House of Lords Journal Volume 22: February 1725, 11-20

February 1725, 11-20

DIE Jovis, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Skrymsher Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging certain Lands at Eccleshall, in the County of Stafford, from the Uses and Limitations contained in the Marriage Settlement of Thomas Boothby Skrymsher Esquire; and for settling other Lands, in the same County, of greater Value, to the same Uses."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Friday the Twenty-sixth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

E. of Barry more, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of James Earl of Barrymore in the Kingdom of Ireland, on the Behalf of himself and the Lady Penelope Barry his Daughter, an Infant, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Manor and Lands of and in Brignall, in the County of York, late the Estate and Inheritance of Richard Earl Rivers, deceased, in Trustees, to be sold, towards discharging the Incumbrances affecting his Estate in the County of Chester."

Croston Common to enclose, Bill.

A Message was brought from the House of Commons, by Mr. Robert Lloyd and others:

To return the Bill, intituled, "An Act to enclose the Common and Tract of Land called Croston Finney, in the County of Lancaster;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Budgell versus Martin.

Upon reading the Petition of Elizabeth Martin, Defendant in a Writ of Error depending in this House, to which Eustace Budgell is Plaintiff; setting forth, "That the said Eustace Budgell brought a Writ of Error, in Trinity Term 1722, in the Exchequer Chamber, in order to reverse a Judgement obtained in the Court of King's Bench by the Petitioner; and in Easter Term 1723, Judgement was affirmed thereon; soon after which, the said Budgell preferred his Bill in Chancery for an Injunction; but, failing to obtain it, he brought his Writ of Error in Parliament the Twenty-second of July following, and has assigned the Common Errors; and also that the Petitioner did not file her Bill, in the said Court of King's Bench, of Hillary Term, Septimo Georgii, to warrant the Judgement; and prayed a Certiorari to the Lord Chief Justice of that Court, which was granted, and a Return made thereto; that no Bill was filed, to which the Petitioner hath not yet replied;" and praying, "That a new Writ of Certiorari may issue, directed to the said Lord Chief Justice, to certify whether the said Bill be filed of the said Term or not:"

It is Ordered, That the Petitioner be at Liberty to take out a Certiorari, according to the Prayer of the said Petition.

Hawkins's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of an Estate late of Henry Hawkins Citizen of London, deceased, for the Benefit of his Widow and Children, and other 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. Lovibond and Mr. Lightboun:

To carry down the said Bill, and desire their Concurrence thereunto.

Kent Roads, to repair, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Tenth Year of Her late Majesty's Reign, for amending and maintaining the Road between Northfleet, Gravesend, and Rochester, in the County of Kent; and for explaining the same Act; and for appropriating Part of the Money arising thereby towards repairing the Road between the Town of Chatham and Boughton under the Blean, in the said County of Kent," was committed: "That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Putland versus Burrowes, Papers proved.

The House was informed, "That Mr. Ross Fox attended, with several Papers and Proceedings, to be made Use of on hearing the Cause wherein John Putland, a Minor, by Jane Putland his Mother and next Friend, and others, are Appellants, and Sir Walter Burrows Baronet is Respondent, and desired now to prove the same to be true Copies."

He was thereupon called in; and delivered the said several Papers and Proceedings to the Clerk, at the Bar; and attested, upon Oath, "That the same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Visc. Irwin's Bill.

The Duke of Dorset reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Arthur Lord Viscount Irwin to raise Money, by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for Payment of Debts, Legacies, and Portions, charged thereupon; and to settle the Estates therein mentioned on Henry Ingram his next Brother and his, Heirs," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made One Amendment thereunto."

Which was read Twice, and agreed to.

Ordered, That the said Bill, with the Amendment, be engrossed.

Pier Wardens of Margate, Bill.

