House of Lords Journal Volume 20: 20 June 1715

DIE Lunæ, 20 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Basill versus Acheson.

Upon reading the Petition of Martin Caulfield Basill Esquire; praying, "That the Hearing of his Appeal, which is appointed on Wednesday next, may be put off for a Week, his Agent being arrived but lately from Ireland with his Papers:" And a Person being called in, and attesting, upon Oath, at the Bar, "That Notice had been given to the other Side, pursuant to the Standing Order, of applying to this House for putting off the said Hearing:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday next, at Eleven a Clock.

Pollard versus Nugent

The House being moved, "That a Day may be appointed, for hearing the Appeal of Walter Pollard Esquire, brought into this House the Eighteenth of June 1714, to which Thomas Nugent and his Wife are Respondents:"

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

Foreigners, Act concerning, Bill to explain.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain the Act made in the Twelfth Year of the Reign of King William the Third, intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; and that all the Judges do then attend.

Yule Vacance; Scotland, Bill.

A Message was brought from the House of Commons, by Sir David Dalrymple and others:

With a Bill, intituled, "An Act for shortening the Time of the Yule Vacance, in that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.

Daly & Ux. versus French & al.;

After hearing Counsel, upon the Petition and Appeal of Denis Daly Junior Esquire and Ellin his Wife, from a Decree made in the Court of Chancery in Ireland, the 26th Day of January 1713, in a Cause wherein Mary French was Complainant, and the Petitioners and others Defendants, and from all Orders made in Pursuance or Confirmation thereof; praying, "That the same may be reversed:" As also upon the Answer of the said Mary French, and the Answers of Thomas Martin Esquire Doctor in Physic, Patrick Bodkin, and Michael Lynch, Three of the surviving Executors of George French Esquire deceased, put in to the said Appeal; and upon reading an Order of this House, made the 25th Day of May last, appointing a Day for hearing the said Appeal, and ordering, "That if Mary Lynch, who was also Executrix of the last Will of the said George French, should not, before that Time, put in her Answer to the said Appeal without further Notice, that then the said Cause should be heard, as against her, ex Parte;" and due Consideration had of what was offered in this Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree complained of in the said Appeal be reversed: And forasmuch as the Personal Estate and the Mesne Profits of the Real Estate of the said Testator George French were, by his last Will, made subject in the First Place to the Payment of his Debts, and the Portion of Five Hundred Pounds thereby given to the Respondent Mary French was not payable thereby until the Debts of the said Testator should be first satisfied; it is therefore Ordered and Adjudged, That the said Respondents the Executors, and also the said Mary Lynch the Executrix, do forthwith accompt, upon Oath, for the Personal Estate, and also for the Rents and Profits of the said Real Estate of the said Testator, come to their or any of their Hands, or to the Hands of any other Person by their Order, or for their Use; and that, for the better taking such Accompts, the said Executors do produce, upon Oath, all Books and Papers of Accompt in their Custody or Power, relating to the said Personal Estate, and to the Rents and Profits of the said Real Estate, and be examined on Interrogatories; and that the said Appellants do also accompt, upon Oath, for the Rents and Profits of the said Real Estate, which the said Appellants, or either of them, or Denis Daly the Elder, Father of the said Appellant Denis Daly, have respectively received, or might have received, without their respective wilful Defaults; and do produce, upon Oath, all Books and Papers of Accompt relating to such Receipts of the said Rents and Profits, and be also examined on Interrogatories touching the same; and that all just Allowances be made on the several Accompts, particularly to the Respondent Mary Lynch such Part of the Profits as she is entitled unto in Law or Equity in respect of her Dower; but the Sum of One Thousand Pounds only, Part of the Sum of One Thousand Three Hundred Fifty Pounds agreed by the said Executors to be paid for the Portion of Anne the Eldest Daughter of the said Testator, when the same shall be paid, is to be allowed as well paid by the said Executors for the Portion of the said Anne: And it is further Ordered, That an Accompt be also taken of what Debts owing by the said Testator at the Time of his Decease, and of what Legacies given by the said Testator, remain yet unsatisfied; and if any Question arise concerning the Reality of any Debt remaining yet unsatisfied, the said Respondent Mary French, as well as the said Appellant, is at Liberty to examine the Creditor demanding the same, on Interrogatories: And it is further Ordered and Adjudged, That, from the End of Four Years next after such Time as the said Anne attained her Age of Sixteen Years, within which Time at the farthest the said Testator supposed and intended that all his Debts and Legacies, and the Portions given to his Children, might and should be paid, the said Respondent Mary French be allowed Forty Pounds per Annum, out of the Profits of the said Real Estate, for her Maintenance until her Marriage; and that the Arrears of the said Forty Pounds per Annum, and the growing Payments thereof, stand charged on the said Real Estate until Satisfaction thereof, and after Satisfaction of the Debts remaining yet unsatisfied be forthwith paid; and that, upon the Marriage of the said Respondent, her said Portion of Five-Hundred Pounds, with Interest for the same from the Time of her Marriage until the Payment thereof, be paid out of the said Real Estate, the Debts of the said Testator being nevertheless first paid and satisfied as aforesaid, according to his Will: And it is further Ordered, That the Respondent Mary French do also accompt, upon Oath, for what she has received towards her Maintenance, out of the Rents of Ballynecarragh, or otherwise, towards Satisfaction of the Interest of her said Portion; and that all just Allowances be made to her on the said Accompt; and that what she has clearly received out of the said Rents, or for Interest as aforesaid, be discounted out of the Arrears of Maintenance hereby adjudged to her; and that the said Respondent Mary French shall have her Costs of Suit in the said Court of Chancery in Ireland, as well in respect of all Proceedings already had in the said Court, as also on the several Accompts hereby decreed, and such other Proceedings as shall be had thereon; and that such Costs be satisfied out of the Profits of the said Real Estate: And the said Court of Chancery is to give all necessary Directions for speeding the said Accompts, and carrying this Judgement into effectual Execution.

Standing Orders, Report about, to be considered.

Ordered, That this House will on Wednesday next, take into Consideration the Report from the Committee, to whom the Roll of Standing Orders of this House was referred.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.