House of Lords Journal Volume 20: 27 May 1715

DIE Veneris, 27 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dyke & al. versus Bp. Bath & Wells:

After hearing Counsel, upon the Petition and Appeal of Thomas Dyke Esquire, Gustavus Venner Gentleman, Robert Kerslake Gentleman, William Manley, Thomas Southwood, and Richard Blackmore, complaining of a Decree of the Court of Exchequer, made the Eleventh Day of February 1713, in certain Causes, wherein George Lord Bishop of Bath & Wells was Complainant, and the Petitioners Dyke, Venner, and Kerslake, Lessees of the Manor of Buckland, alias Bockland, in the County of Somerset, in Trust for the other Petitioners, who are Copyholders of the said Manor, were Defendants; and wherein all the Petitioners, on Behalf of themselves and the rest of the Copyholders of the said Manor, were Complainants, and the said Lord Bishop Defendant; and praying, "That the said Decree may be reversed, and that the Petitioners may have such Relief as to this House shall seem meet:" As also upon the Answer of the said Lord Bishop of Bath and Wells put in to the said Appeal; and due Consideration of what was offered in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree therein complained of be, and is hereby, affirmed.

Morison versus Nisbett.

Whereas this Day was appointed, for hearing the Cause wherein William Morison Esquire, of Preston Grange, is Appellant, and William Nisbett, of Dirlton, Esquire, Respondent:

The House being informed, "That the said Parties are treating of an Agreement, and therefore desire the hearing the Cause may be deferred for some Time:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing of the said Cause be adjourned till Monday the Twenty-seventh Day of June next, at Eleven a Clock.

Hamerton's Pet. referred to Judges.

Upon reading the Petition of John Hamerton, Son and Heir of Mathew Hamerton Gentleman, deceased; praying Leave to bring in a Bill, for the Sale or Mortgaging of Part of his Estate, in the Petition mentioned, for Payment of his Debts, and other Purposes therein expressed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be referred to the Consideration of 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.

Hoskyn's Pet. referred to Judges.

Upon reading the Petition of Sir Hungerford Hoskins Baronet; praying Leave to bring in a Bill, to enable him to limit a Rent-charge, not exceeding Six Hundred Pounds a Year, out of the Real Estate in the Petition mentioned (subject as therein is expressed), for a Jointure for such Wife as the Petitioner shall happen to marry:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be referred to the Consideration of Mr. Baron Bury and Mr. Baron Price; 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.

Sir Arthur Acheson versus Basill, for a Decree to be made up.

Upon reading the Petition of Sir Arthur Acheson Baronet; setting forth, "That Martin Caulfeild Basill Esquire, on the Ninth of June last, lodged his Appeal in this House, from a Decree of the Court of Exchequer in Ireland, to which the Petitioner answered on the Ninth of July following; and soon after the Parliament was prorogued; and no Application has been made by the Appellant, to the Petitioner's Knowledge, to the proper Officer, to make up the said Decree; nor has the Appellant ever since stirred in his said Appeal, till the Twenty-ninth of April last; and then, without any Notice to the Petitioner, obtained an Order, that the proper Officer of the said Court should settle and sign the said Decretal Order, but no Time is fixed by this House for procuring the same; and the Petitioner has Reason to apprehend the Appellant (who is in Possession of the Lands in Question) intends to delay the hearing the said Appeal this Session; and praying, that the proper Officer may be required, by a certain Day, to settle and sign the said Decree; and that a Day may be appointed for hearing the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Barons of the said Court of Exchequer do cause the proper Officer to draw up the said Decree ex Parte, within Six Days after Notice of this Order, unless the Appellant bring back the Copy thereof, and join in passing it before that Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Dominicum, vicesimum nonum diem instantis Maii, hora nona Auroræ, Dominis sic decernentibus.