House of Lords Journal Volume 20: 1 April 1717

DIE Lunæ, 1 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mierop, Nat. Bill.

The Earl of Yarmouth reported from the Committee, to whom the Bill, intituled, "An Act for naturalizing Isaac Kuyckvan Mierop," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Fulford's Pet. referred to Judges.

Upon reading the Petition of Francis Fulford Esquire; praying, "That Leave may be given to bring in a ill for supplying the Defect of the Power of making Leases, given by the Will of Francis Fulford Esquire; deceased:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Tracy; 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.

Rochfort versus Nugent.

Upon reading the Petition of Ridgeley Nugent Gentleman, Respondent to the Appeal of Robert Rochfort Esquire; setting forth, "That the said Robert Rochfort exhibited the said Appeal in this House on the First of June last, for Reversal of a Decree of the Court of Chancery in Ireland, on the Ninth of May 1716; and on the Twenty-second of the same Month petitioned the said Court for a Re-hearing of the said Cause; and the same was accordingly re-heard on the Fourth of June following, and the former Decree was affirmed; and the Petitioner had no Notice of the said Appeal till the Ninth of the same June; and that he has put in his Answer thereunto, wherein he has set forth the Proceedings on the said Re-hearing;" and praying, "That a Day may be appointed for hearing the said Appeal; and that the Petitioner may be at Liberty, upon the said Hearing, to produce and read the Proceedings relating to the said Re-hearing in the Court of Chancery, and the Proofs and Evidences upon which the Affirmance of the former Decree was made; and that the Service of Mr. Collier the Appellant's Agent or Solicitor in the Cause with the Order of this House may be deemed good Service:"

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 April, at Eleven a Clock; and that the said Proceedings, Proofs, and Evidences, be produced at the said Hearing in this House; and that the Service of this Order on the Appellant's said Agent shall be good Service, in order thereunto.

Reily & al. versus Ward.

The House being moved, on Behalf of Robert Ward Gentleman, Respondent to the Appeal of James Reily Esquire and others, depending in this House, "That a Day may be appointed for hearing the same:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Sixteenth Day of this Instant April, at Eleven a Clock.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Thomas Johnson and others:

With a Bill, passed by them, intituled, "An Act for enlarging the Time granted by an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making a convenient Dock, or Bason, at Liverpoole, for Security of all Ships trading to and from the said Port of Liverpoole;" to which they desire the Concurrence of this House.

L. Viscount Montague versus Maxwell & Ux.

Counsel were called in, to be heard, pursuant to the Order of this House on the Twelfth of March last, upon the Petition of Henry Lord Viscount Mountague, praying to be relieved, as to the Matters reserved on hearing his Appeal the last Session of Parliament, and also in all other respects, as it shall seem just, in regard to the great Alteration made in his whole Cause by a Verdict given upon an Issue directed by this House.

And the Appellant's Counsel proceeding accordingly:

The Counsel for the Respondents offered to move for a new Trial.

Which being objected to by the Counsel for the Appellant; no Notice having been given of such intended Motion:

They were directed to withdraw.

And being accordingly withdrawn;

It was proposed, "To proceed immediately to hear the Counsel upon the Equity reserved, notwithstanding the Respondents Counsel offering to move for a new Trial.

And the same being objected to;

And Debate thereupon:

The Question was put, "Whether the Counsel shall be now called in; and the Respondents Counsel acquainted, That this House will proceed to the Hearing upon the Equity reserved, notwithstanding their offering to move for a new Trial?"

It was Resolved in the Negative.

Then the following Order was made:

"That, inasmuch as the Respondents have neglected to give due Notice that they intended to move for a new Trial, it is therefore Ordered, That, unless they submit to pay to the Appellant Twenty Guineas, for the Costs of Attendance this Day, this House will now proceed to hear Counsel upon the Equity reserved: But, in case the Respondents shall be willing to pay the said Costs, then the Hearing thereupon be deferred to a further Day."

And the Counsel were called in again.

And the Respondents Counsel were acquainted with the said Order.

Whereupon the Respondents, by their Counsel, declared, "They were willing to pay Twenty Guineas to the Appellant, upon the Condition abovementioned."

And the Counsel being again withdrawn:

Ordered, That on Thursday next, at Eleven a Clock, this House will proceed to hear Counsel, upon the Equity reserved; and that, in the mean Time, the Respondents do pay, or cause to be paid, to the Appellant, Twenty Guineas, for his Costs of this Day's Attendance; and that, on the said Day for hearing, the said Sum of Twenty Guineas being fully paid, the Respondents Counsel be at Liberty to move for a new Trial.

Ordered, That such Judges of the Court of King's Bench as are in Town do attend this House on Thursday next.

Motion for Standing Order touching moving for new Trials.

The House was moved, "That the Standing Order which relates to Motions for the making of Standing Orders may be read."

And the same being read accordingly:

The following Motion was made; videlicet,

"That it may be made a Standing Order of this House, That, when any Cause shall stand ordered to be heard before this House, on the Equity reserved, after a Trial at Law, none of the Parties shall be admitted to move for a new Trial, without Notice given to the adverse Party, at least Four Days before the Day appointed for such hearing, of such intended Motion."

Ordered, That, on Tuesday the Ninth Day of this Instant April, this House shall take the said Motion into Consideration; and that the Lords be summoned to attend the Service of this House on that Occasion, pursuant to the forementioned Standing Order.

Cochran versus Douglas.

Upon reading the Petition and Appeal of William Cochran of Ochiltree; complaining of several Interlocutors of the Lords of Session in Scotland, on the 22d of July 1714, the 2d and 18th of February 1715, and the 18th of July 1716, made on the Behalf of John Douglass, Son to William Douglass, late Taylor in Edinburgh; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Douglass may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Twenty-ninth Day of this Instant April.

Adjourn.

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