Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 17 Januarii.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Equity of Redemption of the Manors, Lands, and Tenements, lying in the several Counties of Rutland and Leicester, late the Estate of John Digby Esquire, deceased, in Trustees, to the Intent that the same may be sold, for the discharging of the several Mortgages and other Incumbrances thereon."
Their Lordships, or any Five of them; to meet on Friday the First Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Robert Greenall the Younger to sell an Estate, in the Parish of King's Norton, in the County of Worcester; and purchase another Estate, of as great or greater Value, to be settled to the same Uses."
Le Grand's Nat. Bill:
Message to H. C. with it.
Dutchess of shrewsbury's Nat. Bill.
Message from H. C. with a Bill.
E of Kildare versus Sir A. Shaen.
Upon reading the Petition of John Earl of Kildare, shewing, "That, the Twenty-eight of April One Thousand Seven Hundred and One, this House reversed a Decree obtained in the Chancery of Ireland, by Sir Arthur Shaen, against Will'm Hancock and Leonard Hatfield, the Petitioner's Tenants; and that Sir Arthur Shaen obtained an Order of this House, for the Tenants to bring in their Rents into Court; which was done; but Sir Arthur Shaen hath not yet brought on the Cause to be heard, as in the Petition (amongst other Things) is set forth," and therefore praying, "That in regard the not hearing the Cause is not by Default of the Petitioner, (fn. 1) that the Discharge of that Part of the Order that directs the Petitioner's Tenants to bring the Rents of their Lands into Court, and that what of the Rents they have brought into Court may be paid the Petitioner, to whom they belong."
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Arthur Shaen shall have a true Copy of this Petition sent his; and that he shall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Seventh Day of February next, at Eleven a Clock.
Marshal's Men, Pet. for an Allowance.
Upon reading the Petition of the Six Under Marshals belonging to Her Majesty's Household, who have attended the Service of this House the Two last Parliaments; and praying, "That Her Majesty may be moved, that they may have Forty Pounds allowed them for each Session of Parliament:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lords Committees, to consider of the same, and the Orders formerly made in this Case, as also how the Petitioners have performed their Duty; and report their Opinion thereupon to this House; (videlicet,)
Method of keeping Records in Offices, Report about.
The Lord Halifax reported from the Lords Committees appointed to consider of the Method of keeping Records and Public Papers in Offices, and to consider of Ways to remedy what shall be found to be amiss, as followeth; (videlicet,)
"The Committee appointed to consider the Method of keeping Records and Public Papers in Offices, &c. having met, proceeded to inquire into the Manner how the Papers in the Paper office were kept; and for that Purpose sent for Mr. Tucker, the Keeper of those Papers. And having heard what Account he gave of the Method observed in that Office, and of the State the Papers were in, and how the said Office was executed; the Committee beg Leave to inform the House, That their Lordships find, that no Public Papers have been delivered into that Office, by the Secretaries of State, since Sir Leoline Jenkins was Secretary; and that many Papers, which ought to be there, are wanting in the preceding Times; and particularly, that the Treaty of Breda is lost; and the present Officer cannot tell where the Treaty of Reswick remains.
"The Committee humbly offer, whether it may not be proper for the House to make Application to Her Majesty, That Her Majesty would please to give such Orders as She shall think fit, for the Recovery of such Papers as are not delivered into the said Office; and that some proper Method may be taken for the future, in order to preserve the Papers of State, for the Use of the Public."
Defects in the Laws to be amended and explained, and Suits to be more expeditious and less expensive, Report about.
The Lord Sommers reported from the Lords Committees appointed to consider what Defects there are in the Laws, which may be proper to be supplied or amended, and what Doubts may be fit to be explained or cleared; and to consider of proper Methods to lessen the Expences of Suits, and to make Proceedings in Courts of Justice more expeditious, as followeth; (videlicet,)
"No Advantage shall be taken of any Count, Plea in Bar, Replication, or other Plea, for any Omission or Defect therein, unless the Party demurring thereunto shall specially shew such Defect or Omission for Cause; but the Court shall give Judgement upon the Substance mentioned and specified in such Count or Plea, without Regard had, to such Defect.
