House of Lords Journal Volume 20: 9 December 1717

DIE Lunæ, 9 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Draycot versus Talbot.

Upon reading the Petition and Appeal of Edward Draycot Gentleman; complaining of a Decree of Dismission, made by the Court of Exchequer in Ireland, in a Cause wherein the Appellant was Plaintiff, and Draycot Talbot by his Guardian John Graham Alderman, John Wogan Esquire, Catherine Draycot Widow, John Shore and Mary his Wife, and Jane Talbot Spinster, were Defendants; and praying, "That the same may be reversed, or such Relief given the Petitioner as this House shall think fit:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the several Defendants abovenamed may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Thirteenth Day of January next; and that the Service of this Order on the Respondent's Attorney or Clerk in the said Court of Exchequer shall be good Service.

Blackwood versus Hamilton.

Upon reading the Petition and Appeal of James Blackwood, of London, Merchant; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twenty-sixth of June and Seventeenth of July 1713, and of so much of the Interlocutor of the Twelfth of February 1713 as takes away his Accumulations, Penalty, and Expences, made on the Behalf of John Hamilton, of Grange, Esquire; and praying, "That the said several Interlocutors may be reversed; and, in order thereunto, that the usual Summons may be awarded to the said John Hamilton, his Tutors and Curators, if any he hath; or otherwise to appoint him a Guardian, to answer the said Appeal:"

It is Ordered, That the said John Hamilton, his Tutors or Curators, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Sixth Day of January next.

L. Carteret's Petition referred to Judges.

Upon reading the Petition of John Lord Carteret and William Hillersdon Esquire; praying Leave to bring in a Bill, for the better Execution of an Agreement made between the Petitioners, for the Exchange of a Fee Farm Rent, in the Petition mentioned, belonging to the said Lord Carteret, for a Parcel of Wood-ground and Lands, in the Petition likewise mentioned, belonging to the said William Hillersdon; and for confirming the Purchases made thereof, notwithstanding the Limitations contained in their respective Marriage-settlements:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Dormer and Mr. Justice Eyre; 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.

Eversfield's Petition referred to Judges.

Upon reading the Petition of Charles Eversfield the Elder, of Donn, in the Parish of Horsham, in the County of Sussex, Esquire; praying Leave to bring in a Bill, for settling upon his Son Four Hundred and Fifty Pounds per Annum, in Possession, out of the Petitioner's Estate, settled on his Marriage; and for vesting in Trustees Four Hundred Pounds per Annum more of his said settled Estate, to be sold, for the Payment of his Debts; which the Creditors have agreed to accept of:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Blencowe 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.

Moor versus Mattocks.

Upon reading the Petition of Thomas Mattocks and others, Respondents to the Appeal of Boyl Moor and others; setting forth, amongst other Things, "That this House, on the Fourth of June last, upon hearing Counsel, did adjourn the Hearing of the Cause, upon the Appeal of the said Moor and others, to the Fifteenth of the same Month; and ordered, that the Appellants Agent should, within Three Weeks, give the Petitioners Agent Notice, in Writing, of the particular Exceptions and Branches of Exceptions they intended to insist and stand upon; and that the Appellants should pay the Petitioners Twenty Pounds, for the Costs of that Day's Attendance, in respect of the Generality and Irregularity of the said Appeal;" and praying, "In regard the Petitioners Agent is now returned again to attend the same, that a short Day may be appointed for hearing the said Cause:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Twentieth Day of this Instant December, at Eleven a Clock; and that the Petitioners do forthwith give Notice of this Order to the Appellants.

Birne & al. versus Hartpole.

Upon reading the Petition of Dame Anna Dorothea Birne Widow, and Sir John Birne Baronet, an Infant, by the said Dame Anna Dorothea his Guardian; setting forth, "That, the last Session of Parliament, a Day was appointed, for hearing the Cause wherein the Petitioners were Appellants, and George Hartpole, Joshua Wilcocks, William Wilcocks, and others, Respondents, which could not then be brought to a Hearing; and that the said Joshua Wilcocks is since dead, having first made his Will, and thereby constituted Joseph Fade and Abel Strettell Executors, and devised his Share of the Lands in Question to his Wife Elizabeth for her Life, and, after her Decease, to his Eldest Son and Heir Isachar Wilcocks and his Heirs for ever;" and praying, "That the said several Persons may answer the said Appeal; and that the same may stand revived against them:"

It is Ordered, That the said Joseph Fade, Abel Strettell, Elizabeth Wilcocks, and Isachar Wilcocks, do put in their Answer or respective Answers to the said Appeal, in Writing, within a Fortnight after the Service of this Order.

Adjourn.

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