The Earl of Aylesford reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Pier Wardens of the Town of Margate; in the County of Kent, more effectually to recover the ancient and accustomary Droits, for the Support and Maintenance of the said Pier," was committed: "That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr. Lovibond and Mr. Lightboun:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Westhaughton Commons, Leave for a Bill:

Upon reading the Petition of the Freeholders and others, being Tenants in Common of the Waste Ground called Westhaughton Commons, in the Township of Westhaughton, in the County of Lancaster; praying Leave to bring in a Bill, for enclosing and dividing the said Waste Land, according to every Person's Right in the same:

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

Kent Roads, to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Tenth Year of Her late Majesty's Reign, for amending and maintaining the Road between Northfleet, Gravesend, and Rochester, in the County of Kent, and for explaining the same Act; and for appropriating Part of the Money arising thereby, towards repairing the Road between the Town of Chatham and Boughton under the Blean, in the said County of Kent."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Lovibond and Mr. Lightboun:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Petrus King Miles, Capitalis Justiciarus Communium Placitorum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, duodecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Burrows's Answer to Putland's Appeal.

This Day the Answer of Sir Walter Burrows Baronet, to the Appeal of John Putland a Minor, by Jane Putland Widow his Mother and next Friend, and others, was brought in.

Commissioners forfeited Estates versus E. of Ruglen:

Whereas a Petition and Appeal of the Commissioners and Trustees nominated and appointed by Warrant or Authority under His Majesty's Royal Sign Manual, made and passed in Pursuance of the Act Nono Geargii Regis, limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively, was exhibited to this House the Twenty-fifth of March last; complaining of a Decree of the Court of Delegates in Scotland, made the Sixth Day of the same Month, on the Behalf of John Earl of Ruglen; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Appellants, the Seventeenth of October 1720, may be affirmed;" and, in Default of the said Earl's putting in an Answer thereunto, this Day was appointed for hearing the Cause, ex Parte:

And Counsel for the Appellants only attending; they were called in, and heard; and withdrew.

And due Consideration being had of the Merits of this Cause:

Decree of Delegates reversed, and Decree of Commissioners affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the Court of Delegates complained of in the said Appeal be, and is hereby, reversed; and that the Judgement and Decree of the said Commissioners and Trustees of the forfeited Estates be, and is hereby, affirmed.

Commissioners forfeited Estates versus Mac Lair:

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees nominated and appointed by Warrant or Authority under His Majesty's Royal Sign Manual, made and passed, in Pursuance of the Act Nono Georgii Regis, limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively; complaining of a Decree of the Court of Delegates in Scotland, made the Ninth Day of March last, on the Behalf of George Mac Lair Portioner of Preston; and praying, "That the same may be reversed; and that the Decree and Judgement given by the Appellants, the Seventeenth of August 1719, may be affirmed:" As also upon the Answer of the said George Mac Lair put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree of Delegates reversed, and Decree of Commissioners affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the Court of Delegates complained of in the said Appeal be, and is hereby, reversed; and that the Judgement and Decree of the said Commissioners and Trustees of the forfeited Estates be, and is hereby, affirmed.

Visc. Irwin's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Arthur Lord Viscount Irwin to raise Money, by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for Payment of Debts, Legacies, and Portions, charged thereupon; and to settle the Estates therein mentioned on Henry Ingram his next Brother, and his Heirs."

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. Godfrey and Mr. Thurston:

To carry down the said Bill, and desire their Concurrence thereunto.

Bateman, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of James Bateman Esquire and Anne his Wife, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable James Bateman Esquire to sell the Manor of Tooting Graveney, and all other his Estate in the County of Surry; and, with the Monies arising thereby, to purchase the Manors of Well and Alford, and other Lands, in the County of Lincoln, to be settled to the same Uses as the said Estate in Surry stands settled."

Burton and Nutley versus Slattery:

Whereas, by Order of this House, of the Twentyfifth of January last, John Slattery Gentleman was required peremptorily to put in his Answer to the Appeal of Benjamin Burton and Richard Nutley Esquires in a Week, which he has neglected to do; and the House being moved, "To appoint a Day for hearing thereof:"

Hearing appointed, ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on Saturday the Twentieth Day of March next, at Eleven a Clock.

E. of Barrymore's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Manor and Lands of and in Brignall, in the County of York, late the Estate and Inheritance of Richard Earl Rivers, deceased, in Trustees, to be sold; towards discharging the Incumbrances affecting his Estate in the County of Chester."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Saturday the Twenty-seventh Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

E. of Cholmondeley introduced:

The House being moved, "That the Proceeding entered in the Journal, the Twenty-third of November 1719, on the Introduction of the Earl of Coventry, might be read:"

The same was read accordingly.

