House of Lords Journal Volume 23: April 1727, 1-10

April 1726, 1-10

DIE Lunæ, 10^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Roberts versus Middleton.

This Day the Answer of Philip Middleton Merchant, to the Appeal of John Roberts Esquire, was brought in.

L. Southwell's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas now Lord Southwell and his Trustees to raise Money, by making Leases for Lives, renewable for ever, and Fee Farms, and by Sale or Mortgage of certain Lands and Hereditaments, in the County of Limerick, in the Kingdom of Ireland, for the Payment of Debts and Legacies, and other Purposes therein mentioned," was committed. "That they had considered the said Bill; and gone through the same, with some Amendments."

Which, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Higgins to enter into Recognizance for E. of Granard.

The House being moved, "That Charles Higgins Esquire may be permitted to enter into a Recognizance for Arthur Earl of Granard, on account of his Appeal depending in this House, to which George Lord Forbes and others are Respondents; the Appellant residing in Ireland:"

It is Ordered, That the said Charles Higgins may enter into a Recognizance for the said Appellant, as desired.

Edwards to enter into Recognizance for Browne.

The House being also moved, "That Richard Edwards Gentleman may be permitted to enter into a Recognizance for Issidor Browne Gentleman, on ac count of his Appeal depending in this House, to which Dennis Daly Esquire and Francis Lord Athunry are Respondents; for a Reason of the same Nature:"

It is Ordered, That the said Richard Edwards may enter into a Recognizance for the said Appellant, as desired.

Ievers versus Barker.

Upon reading the Petition and Appeal of Thomas Ievers of Corcamore in the Kingdom of Ireland Esquire; complaining of an Order, Report, and Proceedings, of the Court of Chancery in Ireland, subsequent to the Order of this House of the Eighteenth of December 1724, upon the Appeal of Sir William Barker Baronet; and praying, "That an Allowance may be made the Petitioner, for the Monies really paid by him pursuant to several Orders of Court; and that the Petitioner may be allowed Interest for such Sums so paid before he was let into the Possession of the Premises, and not be charged with Interest for the Surplus of the said Purchase-money during the Life of the late Sir William Barker:"

It is Ordered, That the said Sir William Barker may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Fifteenth Day of May next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Byrne versus Morley & al.

The House was informed, "That a Person attended at the Door, in order to deliver in certain Papers and Proceedings, in the Cause wherein Gerald Byrne Gentleman is Appellant, and Jane Morley and others are Respondents."

Pleadings proved.

And thereupon Mr. James Reyley being called in, and sworn; he delivered in, at the Bar, the said Papers and Proceedings; and attested, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Dunne's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Daniel Dunne Esquire, by Sale or Mortgage of Part of his Estate, to raise Money, to pay off and discharge the Portions of his Brothers and Sister, and a Mortgage of One Thousand Eight Hundred Seventy-seven Pounds affecting the same."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Burroughs:

To carry down the said Bill, and desire their Concurrence thereunto.

Haddenham Level, to dram, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the effectual Draining and Preservation of Haddenham Levell, in the Isle of Ely."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

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.

Hucklecott Common Fields, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing the Common Fields in Hucklecott, in the Parish of Churchdowne, in the County of Gloucester."

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

Their Lordships, or any Five of them; to meet also on Wednesday next, at the same Place; and to adjourn as they please.

Sainthill Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling certain Lands and Tenements of Edward Sainthill the Elder Esquire, therein mentioned, pursuant to an Agreement made on the Marriage of Edward Sainthill his Son with Frances the Daughter of Sir Walter Yonge Baronet."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Burroughs:

To carry down the said Bill, and desire their Concurrence thereunto.

Transportation of Felons, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enforce the Laws for the Transportation of Felons, and for preventing their Return to Great Britain; and for carrying on Criminal Prosecutions at the Expence of the County where the Offence is committed."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday the Eighteenth Day of this Instant April; and that the Judges have Copies thereof in the mean Time, and do then attend; and the Lords to be summoned.

Wall's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Wall, for Payment of Debts; and for settling other Part of his Estate, for the Education and Maintenance of his only Son."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Burroughs:

To carry down the said Bill, and desire their Concurrence thereunto.

Roads from Wigan to Preston, to repair, Bill.

A Message was brought from the House of Commons, by Mr. Brereton and others:

With a Bill, intituled, "An Act for repairing, widening, and amending, the Roads from Wigan to Preston, in the County of Lancaster;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. Forbes versus Maguire & al.

The House was informed, "That a Person attended at the Door, and desired to deliver in several Pleadings and Papers, in the Cause wherein George Lord Forbes is Appellant, and Bridget Maguire and others are Respondents."

Pleadings proved.

And thereupon Ross Fox Esquire being called in, and sworn; he delivered in, at the Bar, the said Pleadings and Papers; and attested, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Byrne versus Morley & al.:

The House was likewise informed, "That one Richard Henshaw attended, and desired also to prove certain Papers and Proceedings, in the Cause wherein Gerald Byrne Gentleman is Appellant, and Jane Morley and others are Respondents."

Papers proved.

And being called in, and sworn; he delivered in, at the Bar, the said Papers and Proceedings; and attested, The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Attorney General, at the Relation of Archbishop Cashell & al. versus The King's Serjeant.

Counsel were called in, to be heard, upon the Petition and Appeal of His Majesty's Attorney General, at the Relation of William Lord Archbishop of Cashell and others; complaining of an Order of the Court of Chancery, of the Thirteenth Day of December last, whereby the said Court disallowed full Interest for Money paid into the Hands of Mr. Godfrey, One of the late Masters of the said Court: As also upon the Answer of Sir John Chesshyre, His Majesty's Serjeant at Law, put in to the said Appeal.

And the Appellant's Counsel having been fully heard;

And the Counsel for the Respondent in Part:

It was proposed, "To examine the said Mr. Godsrey, upon Oath, at the Bar, touching the Matters in Question in this Cause."

But the said Mr. Godfrey not attending as ordered; he being, as was alledged, ill in the Custody of the Warden of The Fleet:

The Counsel were directed to withdraw.

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock; and that the Warden of The Fleet do then peremptorily attend, and bring with him the said Mr. Godfrey; and that the other Persons ordered before to attend do then likewife attend.

Adjourn.

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