House of Lords Journal Volume 18: 28 February 1708

DIE Sabbati, 28 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir H. Bond's Attainder, Bill to reverse:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Reversal of the Attainder of Sir Henry Bond Baronet, in Ireland."

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 Sir Robert Legard and Mr. Medlycott:

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

River Tone, Bill.

The Lord Sommers reported from the Lords Committees, the Bill, intituled, "An Act for the more effectual making and keeping the River Tone navigable, from Bridgewater to Taunton, in the County of Somerset," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual making and keeping the River Tone navigable, from Bridgewater to Taunton, in the County of Somerset."

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

It was Resolved in the Affirmative.

Ordered, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Bromley's Bill.

The Lord Sommers reported from the Lords Committees, to whom was referred the Consideration of the Bill, intituled, "An Act for making effectual the Provision intended by William Bromley, late of Holt Castle, in the County of Worcester, Esquire, for Dorothy Bromley his Youngest Daughter: That the Parties therein concerned have appeared, and made such Propositions, that the Committee think reasonable to proceed therein."

Ordered, That the Committee proceed on the said Bill on Monday next.

Lady Russell et al. Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom was referred the Petition of the Lady Leticia Russel and others; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, according to the Prayer of the said Petition.

Kelly et Ux. versus L. Bellew et è contra.

After hearing Counsel, upon the Petition and Appeal of Dennis Kelly, of Agbrane, in the County of Galloway, in the Kingdom of Ireland, Esquire, and Mary his Wife; praying, "That a Decree, or Decretal Order, made in the Court of Chancery in Ireland, the Thirtieth Day of November One Thousand Seven Hundred and Six, and the Decree of the Seven and Twentieth of February One Thousand Seven Hundred and Six, in a Cause there depending, between the Petitioners Plaintiffs, and the Right Honourable Richard Lord Bellew of the Kingdom of Ireland Defendant, may be rectified and amended in several Particulars therein mentioned:" As also upon the Answer of Richard Lord Bellew, of Duleek, in the Kingdom of Ireland, put in thereunto: As also upon the Cross Appeal of Richard Bellew, complaining of the said Decree; and also another Decree, of the Seven and Twentieth of February One Thousand Seven Hundred and Six, on the Behalf of Dennis Kelly and Mary his Wife; praying the Reversal of the said Decrees, and a new Trial: And also upon the Answer of Dennis Kelly and his Wife put in thereunto; and due Consideration of what was offered by Counsel thereupon:

Judgement.

It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decrees or Orders appealed against be, and are hereby, affirmed; with this Alteration only, that the Three Thousand Pounds, and Interest, thereby decreed to be paid, shall be raised by Sale or Mortgage of a sufficient Part of the Lands charged therewith by the said Decree: and to that End, the Master, to whom the Accompt stood referred by the Court of Chancery in Ireland, shall proceed to carry on the Accompt of Interest for the said Three Thousand Pounds, at the Rate of Five Pounds per Centum, carrying on Interest at the same Rate for the whole Sum stated by the Master's Report, from the Confirmation of the said Report; and likewise of what has been raised by, or is now in Arrear and may be received presently without Suit out of the Profits of, the said Estate, which, according to the Decree made in Ireland, ought to go towards the Payment of what is due to the Plaintiff Kelly; and when it shall appear, by the Accompt so taken and carried on, what the Monies already raised and liable as aforesaid shall fall short, to satisfy the Money so to be found due to the said Kelly, the said Master is to proceed to mortgage or sell so much and such Parts of the said Estates charged with the said Three Thousand Pounds, and Interest, as will be sufficient to satisfy and make good what the Sums so already raised shall fall short to satisfy the said Kelly's Demand; with this, that the said Master is to take Care, that a proportionable Part of the Moiety of the Estate in Fee, descended to the said Mary, One of the Coheirs at Law of Walter Bellew, be sold or mortgaged, with a proportionable Part of the entailed Estate, according to the several and respective Values of those Estates, in order to the Satisfaction abovementioned: And it is hereby declared, That the Lords think fit not to vary the Decree, as to the Allowance of Five Pounds per Centum only, for Interest, in respect of the Necessity of the Family, and other the Circumstances in the present Case, without Prejudice to the Rate of Interest, which by Law may, or now usually is, received in Ireland, in other Cases.

E. of Kilmarnock's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting several Houses, Lands, and Tenements, in the County of Dublin, in the Kingdom of Ireland, formerly the Estate of Thomas Boyd Esquire, in a Trustee, to be sold, for the Payment of the Debts of Lettice late Countess of Kilmarnock deceased, and for raising Portions for the Younger Children of the said Countess."

Message from H. C. to remind the Lords of the Cruizers and Convoys Bill.

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

To put this House in Mind of the Bill, intituled, "An Act for the better securing the Trade of this Kingdom, by Cruizers and Convoys."

Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.

Alibon et al. versus Attorney General.

It is Ordered, That this House will hear the Cause wherein Job Alibon and Neville Ridley are Appellants, and Her Majesty's Attorney General Respondent, on Wednesday the Third Day of March next, at Eleven a Clock.

Lister's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Swinden, and several Messuages, Lands, and Hereditaments, in the County of York, late Part of the Estate of Christopher Lister Esquire, and after of Thomas Lister Esquire, both deceased, for Payment of the Legacies and Debts of the said Christopher Lister, and a Mortgage of the said Thomas Lister's."

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

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

Discovery of Deaths of Persons pretended to be alive, Bill.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, An Act for the more effectual Discovery of the Death of Persons pretended to be alive, to the Prejudice of those who claim Estates after their Deaths," shall be read a Second Time on Wednesday next, after the Cause appointed to be heard that Day; and that the Judges then in Town do attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, videlicet, primum diem Martii jam. prox. futur. hora undecima Auroræ, Dominis sic decernentibus.

Martis, 27 die Aprilis.
Examined by us,
Stamford.
Orford.
Herbert.
Somers.
Halifax.