And the House being informed, "That George Lord Newburgh, now Earl of Cholmondeley, was without; and that the Clerk or Keeper of the Records in the Chapel of The Rolls was attending, with the Record of the Enrolment of Her late Majesty's Letters Patent, granted to Hugh late Earl of Cholmondeley, in the Year 1706:"

And his Lordship, claiming by virtue of a special Limitation in Remainder in the said Letters Patent, was, in his Robes, introduced, between the Earl of Leicester and the Earl of Orkney, also in their Robes; the Gentleman Usher of the Black Rod, Garter King of Arms, and the Lord Great Chamberlain, preceding.

His Lordship presented his Writ of Summons to Parliament to the Lord on the Woolsack, on his Knee; who delivered it to the Clerk; and the Record of the Enrolment of the said Letters Patent was read, at the Table, by the Clerk of the Rolls.

And his Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius, Dei Gratia, Magn. Britanniæ, Franc. et Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Georgio Comiti de Cholmondeley, Salutem. Cum Parliamentum Nostrum, pro arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magnæ Britanniæ et Ecclesiæ concernentibus, apud Civitatem Nostram Westm. nunc congregatum existit.; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Octavo Die Februarii, Anno Regni Nostri Undecimo.

"Wrighte."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place, next below the Earl of Godolphin.

E. of Macclesfield impeached of high Crimes and Misdemeanors.

A Message was brought from the House of Commons, by Sir George Oxenden and others:

Who did, in the Name of the House of Commons, and of all the Commons of Great Britain, impeach Thomas Earl of Macclesfield, of High Crimes and Misdemeanors; and did acquaint this House, "That the House of Commons would in due Time exhibit particular Articles against him, and make good the same."

Message from H. C. to return Puleston's Bill.

A Message was brought from the House of Commons, by Mr. Watkin Williams Wynne and others:

To return the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Puleston Esquire, for discharging Debts and Incumbrances affecting the same;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Brace and his Wife's Petition referred to Judges.

Upon reading the Petition of Francis Brace of Bidenham in the County of Bedford Gentleman, and Elizabeth his Wife, late Elizabeth Scarburgh; praying Leave to bring in a Bill, for vesting the Petitioners settled Estates, in the Counties of Bedford and Huntingdon, in Trustees, upon Trust, to sell such Part thereof as they shall think proper, not exceeding Two Hundred Pounds per Annum; and to apply the Money arising by such Sale towards paying the Petitioners Debts; and that the Residue thereof, after such Sale, to continue vested in the said Trustees, upon the same Trusts as the Premises are subject to by the Petitioners Marriage Settlement:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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; and do report specially of what Yearly Value the whole Estate settled on the Petitioners Marriage was; what the Value of the whole Debts are, and to whom due; and what was the Value of the Petitioner's Wife's Fortune, and whether the same was all received; or, if not, what Part thereof; and if a Bill should be by the Judges approved, that they do provide the said Debts be paid by Way of Schedule annexed to the Bill; and do, in their said Report, certify whether the Standing Orders of this House in relation to Private Bills have been observed.

Impeachments for Misdemeanors, Precedents of Proceedings to be searched.

Lords Committees appointed to inspect the Journals of this House, in relation to their Lordships Proceedings on Impeachments for high Crimes and Misdemeanors; and to report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Commissioners forfeited Estates versus Stevenson.