"After Issue joined, in any Action to be brought in the Courts of Westminster; upon Oath made, That any Witnesses cannot be present at the Trial, by reason of their being to go beyond the Seas, or by reason of Sickness, or other Infirmity; it shall be lawful, by Rule of Court, for the Plaintiff or Desendant, to exhibit Interrogatories to such Witnesses, to be examined thereunto, upon Oath, before One of the Judges of the said Court, or before Commissioners to be appointed under the Seal of that Court; which Depositions may be made Use of at the Trial, in case the Witnesses cannot be there; and the said Depositions shall be afterwards entered or enrolled in in the said Court.
That, in Electione Firmæ, or Action of Trespass, the Court may order a View before Trial: The Sheriff shall be commanded, in the Writ of Distringas, or Habeas Corpora, to have the Jurors to the Place to view the same, in the Preference of A. and B. that are appointed to shew the same.
"In Debt upon any Bond, with a Condition of Defeazance, to pay a lesser Sum at a Day or Place certain; if the Money be paid after the Forfeiture of the Bond, that shall be a good Plea in Bar thereof; and if, any Time pending the Action, the Defendant shall bring all the Principal, Interest, and Charges, the Court shall give Judgement, to discharge the Defendant of any such Bond; and if, after Judgement, such Payment shall be made, the Court shall discharge the Defendant of such Judgement.
"It is declared, that, by Three Witnesses, requisite by the Act of Frauds and Perjuries to prove a Nuncupative Will, shall be understood such as are allowed upon Trials at Law by the Laws and Customs of the Realm.
"The Statute of Limitations shall be extended to Libels in the Admiralty Court for Seamen's Wages, in the same Manner as if an Action upon a Promise for the same had been brought in any of the Queen's Courts of Record.
"The Plaintiff shall in no Case be bound by the Statute of Limitations, if the Defendant shall be beyond Sea at the Time of the Cause of Action accrued, so as the Plaintiff brings his Action within Six Years after his Return into this Realm.
"If the Plaintiff be content to accept of a Bailbond from the Sheriff, the Sheriff shall assign the same by Indorsement under his Hand and Seal, and the Plaintiff thereupon shall sue in his own Name; and if the Bond be forfeited, the Court, where the Action is brought by Rule, may impose such Terms upon the Defendant, and give such Relief to the Bail, touching such Bond, as shall be agreeable to Justice and Reason; which Rules shall have the Effect of a Defeazance as to such Bond.
"The Debts that any Defendant hath owing unto him may be attached in Execution, in Satisfaction for Debt and Damages recovered against him; and a Day shall be given to the Debtor to appear. The Court shall give Judgement for the Plaintiff, to recover so much as shall be attached, &c. as in London upon a Foreign Attachment.
"That the Warranty of Tenant for Life, descending upon any Person in Remainder, shall be void and of none Effect; likewise the Warranty of any Collateral Ancestor, that had nothing in the Land, shall be void against his Heir, either to bar him of Entry or Action.
"No Process to issue out of any Court of Equity till after the Bill is filed; nor any Service of a Subpæna to be good, unless at the same Time the Defendant be served with a true Copy of the Bill, signed by the proper Officer, at the Plaintiff's Charge, which is to be allowed him in Costs, if he prevail in the Suit: The Defendant not to be obliged to take or pay for any other Copy of the Bill; and no Copy or Abstract of the Bill to go with the Dedimus, or Commission for taking the Defendant's Answer."
Judges to prepare a Bill, pursuant to the Report.
Whereas this Day several Heads for a Bill were reported, from the Lords Committees appointed to consider what Defects there are in the Law, which may be proper to be supplied or amended; which were read, and agreed to by the House.