House of Lords Journal Volume 27: April 1749, 1-10

April 1749, 1-10

DIE Martis, 4^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Countess of Kildare against Burton & al.

The Answer of Benjamin Burton Esquire and others, to the Appeal of the Countess of Kildare and others, was brought in.

Hawksworth's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Walter Hawksworth Esquire, in the County of York, in him and his Heirs, and for settling the Manor of Hawksworth, in the same County, in Lieu thereof, to the like Uses"

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

It was Resolved in the Affirmative.

Kempe's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Frederick Christopher Kempe"

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

It was Resolved in the Affirmative.

Messages to H C with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr Lane

To carry down the said Bills, and desire their Concurrence to them.

Hereford Road, Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing the several Roads leading into the City of Hereford," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Bp of London's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Bishop of London, or his Successors, to demise or sell the Capital Messuage or Mansion house called London House, for the Benefit of the Bishopric of London."

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 Thursday next, at the usual Time and Place, and to adjourn as they please.

Rivers Avon and Froome Navigation preserving, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eleventh and Twelfth Years of the Reign of King William the Third, for the better preserving the Navigation of the Rivers Avon and Froome, and for cleansing, paving, and enlightening, the Streets of the City of Bristol, so far as the same Act relates to the paving and enlightening the said Streets, and for the regulating Hackney Coachmen, Halliers, Draymen, and Carters, and the Markets and Sellers of Hay and Straw, within the said City and Liberties"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place, and to adjourn as they please.

Spalding, &c Manor, Crown divesting of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for divesting the Crown of the Biversion in Fee Simple of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, and of and in a Piece or Parcel of Ground, in the Parish of Saint Martin in the Fields, in the County of Middlesex, and the Buildings thereon, expectant on certain Estates Tail, and for vesting the same in certain other Persons therein named, to the Intent the same may be barred, by proper Methods in Law, for the Purposes therein mentioned"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Then Lordships, or any Five of them, to meet on Friday next, at the usual Time and Place, and to adjourn as they please.

Ministers Widows in Scotland, Provision, Bill.

A Message was brought from the House of Commons, by His Majesty's Advocate for Scotland and others.

With a Bill, intituled, "An Act for explaining and amending an Act passed in the Seventeenth Year of His present Majesty's Reign, intituled, An Act for raising and establishing a Fund, for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of Saint Andrews, Glasgow, and Edmbugh," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bp of St Asaph to preach the 25th Instant.

Ordered, That the Lord Bishop of St Asaph be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Tuesday the 25th Day of this Instant April, being appointed, by His Majesty's Royal Proclamation, to be observed as a Day of Public Thanksgiving, for the Conclusion of a just and honourable Peace.

Williams & al Leave for a Bill to sell Lytton's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Lawrence Williams Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the and Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for disposing of Part of the Real Estate of William Robinson Lytton Esquire, deceased, directed by his Will to be sold, for raising Portions for his Daughters, in order to discharge Encumbrances affecting the same, and for other Purposes therein mentioned."

Maxwell against E Clanrickard.

Upon reading the Petition and Appeal of John Maxwell Esquire, complaining of a Decree of the Court of Chancery in Ireland, of the Second Day of August 1748, and also an Order subsequent thereto, of the 15th of December following, which, as alleged, was not drawn up, entered, and signed, till the 13th of February last, made on the Behalf of Smith Earl of Clanrickard, and praying, "That the same may be reversed or varied, and such Relief given the Appellant as to this House shall seem meet"

It is Ordered, That the said Earl of Clanrickard may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 9th Day of May next, and that Service of this Order on his Lordship's Six Clerk in the said Court be deemed good Service.

Bayly against Bayly & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Fleming Bayly Gentleman is Appellant, and John Bayly and Thomas Fleming Esquires are Respondents."

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Maxwell against L Clanrickard.

The House being informed, "That Mr Clancy attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein John Maxwell Esquire is Appellant, and the Earl of Clonrickard Respondent"

Pleadings proved.

He was called in, and delivered, at the Bar, the said Copies, and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Plunket against Wakeley & al.

The House being informed, "That Mr. Keighran attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein William Plunket Gentleman is Appellant, and Thomas Wakeley Esquire and others are Respondents"

Pleadings proved.

He was called in, and delivered, at the Bar, the said Copies, and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland'

And then he was directed to withdraw.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 5^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Campbell against Campbell.