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees nominated and appointed by Warrant or Authority under His Majesty's Royal Sign Manual, made and passed in Pursuance of the Act Nono Georgii Regis, limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively; complaining of a Decree of the Court of Delegates in Scotland, of the Ninth Day of March last, made on the Behalf of Elizabeth Stevinson, Relict of Archibald Pitcairn, of that Ilk, Doctor of Medicine; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Appellants, the Fourteenth of October 1723, may be affirmed:" As also upon the Answer of the said Elizabeth Stevinson put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree of Delegates reversed, and Decree of Commissioners affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the Court of Delegates complained of in the said Appeal, whereby the said Court found and adjudged, That the Sum of Nine Hundred and Thirteen Pounds, One Shilling, and Four Pence, Sterling, should be added to the Sum of Seven Hundred and Seven Pounds, Twelve Shillings, and Ten Pence, Sterling, decreed to the Respondent, by the Appellants, the said Fourteenth Day of October One Thousand Seven Hundred Twenty-three," be, and is hereby, reversed; and that the said Judgement and Decree given by the said Appellants, allowing the said Seven Hundred and Seven Pounds, Twelve Shillings, and Ten Pence, be, and is hereby, affirmed.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

O Hara versus O Neile.

This Day the Answer of Tully O Neile Gentleman, to the Appeal of Charles O Hara Esquire:

York Buildings Company versus Haldane:

As also, the Answer of John Haldane Esquire, to the Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings;

Were brought in.

Billingsley to enter into Recognizance for York Buildings Company.

The House being moved, "That John Billingsley, Secretary to the Governor and Company of Undertakers for raising the Thames Water in York Buildings, may be permitted to enter into a Recognizance for the said Company, on account of their Appeal depending in this House, to which John Haldane Esquire is Respondent:"

It is Ordered, That the said John Billingsley may enter into a Recognizance for the said Appellants, as desired.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. West and others:

With a Bill, intituled, "An Act for indemnifying the Masters in Chancery from the Penalties of the Act of the Fifth and Sixth Years of King Edward the Sixth, against buying and selling of Offices, upon their discovering what Consideration, Price, or Gratuity, they paid, or agreed to pay, for the Purchase of, or for their Admission to, their respective Offices;" to which they desire the Concurrence of this House.

L. Archibald Hamilton's Bill.

Also, a Message was brought from the House of Commons, by Mr. Richard Plummer and others:

To return the Bill, intituled, "An Act to confirm and establish Articles of Agreement, between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, of the one Part, and George Parker Esquire, commonly called Lord Parker, and other Trustees of a Charity therein mentioned, of the other Part, for exchanging certain Lands, in the County of Berks, belonging to the said Charity, for other Lands of a greater Value;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Masters in Chancery to indemnity, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for indemnifying the Masters in Chancery from the Penalties of the Act of the Fifth and Sixth Years of King Edward the Sixth, against buying and selling of Offices, upon their discovering what Consideration, Price, or Gratuity, they paid, or agreed to pay, for the Purchase of, or for their Admission to, their respective Offices."

And a Motion being made, "That the Act of the Fifth and Sixth Years of King Edward the Sixth, against buying and selling of Offices, mentioned in the Title of the said Bill, might be read:"

The same was read accordingly.

Then the said Bill was read a Second Time.

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; and the Lords to be summoned.

Sir Gervas Clitton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir Gervas Clifton Baronet, Dame Anne Clifton his Wife, and Robert Clifton Esquire their Son and Heir Apparent, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Ninth Year of His present Majesty, intituled, "An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent."

Bateman's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable James Bateman Esquire to sell the Manor of Tooting Graveney, and all other his Estate in the County of Surry; and, with the Monies arising thereby, to purchase the Manors of Well and Alford, and other Lands in the County of Lincoln, to be settled to the same Uses as the said Estate in Surry stands settled."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday the First Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. St. George versus Martin.

After hearing Counsel, in Part, upon the Petition and Appeal of George Baron St. George of Hatley St. George in the Kingdom of Ireland, and of Henry Sullevane; complaining of several Orders of the Court of Chancery in the said Kingdom: As also upon the Answer of Richard Martin put in to the said Appeal:

It is Ordered, That this House will, To-morrow, at Eleven a Clock, peremptorily proceed to the hearing the Residue of this Cause, and the Causes wherein the Lord Howard of Effingham and Elizabeth Lady Effingham his Wife are Appellants, and Sir John Napier Baronet, an Infant, by his Guardian and others, are Respondents, et è contra, which stood to be heard To-morrow, be adjourned to Thursday next; and the Cause on that Day adjourned till To-morrow Sevennight.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum sextum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Martis, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

