Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 28 Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Cary versus White.
After hearing Counsel, upon the Petition and Appeal of John Cary Esquire, from Two Orders or Decrees of the Court of Chancery in Ireland, the One the Six and Twentieth Day of November One Thousand Seven Hundred and Seven, and the other the Sixth of June One Thousand Seven Hundred and Nine, made in a Cause there depending, between the said John Cary Plaintiff and John White Esquire and Katherine his Wife, and Dame Mary Jervis Widow, Administratrix to Sir Humphry Jervis Knight, deceased, Defendants; and praying, "That the said Orders or Decrees may be reversed:" As also upon the Answer of the said John White and Katherine his Wife put in thereunto; and due Consideration of what was offered thereupon:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders or Decrees of the Court of Chancery in Ireland, complained of in the Petition and Appeal of the said John Cary, shall be, and are hereby, reversed; and that it be tried, on a seigned Issue, in the Court of Common Pleas of Ireland, when and as the Court of Chancery in Ireland shall direct and appoint; whether any and what Sums of Money were necessarily laid out by, or by Order of, the Appellant John Cary, for the Payment of Seamen's Wages, Provisions, or otherwise, for the necessary Repairs and Use of the Ship in the Appeal mentioned, during the Voyage mentioned in the Charter-party, in Proof in this Cause; which Sums so advanced or laid out are to be paid by the Respondents John White and his Wife to the Appellant John Cary: And it is further Ordered, That, in order to the Trial of the Issue above directed, the said Court of Chancery in Ireland is to give the necessary Rules and Orders to that Purpose.
The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for vesting the Freehold and Copyhold Estate late of William Emerton Esquire, deceased, in the Parish of Chevening, in the County of Kent, in Trustees, to be sold, for the better Support of his Widow, and Advancement of his Two Daughters," as fit to pass, with some Amendments.
Which were read Twice, and agreed to.
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Freehold and Copyhold Estate late of William Emerton Esquire, deceased, in the Parish of Chevening, in the County of Kent, in Trustees, to be sold, for the better Support of his Widow, and Advancement of his Two Daughters."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Gery and Mr. Rogers:
To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereunto.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Trustees to sell some Fenny Lands, in the Counties of Huntingdon and Cambridge, Part of the Estate of Anthony Hammond Esquire; and to settle other Lands in Lieu thereof."
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 Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Arnway's Estate, to vest in Hospitals in Westm. Bill
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate of Thomas Arnway, deceased, devised for Charities, in the Governors of the Hospitals of the Green-coats and Grey-coats in or near Tuthill-Fields, Westminster."
Security of Rents, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better security of Rents, and to prevent Frauds committed by Tenants."
Servants Wages, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better regulating of Servants, and their Wages; and for the better Recovery of the same; and also for making more effectual the Act of the Fifth Year of Queen Elizabeth, intituled, An Act containing divers Orders for Artificers, Labourers, Servants of Husbandry, and Apprentices."
Sir A. Brand versus M'Kenzie.
The House this Day hearing Counsel, upon the Petition and Appeal of Sir Alexand'r Brand Knight, to which George M'kenzie Gentleman is Respondent:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall proceed in hearing the said Appeal on Friday next, the First Business.
Ball versus Coggs.
It is Ordered, That the Cause wherein George Ball is Appellant, and John Coggs and others are Respondents, shall be heard on Friday next.
Gaming to prevent, Bill.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Friday next this House shall be put into a Committee again, upon the Bill, intituled, "An Act for the better preventing excessive, immoderate, and deceitful Gaming;" and that all the Lords be summoned to attend.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum nonum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.