The Answer of Alexander Campbell Esquire, to the Appeal of Margaret Compbell and others, was brought in.

Viscount Vane's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for raising Money upon the settled Estate of William Lord Viscount Vane, for the Payment of his Debts," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Hereford Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of his present Majesty, for reparing the several Roads leading into the City of Hereford"

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

It was Resolved in the Affirmative.

Message to H C that it the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr Edwards

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Princess of Wales's Answer to Congratulation.

The Marquis of Rockingham reported to the House, That he and the Lord Montfort had, pursuant to their Lordships Order of the 9th of March last, waited on her Royal Highness the Princess of Wales, to congratulate her on the Birth of a Princess, and that her Royal Highness was pleased to say, "She thanked the House, for this Mark of their Regard towards her."

Bp. of London's Bill King's Consent.

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act to enable the Bishop of London, or his Successors, to demise or sell the Capital Messuage, or Mansion-house, called London House, for the Benefit of the Bishopric of London," was graciously pleased to consent, so far as the Interest of the Crown is concerned, that then Lordships may proceed upon the said Bill as they shall think sit."

Countess of Kildare & al. against Burton & al.

After hearing Counsel in Part, upon the amended Petition and Appeal of Mary Countess of Kildare and others, complaining of a Decree of the Court of Chancery in Ireland, of the 10th Day of July 1746, and of the Affirmance thereof, the 11th of March following, to which Robert Burton Esquire and others are Respondents.

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Spalding Manor, &c Crown divesting of, Bill King's Consent.

The Lord Chancellor acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for divesting the Crown of the Reversion in Fee Simple of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, and of and in a Piece or Parcel of Ground, in the Parish of St. Martin in the Fields, in the County of Middlesex, and the Buildings thereon, expectant on certain Estates Tail, and for vesting the same in certain other Persons therein named, to the Intent the same may be barred, by proper Methods in Law, for the Purposes therein mentioned," was graciously pleased to consent to the said Bill, with respect to the Interest of the Crown therein"

E Peterborow's Bill: King's Consent.

His Lordship, in like Manner, declared His Majesty's Consent to the Bill, intituled, "An Act to enable Charles Earl of Peterborow, or the other Heirs of Entail, to sell Lands in the Counties of Kincarden and Aberdeen, for Payment of Debts charged thereupon, and other Purposes therein mentioned."

Adjourn.

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

DIE Jovis, 6^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bp of London's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to ena ble the Bishop of London, or his Successors, to demise or sell the Capital Messuage, or Mansion-house, called London House, for the Benefit of the Bishopric of London," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Rivers Avon and Froome Navigation Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act passed in the Eleventh and Twelfth Years of the Reign of King William the Third, for the better preserving the Navigation of the Rivers Avon and Froome, and for cleansing, paving, and enlightening the Streets of the City of Bristol, so far as the same Act relates to the paving and enlightening, the said Streets, and for the regulating Hackney Coachmen, Halliers, Draymen, and Carters, and the Markets and Sellers of Hay and Straw, within the said City and Liberties thereof," was committed.

Viscount Vane's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising Money upon the settled Estate of William Lord Viscount Vane," for the Payment of his Debts.

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 Holford and Mr Montagu

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

Ministers Widows in Scotland, Provision, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending an Act passed in the Seventeenth Year of His present Majesty's Reign, intituled, An Act for raising and establishing a Fund for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of Saint Andrews, Glasgow, and Edinburgh."

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 Tuesday next, at the usual Time and Place, and to adjourn as they please.

Williams & al Bill to sell Lytton's Estate.

Hodie 2^a vice lecta est Billa, intituled, "An Act for disposing of Part of the Real Estate of William Robinson Lytton Esquire, deceased, directed by his Will to be sold, for raising Portions for his Daughters, in order to discharge Encumbrances affecting the same, and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet on Friday the 21st Instant, at the usual Time and Place, and to adjourn as they please.

Watlington Common, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for enclosing and dividing certain Commons and Wastes, within the Manor and Parish of Watlington, in the County of Norfolk," was committed, which was appointed to meet this Day, be revived, and meet To-morrow.

Countess Kildare & al. against Burton & al.

After hearing Counsel further, in the Cause wherein Mary Countess of Kildare and others are Appellants, and Robert Burton Esquire and others Respondents.

It is Ordered, That the further Hearing of the said Cause be adjourned till To morrow, and that the same be proceeded on at One o'Clock.

Adjourn.

