff, and the Appellant, Joseph Newell, George Newell, Thomas Paine, Mary Tigh, and others, were Defendants; and the Appellant Plaintiff, and the said Sir Bybye Lake and others Defendants; and praying, "That the said Decree, so far as the same extends to charge the Five Thousand Pounds Principal Money, and the Interest thereof, upon the Appellant's Estate, or to sell the same for Payment and Satisfaction thereof, may be reversed, and the Appellant relieved:" As also upon the several Answers of the said Sir Bybye Lake, Charles Turner Gentleman, Joseph Newell, George Newell, and His Majesty's Attorney General, put in to the said Appeal; and due Consideration had of what was offered thereupon:

Judgement reversed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will reserve giving Judgement on the Point in Question, till the Accompt be finished, as directed by the Court of Chancery, between the Appellant and the Newells; with this Direction, That the Master in Chancery do also make a Rest, how the Accompt stood on the Thirteenth of September 1707; and that the said Sir Bybye Lake have Notice given him, from Time to Time, of the Attendances before the Master; and may contravert the same, as he shall be advised; and that either Side be at Liberty to apply to the Court of Chancery for any further Direction, for the better taking of such Accompt, as shall be just; and that, after such Accompt taken, and Report made and confirmed, the Parties are to resort back, for the further Order of this House.

E. of Exeter & al. Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of John Earl of Exeter and others was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Report.

Which Bill was read the First Time, intituled as follows;

"An Act for confirming a Partition lately made of the Estate of Sir John Brownlow Baronet, deceased, in the Counties of Lincoln, York, Midd'x, and Hertford, remaining unsold, and Articles of Agreement relating thereunto; and also the several Conveyances made of the divided Parts."

Elderton's Petition, referred to Judges.

Upon reading the Petition of Edward Elderton and Elizabeth his Wife (who was Daughter and Heir of Henry Uthwait, deceased), on Behalf of themselves and their Nine Children; praying, "That Leave may be given to bring in a Bill, for vesting the Manor of Bromwells, alias Brometts, alias Bromley Hill, in StoutonHadham, alias Much Haddam, in the County of Hertford, in Trustees, to be sold; and for laying out the Money, according to a Deed in the Petition mentioned dated the Twenty-ninth of November 1712:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Powys and Mr. Justice Blencowe; who are forthwith to summon all Parties concerned in the said 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.

Kirwan versus French:

Whereas the First Day of this Instant May was appointed, for hearing the Cause wherein John Kirwan Esquire, commonly called Sir John Kirwan, and Simon Kirwan Esquire, are Appellants, and Christopher French Gentleman is Respondent:

The House being this Day moved, "That another Day may be appointed for that Purpose, in regard the late Adjournment prevented the Hearing at the Time appointed:"

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twentyfirst Day of this Instant May, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, undecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.