House of Lords Journal Volume 19: 10 May 1714

DIE Lunæ, 10 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fourteen."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

And, after some Time spent therein, the House was resumed.

And the Earl of Yarmouth reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Oliver's Bill.

The Earl of Rochester reported from the Lords Committees, to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Joseph Olliver Gentleman, lying in the County of Devon and City of Exon, for Payment of his Debts; and for making Provision for Maintenance and Education of his Daughter," was committed: "That they had examined the Allegations thereof; 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.

Ld. Blantyre versus Currie.

Whereas, on the Ninth Day of April last, the Appeal of Walter late Lord Blantyre, deceased, brought into this House the last Session of Parliament, was ordered to be proceeded on, according to the Prayer of the Petition of his Brother and Heir Robert now Lord Blantyre; and John Currie, Respondent to the said Appeal, having put in his Answer; and the House being this Day moved, "That a Day may be appointed for Hearing:"

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-sixth Day of this Instant May, at Eleven a Clock.

Menzie's Appeal dismissed, no Recognizance.

Upon reading the Petition of Hellen, Barbara, and Jane Menzies, and Robert Muir Husband to the said Barbara; shewing, "That, on the Second Day of April last, Charles Menzies of Kinmundie lodged his Appeal in this House, from several Interlocutory Sentences of the Lords of Council and Session in Scotland; and although, by the Standing Rules of this House, all Appellants ought, within Eight Days after their Appeals are received, to enter into a Recognizance to Her Majesty, for Payment of such Costs as this House shall appoint, yet the said Appellant still neglects so to do; and praying that, in regard the said Appeal is brought only for Delay, the same may be dismissed, and the said Interlocutory Sentences affirmed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Charles Menzies be, and is hereby, dismissed this House.

E. of Bel'omont's Petition referred to Judges.

Upon reading the Petition of Richard Earl of Bellomont, in the Kingdom of Ireland; praying Leave to bring in a Bill, to make effectual an Award, dated the 16th of April 1713, made between the Petitioner and Anne now Countess Dowager of Bellomont; and to enable him to sell such Part of his Estate, as shall be sufficient to raise the several Sums directed to be paid by the said Award:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Baron Bury and Mr. Baron Price; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Wine Merchants Bonds, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of the Wine Merchants in Payment of their Bonds."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Cusack versus Cusack:

After hearing Counsel upon the Petition and Appeal of Adam Cusack Esquire, from several Decrees and Orders of the Court of Chancery in Ireland, the 8th and 26th of June 1711, and the 9th of December 1712, on the Behalf of Elianor Cusack, an Infant, by her Guardian Sir Pierce Butler; praying, "That the said Decrees and Orders may be reversed": As also upon the Answer of the said Elianor Cusack, by her said Guardian, 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 the said Decrees, as to the several Matters therein contained, complained of by the said Appeal, be reversed; and that the said Appellant ought to have the Benefit of the Articles made the 13th Day of August 1683, before and in Consideration of Robert Cusack the Appellant's Father's Marriage with Mary the Appellant's Mother, and be deemed and taken as Tenant in Tail Male under those Articles, and hold and enjoy the Lands, Tenements, and Hereditaments, thereby agreed to be settled to him and the Heirs Male of his Body, against all Persons claiming under the Settlement made by Indentures of Lease and Release, the 3d and 4th Days of March 1700, by the said Robert Cusack, after his Second Marriage; and that the Trustees of the Forty-one Years Term do, at the Appellant's Costs, surrender the said Term do, and all their Interest therein, to the Appellant, and deliver up to the Appellant the said Indentures of Lease and Release, made the said 3d and 4th Days of March 1700; and that all Profits arising out of the Lands, Tenements, and Hereditaments, limited for the said Term of Forty-one Years, since the Decease of the said Robert Cusack, be accounted for to the Appellant; and that Possession of the said Premises be forthwith delivered to the Appellant, and the Tenants of the said Premises attourn to the Appellant; but without Prejudice to Jane the Second Wife of Robert Cusack, in respect of her Dower: And the Court of Chancery in Ireland is to give such Directions as are just, in Pursuance of this Order.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fourteen."

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

It was Resolved in the Affirmative.

Olliver's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Joseph Olliver Gentleman, lying in the County of Devon and City of Exon, for Payment of his Debts, and for making Provision for Maintenance and Education of his Daughter."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two last Bills.

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

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

Prendergast's Petition referred to Judges.

Upon reading the Petition of Sir Thomas Prendergast Baronet, an Infant under the Age of Thirteen Years, by his Guardian the Honourable Lieutenant General William Cadogan; praying Leave to bring in a Bill, to enable the Petitioner to sell Lands, Tenements, and Hereditaments, lying in the County of Waterford, in the Kingdom of Ireland, for Payment of Purchase-money in the Petition mentioned, and other Purposes therein expressed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Dormer and Mr. Justice Eyre; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Adjourn.

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