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, 27 Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Estate of William Peirson Esquire, deceased, for Payment of an Incumbrance thereupon, and a Debt due from the said William Peirson to Her Majesty, as he was Collector of the Customs at Plimouth."
Ordered, That the Consideration of the said Bill shall be, and is hereby, referred to Mr. Justice Powell and Mr. Baron Bury; who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Sir T. Putt's Bill, for Sale of Lands, in Netherex, &c:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting several Lands, in Netherex, Rew, Silverton, and Thorverton, in the County of Devon, in Trustees, to be sold, for the Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Dormer and Mr. Browning:
To carry down the said Bill, and desire their Concurrence thereunto.
Highgate and Barnet Road Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for repairing the Highway, between Highgate Gatehouse, in the County of Middlesex, and Barnet Blockhouse, in the County of Hertford."
Sir P. Home versus Sir R Home, et è contra:
After hearing Counsel, upon the Petition and Appeal of Sir Patrick Home Baronet, complaining of several Interlocutors, or Decrees, of the Lords of Council and Session in Scotland, pronounced the 16th of July 1708, the 12th of January 1708 / 9, the 11th of February 1708 /9, the 17th of July 1711, and the 20th of November 1711, on Behalf of Sir Robert Home Baronet; and praying Relief against the same; and upon the Answer of Sir Robert Home put in thereunto: As also upon the Cross Appeal of the said Sir Robert Home, from several Interlocutors, or Decrees, pronounced by the Lords of Council and Session in Scotland, the 10th of February 1708, the 17th of December 1708, and the 5th of January 1709, in a certain Cause between the said Sir Robert Home and the said Sir Patrick Home; and the Answer of the said Sir Patrick Home put in thereunto; and due Consideration of what was offered on either of the said Appeals and Answers:
Judgement in Part reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Decrees, or Interlocutors, complained of in the said Appeal of the said Sir Patrick Home, shall be, and the same are hereby, affirmed; and that the said Petition and Appeal of the said Sir Patrick Home shall be, and the same is hereby, dismissed; and that the said several Decrees, or Interlocutors, pronounced the Tenth of February One Thousand Seven Hundred and Eight, the Seventeenth of December One Thousand Seven Hundred and Eight, and the Fifth of January One Thousand Seven Hundred and Nine, complained of by the said Sir Robert Home in his said Petition and Appeal, shall be, and the same are hereby, reversed: And it is further Ordered and Adjudged, That the Release, or Discharge, and the Grant and Disposition made by Sir Alexander Home to the said Sir Patrick Home, complained of by the said Petition and Appeal of the said Sir Robert Home, having been gained by Fraud and Circumvention, be so far reduced and set aside, as to stand a Security only for any onerous Cause, or valuable Consideration, paid or made good by the said Sir Patrick for the same; and that the said Sir Patrick do accompt for the Rents and Profits of the Trust Estate granted to him by Sir John Home, by Lease the 13th of May 1671; and for all other Sums of Money, Debts, or Moveables, contained in the aforesaid Discharge and Disposition, which belonged to the said Sir John Home, and were received by Sir Patrick Home, and which ought to have been applied for the Debts charged upon Sir John Home's Estate; and be allowed on such Accompt what he really and bona fide paid or expended in the just Execution of the Trust expressed in the said Lease, or as the onerous Cause, or valuable Consideration of the said Discharge and Disposition of the said Sir Alexand'r to the said Sir Patrick.
Lords to be summoned.
Ordered, That all the Lords be summoned, to attend the Service of this House To-morrow.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Maii, hora duodecima, Dominis sic decernentibus.