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

DIE Veneris, 7^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bp of London's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Bishop of London, or his Successors, to demise or sell the Capital Messuage, or Mansionhouse, called London House, for the Benefit of the Bishopric of London."

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

It was Resolved in the Affirmative.

Rivers Avon and Froome Navigation Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eleventh and Twelfth Years of the Reign of King William the Third, for the better preserving the Navigation of the Rivers Avon and Froome, and for cleansing, paving, and enlightening, the Streets of the City of Bristol, so far as the same Act relates to the paving and enlightening the said Streets, and for the regulating Hackney Coachmen, Halliers, Draymen, and Carters, and the Markets and Sellers of Hay and Straw, within the said City and Liberties thereof"

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Holford and Mr. Lane

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Watlington Common, Bill.

The Lord Viscount Townshend reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing certain Commons and Wastes, within the Manor and Parish of Watlington, in the County of Norfolk," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Spalding Manor, &c. Crown divesting of, Bill.

The Lord Willoughby of Parham made the like Report from the Lords Committees to whom the Bill, intituled, An Act for divesting the Crown of the Reversion in Fee Simple of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, and of and in a Piece or Parcel of Ground, in the Parish of Saint Marun in the Fields, in the County of Middlesex, and the Buildings thereon, expectant on certain Estates Tail, and for vesting the same in certain other Persons therein named, to the Intent the same may be baried, by proper Methods in Law, for the Purposes therein mentioned," was committed.

Glynn's Bill.

The same Lord made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of Nicholas Glynn Esquire, deceased, for discharging Encumbrances, and for other Purposes therein mentioned," was committed.

Ordered, That the said Bill be engrossed.

Smith & al. Leave for a Bill to sell Raymond's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Joseph Smith and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read;

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of John Raymond, a Bankrupt, and for applying Part of the Money arising by such Sale as Part of the said Bankrupt's Estate, liable to Distribution amongst his Creditors; and for laying out the Residue in the Purchase of another Estate, to be settled as therein is mentioned."

Countess Kildare & al. against Burton & al.

After hearing Counsel further, in the Cause wherein Mary Countess of Kildare and others are Appellants, and Robert Burton Esquire and others Respondents.

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Matty to enter into Recognizance for Maxwell.

The House being moved, "That Stephen Matty Gentleman may be permitted to enter into a Recognizance for John Maxwell Esquire, on account of his Appeal depending in this House, he being in Ireland"

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

Adjourn.

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

DIE Lunæ, 10^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E of Halifax takes the Oaths.

George Earl of Halifax took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, his Lordship having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Message from H. C. to return Dr Cotton's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estate of Nathaniel Cotton Doctor in Physic, lying in the County of Hertford, in Trustees, in Trust to sell the same, and to lay out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement," and to acquaint this House, that they have agreed to the same, without any Amendment.

America, United Brethren settling, Bill.

A Message was brought from the House of Commons, by Lieutenant General Oglethorpe and others.

With a Bill, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Gwyn, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Francis Gwyn Esquire and his Wife, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Francis Gwyn Esquire, in the County of Devon, for raising Money, to discharge his Sisters Portions, and other Encumbrances affecting the same, and for other Purposes therein mentioned."

Glynn's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Nicholas Glynn Esquire, deceased, for discharging Encumbrances, and for other Purposes therein mentioned."

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 Bennett and Mr. Lane

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

Spalding Manor, &c. Crown divesting of, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for divesting the Crown of the Reversion in Fee Simple of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, and of and in a Piece or Parcel of Ground, in the Parish of Saint Martin in the Fields, in the County of Middlesex, and the Buildings thereon, expectant on certain Estates Tail, and for vesting the same in certain other Persons therein named, to the Intent the same may be barred, by proper Methods in Law, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Watlington Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing certain Commons and Wastes, within the Manor and Parish of Watlington, in the County of Norfolk"

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers.

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Smith & al. to sell Ravmond's Estate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of John Raymond a Bankrupt, and for applying Part of the Money arising by such Sale as Part of the said Bankrupt's Estate, liable to Distribution amongst his Creditors, and for laying out the Residue in the Purchase of another Estate, to be settled as therein is mentioned."

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 Tuesday the 25th Instant, at the usual Time and Place, and to adjourn as they please.

Countess Kildare & al. against Burton & al.

