House of Lords Journal Volume 19: 12 June 1713

DIE Veneris, 12 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Customs of Goods, and Scheme of Trade, in 1674 and 1676, to be delivered.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of the Customs do lay before this House the Estimate of the Customs of Goods, in the Year 1676, laid before the Council pursuant to an Order of Council, and intended to be prohibited by a Bill then depending in this House; and likewise the Entry in the Custom house Books of the Scheme of Trade between England and France, in the Year 1674.

L. Blantyre versus Currie.

The House being moved, "That a Day may be appointed, for hearing the Appeal wherein the Lord Blantyre and George Seaton are Appellants, and John Currie is Respondent:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twenty-third Day of this Instant June, at Eleven a Clock.

Eustace versus Keightley & al.

The House being moved, "That a Day may be appointed, for hearing the Appeal wherein Dame Margaret Eustace is Appellant, and Thomas Keightley and others are Respondents:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Twenty-sixth Day of this Instant June, at Eleven a Clock.

L. Ormstoun versus Hamilton:

The House (according to Order) resumed the adjourned Debate Yesterday, after hearing Counsel upon the Petition and Appeal of Adam Cockburne Lord Ormston and Dame Ann his Wife, from several Decrees, Sentences, and Interlocutory Orders, of the Lords of Council and Session in Scotland, of the Fourth and Three and Twentieth of July last, made on the Behalf of John Hamilton, of Bangour, an Infant; and praying, That the said several Decrees, Sentences, and Interlocutory Orders, may be reversed:" As also upon the Answer of the said John Hamilton and Margaret Hamilton his Guardian put in thereunto; and due Consideration of what was offered thereupon:

Judgement, in Part, reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, as to such Part of the said Decree, or Interlocutory Sentence, of the Three and Twentieth of July, complained of in the said Appeal, whereby the said Lords of Council and Session found, "That, notwithstanding the Decree and Judgement of this House, it was still competent to the Respondent to propose Prescription;" and found, That the Accompts of the Funeral Charges, paid without the Three Years, were prescribed where the Appellant Ann was not Contractor; but where she was Contractor, were not prescribed;" that the same shall be, and is hereby, so far affirmed: But as to such Part of the said Decree, or Interlocutory Sentence, of the said Three and Twentieth of July, complained of in the said Appeal, whereby the said Lords of Session found the Expences of Confirmation (or Administration), not being transmitted by the Assignment to the Appellant Ann, did not exhaust the Executrie or Personal Estate; it is further Ordered and Adjudged, That the same shall be, and is hereby, so far reversed: And it is further Ordered and Adjudged, That the ordinary and extraordinary Costs and Expences, touching the Administration or Confirmation of the Testament of the Deceased, shall be taken as remaining due upon the Bond bearing Date the Fifth Day of March One Thousand Seven Hundred and Three, and be computed, with Interest, from such Time as the Money secured by the said Bond became payable until the Payment thereof, and stand as a Charge upon the Hereditable Estate: And it is further Ordered and Adjudged, That the said Decree, Order, or Interlocutory Sentence, of the Fourth of July last, whereby the Lords of Council and Session did find, "That the said Bond of Seven Thousand Pounds, granted to the Appellant Ann by her late Husband, and the Estate for Life in the House granted also to her by her said late Husband, could not subsist as distinct separate Rights; and that she could not claim the Household Goods by virtue of her Contract of Marriage, without deducting the Value thereof from the said Bond, and therefore sustained the Reason of the Reduction of the Decree mentioned in the said Appeal;" as to those Two Articles, shall be, and the same is hereby, reversed.

Potts & al. versus Everard & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Peter Potts and Thomas Bendlowes Esquire are Appellants, and Mary Everard Widow and Thomas Collingwood and Mary his Wife Respondents:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-fourth Day of this Instant June, at Eleven a Clock.

Elections in Scotland, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating the Elections of Members to serve in Parliament for that Part of Great Britain called Scotland."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

County Elections, to prevent fraudulent Conveyances for multiplying Votes at, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain a Clause in an Act of the last Session of Parliament, intituled, An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for the electing Knights of Shires to serve in Parliament, as far as the same relates to the ascertaining the Value of Freeholds of Forty Shillings per Annum."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, decimum tertium diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.