House of Lords Journal Volume 20: 11 May 1717

DIE Sabbati, 11 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Exeter et al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming a Partition lately made of the Estate of Sir John Brownlow Baronet, deceased, in the Counties of Lincoln, York, Middlesex, and Hertford, remaining unsold, and Articles of Agreement relating thereunto; and also the several Conveyances made of the divided Parts."

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 Monday the Twenty-seventh Day of this Instant May, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

River Wear and Port of Sunderland; Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday the Twentieth Day of this Instant May.

Sir John Burke's Appeal withdrawn, not coming in Time.

A Petition and Appeal of Sir John Burke Baronet; complaining of a Decree of the Court of Chancery in Ireland, made the Eighteenth Day of May 1716, in a Cause wherein John Earl of Clanriccard was Plaintiff, and the Appellant and others Defendants; and praying, "That the same may be reversed," was presented to the House and read; and was, by their Lordships Leave, withdrawn, no sufficient Reason having been offered why the same was not presented within the Time limited by the Standing Order of this House.

Field et al. to be naturalized.

Upon reading the Petition of John Jacob Heldt, John Gerekin, John Henry Vassmer, Peter Rameyer, Christian Benjamin Mentzell, and Theodore Van Rheden; praying, "That Leave may be given to bring in a Bill, for their Naturalization:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the Petition.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord Castlecomer and others:

With a Bill, intituled, "An Act to enable John Barrington, alias Shute, Esquire, and his Issue Male, to change their Surname to Barrington, according to the Settlement of Francis Barrington Esquire, deceased;" to which they desire the Concurrence of this House.

Ld. Caher versus Nagle et al.:

Upon reading the Petition of Thomas Lord Baron of Caher in the Kingdom of Ireland; setting forth, "That the Respondents to the Petitioner's Appeal were ordered to answer the same on the Nineteenth of April last; and though one Mr. Glascock hath taken a Copy of the said Appeal, yet there is no Answer put in;" and praying, "That a peremptory Day may be appointed for the Respondents to answer; and that Service of the Order of this House on their Clerk in Chancery in Ireland may be good Service:"

And a Person being called in, and examined upon Oath, at the Bar, touching the Allegations of the said Petition:

Respondents to answer peremptorily.

It is Ordered, That the Respondents to the said Appeal be, and are hereby, required peremptorily to put in their Answer or respective Answers thereunto, in Writing, on Saturday the First Day of June next; and that the Service of this Order on the Respondents Clerk in Chancery in Ireland shall be good Service, in order thereunto.

Order concerning hearing Causes.

The House (according to Order) proceeded to take into Consideration the Standing Order of this House, of the 14th of January 1705, which forbids the Reading of any private Bill before the Hearing of a Cause; and also the Order of the 28th of June 1715, which directs Causes to be called in precisely at Eleven a Clock, and no other Business to intervene.

And the said Orders being read:

It is Ordered, That, for the better Observation thereof, this House will (after the Causes already appointed to be heard) appoint Tuesdays, Thursdays, and Saturdays only, for the Hearing of Causes, during this Session of Parliament; upon which Days the Causes shall be called in at the First Sitting of the House; and nothing to intervene.

Barrington, alias Shute, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Barrington, alias Shute, Esquire, and his Issue Male, to change their Surname to Barrington, according to the Settlement of Francis Barrington Esquire, deceased."

Committee to view the Parliament office.

Ordered, That the Committee, appointed to consider the Petition of William Cowper Esquire, Clerk of the Parliaments, and view the Place where the Records are deposited at the Parliament-office, be revived; and meet on Tuesday next, at Ten a Clock; and that the Earl of Warrington, Lord Bishop of Carlisle, and Lord Foley, be added to the said Committee.

Cary versus White et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Cary Esquire is Appellant, and John White and others Respondents:"

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

Hamilton versus Darcy, Pleadings proved.

The House being informed, "That several Pleadings, to be made Use of on hearing the Appeal of Darcy Hamilton Esquire, depending in this House, whereunto Hyacinthus Darcy Esquire is Respondent, are brought from Ireland; and that John Wolf, the Person who came over to prove the same, is under a present Necessity of going back again to that Kingdom:"

And the House being thereupon moved, "That he may be permitted to deliver in the said Pleadings and prove the same:" He was accordingly called in; and delivered, at the Bar, a Bag full of Papers or Writings, which he attested upon Oath to be true Copies, he having examined all of them with the Originals.

And withdrew.

Moor et al. versus Mattocks et al.

Upon reading the Petition of John Cary Esquire; setting forth, "That the Appeal, wherein the Petitioner and others are Appellants, and Thomas Mattocks and others Respondents, is appointed to be heard on Wednesday next;" and praying, "That the said Hearing may be put off for a Fortnight or Three Weeks, in regard the Papers, lodged in the Clerk of the Parliaments' Hands for the Petitioner's Perusal, are very much broken and defaced:"

And the Petitioner being called in, and examined upon Oath, at the Bar, touching Notice given to the other Side, pursuant to the Standing Order:

It is Ordered, That the Hearing of the said Cause be, and is hereby, adjourned to Tuesday the Twentyeighth Day of this Instant May, at Eleven a Clock.

Adjourn.

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