House of Lords Journal Volume 20: 25 June 1715

DIE Sabbati, 25 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

B.sill versus Acheson:

After hearing Counsel, upon the Petition and Appeal of Martin Caulfield Basill Esquire, from a Decree of the Court of Exchequer in Ireland, pronounced the Third Day of May 1714, in a Cause wherein Sir Arthur Acheson (Son and Heir of Sir Nicholas Acheson Baronet, deceased,) was Complainant, and the Appellant Defendant; praying, "That the said Decree may be reversed, or otherwise varied and rectified, as to this House shall seem meet:" As also upon the Answer of the said Sir Arthur. Acheson put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree complained of in the said Appeal as decrees a Redemption of the Manor of Carrodownan, with the Appurtenances thereunto belonging, in the County of Cavan, in the Kingdom of Ireland, mortgaged to Martin Basill Esquire, the Appellant's Kinsman, by Deed dated the 3d Day of August 1637, be, and the same is hereby, affirmed: And it is further Ordered and Adjudged, That the said Decree be so far varied, as that an Accompt be taken to see, what is due to the Appellant for Principal and Interest from the Time of making the said Mortgage; in which Accompt such Abatements or Allowances are to be made, of and for Interest, as are usually done in Ireland, on account of Rebellions or other Public Calamities happening to Estates in Mortgage; and likewise, that the Appellant do accompt for the Profits of the said Estate and Premises as have been received by him, or any under whom he claims, or which might have been received without his or their wilful Defaults; and in taking the said Accompt, all just Allowances are to be made: And further, that the Consideration of the Costs of Suit in the said Court of Exchequer be reserved till the said Accompt shall be taken, and then to be given by the said Court according to the Event of the said Accompt.

E. of Clanriccard versus Burke.

Upon reading the Petition and Appeal of John Earl of Clanriccard, complaining of a Decree made in His Majesty's High Court of Chancery in Ireland, on the Twenty-seventh Day of November 1712, in certain Causes, wherein Gerald Burke Esquire was Plaintiff, and the Petitioner and other Defendants; and the Petitioner Plaintiff, and the said Gerald Burke and others Defendants; and praying, "That the said Decree may be resersed; and that the said Gerald Burks be ordered to answer the said Appeal; and that the Service of such Order on his Six Clerk in the said Court may be deemed good Service:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Gerald Burke may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Twenty-third Day of July next.

Paterson's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for relieving William Paterson Esquire, out of the Equivalent-money, for what is due to him."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Wednesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Touchet versus Countess of Costlehaven & al. H. aring appointed.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Touchet Esquire is Appellant, and Elizabeth Countess Dowager of Castlehaven and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Thirteenth Day of July next, at Eleven a Clock.

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

Adjours.

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