House of Lords Journal Volume 20: 15 March 1717

DIE Veneris, 15 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Warren to enter into Recognizance for Lady Byrne.

Upon reading the Petition of Dame Anna Dorothea Byrne; praying, "In regard she is absent, and cannot without great Inconvenience enter into a Recognizance upon her Appeal, that Edward Warren, of St. Andrew's, Holborn, Esquire, may enter into the said Recognizance for the Petitioner:"

It is Ordered, That the said Edward Warren may enter into a Recognizance for the Petitioner, as desired.

Ld. Caher versus Nagle & al.

Upon reading the Petition and Appeal of Thomas Lord Baron of Caber in the Kingdom of Ireland; complaining of an Order made by the Court of Chancery in the said Kingdom, the 15th of November 1714, and also of a Decretal Order the 17th of May 1715, and likewise of an Order of the same Court the 16th of June last, in a Cause wherein the Petitioner was Plaintiff, and Catherine Nagle, David Nagle, and Joseph Comerford, Executors of James Nagle deceased, Richard, Edward, David, Anthony, Joseph, Francis, Bonaventure, and Margaret Nagle, Children of the said James Nagle, all Minors, by the said David Nagle, their Guardian, George Mathew Esquire, surviving Executor of Piers, late Lord Baron of Caber, Micbael Kerny Fitz Maurice, Elizabeth, James, Justin, and Charles Mac Cartby, Executors of Dennis Mac Carthy Gentleman, deceased, and Michael Kearny Fitz James, Devisee in Trust of the said Dennis MacCarthy, Defendants; and praying, "That the said several Orders may be set aside, and the Petitioner relieved:"

It is Ordered, That the several Parties Defendants abovenamed may have a Copy or Copies of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Nineteenth Day of April next.

Heath's Petition referred to Judges.

Upon reading the Petition of Richard Heath Esquire, Son and Heir of Sir Thomas Heath Knight, late of East Clandon, in the County of Surrey, deceased, an Infant, and of Dame Dorothy Heath, Widow and Administratrix of the said Sir Thomas Heath, and Mother and Guardian of the said Infant, and also of Thomas Shepheard, Richard Cook, Thomas Howard, Henry Quennell, William Rose, and Richard Adams, and several others, whose Names are to the said Petition subscribed, in Behalf of themselves, and all other the Creditors of the said Sir Thomas Heath, by Mortgage, Bond, and otherwise; praying Leave to bring in a Bill, for vesting the Inheritance of the Estate late of the said Sir Thomas Heath (subject to the Jointure of Dame Lettice Heath his Mother), and from him descended to the said Richard Heath the Insant, and the Lands comprized in the Jointure of the said Dame Dorothy, upon her Consent, in Trustees, to be sold, for Payment of the said Sir Thomas Heath's Debts; and for settling the Remainder of the Premises, which shall be unsold, after the said Debts paid, on the said Richard Heath and his Heirs:

It is Ordered, 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 Dormer; 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.

Manning versus Baxter, in Error; Plaintiff to bring in the Transcript.

Upon reading the Petition of Joanna Baxter, Adminstratrix of George Baxter Gentleman, deceased, (fn. 1) Defendant in a Writ of Error sued out, returnable before this House, by Robert Manning, Plaintiff in the said Writ of Error; setting forth, "That the said Plaintiff has not either procured the Record of the Judgement in the Court of Exchequer to be brought up, nor made any Step towards bringing the same to be argued;" and praying, "That he may, by a short Day, be required to transcribe the said Record, and procure the same to be brought into this House; or, in Default thereof, that the Petitioner may have Liberty to take out Execution on the said Judgement, as if no such Writ of Error had been sued out:"

It is Ordered, That the Plaintiff in the said Writ of Error do procure the said Record to be transcribed, and brought into this House, on or before Friday the Twenty-second Day of this Instant March.

Corporation of Newcastle, for a Bill to exchange Lands.

Upon reading the Petition of the Mayor and Burgesses of the Town and County of Newcastle upon Tyne; and also the Petition of the Master, Brethren, and Sisters, of the Hospital of The Holy Jesus, founded in the Manors in the said Town and County, at the Costs and Charges of the said Mayor and Burgesses; praying, That Leave may be given to bring in a Bill, to empower them the said Master, Brethren, and Sisters, of the Hospital aforesaid, to dispose of and sell several Lands and Tenements at Edderly, in the County of Durham, and Whittle, in the County of Northumberland; and that certain Lands and Tenements in the Manor or Walker, in the said County of Northumberland, of a much greater Value, may be settled to the same Uses, for the providing a sufficient Fund for the Maintenance and Relief of the poor People in the said Hospital for ever:"

It is Ordered, That the Consideration of the said Petitions be, and is hereby, referred to Mr. Justice Tracy and Mr. Justice Prat; 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 Petitions; and also that the Judges, having persued the Bill, do sign the same.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.