After hearing Counsel, as well on Wednesday, Thursday, and Friday last, as this Day, upon the amended Petition and Appeal of the Right Honourable Mary Countess of Kildare and Robert Downes Esquire, Executors of Robert late Earl of Kildare, Daniel Kelly Gentleman, Robert Roberts Esquire, Charles Savage, Richard Morgan Esquire, and Elizabeth Boulter Widow, surviving Executors of Hugh late Lord Primate of all Ireland, deceased, Stephen Fitzgerald and Thomas Fitzgerald, Executors of Richard Earl of Covan, deceased, Martha Purefoy Widow, William Purefoy Esquire, and Michael Traverse Esquire, Executors of William Purefoy Esquire, on the Behalf of themselves and the several Creditors of the several Banks lately kept by Samuel Burton and Daniel Falkiner, by Benjamin Burton, Samuel Burton, and Daniel Falkiner, by Benjamin Burton and Samuel Burton, and by Benjamin Burton and Francis Harrison, complaining of a Decree made by the Lord Chancellor of Ireland, the 10th Day of July, 1746, and of the Affirmance thereof by his Lordship, the 11th Day of March next following, and praying, That the same might be reversed, and the Appellants relieved in such Manner as to this House in their great Wisdom should seem meet" As also upon the several Answer of Robert Burton of the City of Dublin in the Kingdom of Ireland Esquire, Charles Burton of the said City Merchant, as well for himself as Administrator with the Will annexed of Jane Burton Spinster, deceased, and Francis Burton, and likewise the Answer of the Right Honourable Henry Boyle Esquire Speaker of the House of Commons, the Right Honourable Thomas Marlay Esquire Chief Justice of His Majesty's Court of King's Bench in Ireland, the Right Honourable Henry Singleton Esquire Chief Justice of His Majesty's Court of Common Pleas in the said Kingdom, the Right Honourable John Bowes Esquire Lord Chief Baron of His Majesty's Court of Exchequer in the said Kingdom, the Honourable Michael Ward Esquire One of the Justices of His Majesty's Court of King's Bench in the said Kingdom, Eaton Stannard Esquire Recorder of the City of Dublin, William Vesey Esquire late One of the Masters of the Court of Chancery of the said Kingdom, and Boleyn Whitney Esquire One of His Majesty's Counsel Learned in the Law in the said Kingdom, and also the Answer of Daniel Falkiner Esquire, as likewise the several Answer of Benjamin Burton Esquire Son and Heir and One of the Executors named in the Will of Samuel Burton Esquire, deceased, Francis Bindon and John Hardy Esquires, Two other of the Fxecutors of the said Samuel Burton, put in to the said Appeal, and due Consideration had of what was offered on all Sides thereupon.

Judgement.

It is Ordered and Adjudged, by the Lords Spritual and Temporal in Parliament assembled, That all Decrees and Determinations made by the Trustees within the respective Times limited, and pursuant to the Powers given by the Act of Parliament made in Ireland in the Seventh Year of His Majesty's Reign, and by the other Act of Parliament made in that Kingdom in the 9th Year of His Majesty's Reign, or either of them, not reversed or varied by the Lord Chancellor of Ireland, and all Decrees and Determinations made by the Lord Chancellor of Ireland within the respective Times limited, and pursuant to the Powers given by the said Acts, or either of them, shall be taken to be final and conclusive, and that all Accomp's, taken and stated by, or by the Authority of, the said Trustees, pursuant to the Powers given by the said Acts, or either of them respectively, shall stand, and not be unraveled, and that, as to the Examination upon Interrogatories directed by the said Decree, and the Production of Deeds, Papers, Evidences, and Books of Accompt, thereby ordered, the same be varied in Manner following, (videlicet,) "That the Register officers and Agents of the Trustees be examined upon Interrogatories, as to any of the Matters in Question; and do produce before the Master all Deeds, Papers, Books of Accompt, Evidences, and Writings, relating to any of the Matters in Question, which are in the Custody or Power of the said Trustees, their Register-officers, or Agents, or any of them, as the Master shall think fit, and that the said Trustees, or any of them, shall not be compellable to be examined upon Interiogatories, or personally to make any such Production before the said Master, without the special Order of the Court of Chancery in Ireland for that Purpose, to which End any of the Parties are to be at Liberty to apply to the said Court, from Time to Time, as Occasion shall require" And it is also Ordered and Adjudged, That the said Decree and Affirmance thereof, with this Addition, be, and the same is hereby, affirmed.

Adjourn.

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