L. St. George versus Martin:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of George Baron St. George of Hatley St. George in the Kingdom of Ireland, and of Henry Sullevane; complaining of several Orders of the Court of Chancery in the said Kingdom, made the Twentieth of June, the Twenty-second of July, and Eighth of February, 1723, which affect the Appellants, in a Cause wherein Richard Martin Esquire was Plaintiff, and Thomas Lynch and Bryan Flaherty were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Richard Martin put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Orders reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Orders complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby further Ordered, That the said Court of Chancery do Cause the Possession of the Lands of Ardnessallagh, Rinerune, and Gorterevilla, to be forthwith restored to the Appellants; and that an Accompt be taken of the Mesne Profits of the said Lands, from the Time that the Appellant Sullevane was dispossessed of the same by Virtue of the Writ of Injunction: And it is hereby further Ordered and Adjudged, That the Appellant's Costs of the Trial at Law, and all subsequent Costs in the said Court of Chancery, or elsewhere, in relation to the Proceedings to a new Trial, or otherwise, be taxed, as is usual in like Cases; and that such Costs, and also the said Mesne Profits, be paid by the Respondent to the Appellant the Lord St. George; and that the said Court of Chancery do give proper Directions for the better Execution of this Judgement as shall be just.

Guy's Executors, Leave for a Bill.

Upon reading the Petition of Sir Gregory Page Baronet, Charles Joye and William Clayton Esquires, Mr. Thomas Hollis Senior, John Kenrick and John Lade Esquires, Doctor Richard Mead, Moses Raper Esquire, and Mr. John Sprint, Executors of the last Will and Testament of Thomas Guy Esquire, deceased; praying, In order to make good and effectual the charitable Intentions of the said Testator, that Leave be given to bring in a Bill, for incorporating the Petitioners and other the Persons in the said Testator's last Will for that Purpose named, or in Pursuance thereof appointed, with perpetual Succession, for the charitable Purposes therein expressed; and for vesting and settling the Estate and Trusts on the Petitioners, by Virtue of the said Will devolved in the Corporation by the said Bill (when the same shall pass into an Act) to be created, pursuant to the Directions of the said Will, and the true Intention and Design of the Testator in the said Will expressed:"

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

Sir Gervas Clifton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Ninth Year of His present Majesty, intituled, An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life by Way of Purchase, in Settlements intended to be made of his Estates on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday the Third Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Putland & al. versus Burrows:

The House being moved, on the Behalf of Sir Walter Burrows Baronet, Respondent to the Appeal of John Putland, a Minor, by Jane Putland Widow, his Mother and next Friend, and of the said Jane Putland, and Richard Helsham Doctor of Physic, "That a Day may be appointed, for hearing thereof."

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Twentysecond Day of March next, at Eleven a Clock.

Gordon to enter into Recognizance for Neilson.

The House being moved, "That George Gordon Gentleman may be permitted to enter into a Recognizance for John Neilson, on account of his Appeal depending in this House, to which John Murray is Respondent; the Appellant residing in Scotland:"

It is Ordered, That the said George Gordon may enter into a Recognizance for the said Appellant, as desired.

Guy's Charity Bill.

The Lord Viscount Harcourt presented to the House a Bill, intituled, "An Act for incorporating the Executors of the last Will and Testament of Thomas Guy, late of the City of London, Esquire, deceased, in order to the better Management and Disposition of the Charities given by his said last Will."

Then the said Bill was read the First Time.

Puleston's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Puleston Esquire, for discharging Debts and Incumbrances affecting the same."

And the said Amendments, being read Thrice by the Clerk, were agreed to by the House; and are as follow; (videlicet,)

"Press 3. Line 33. After ["thereabouts"], insert ["due to William late Duke of Bedford, or his Assigns"].

"Line 34. After ["Pounds"], insert ["due to Noell Esquire, or his Assigns"].

"Pr. 6. Line 44. After the first ["the"], insert ["said"].

"Pr. 7. Line 21. Leave out ["Monies"], and insert ["Two Thousand Pounds in Money"].

"Line 23. Leave out ["Trust"], and insert ["settled"].

"Line 30. Leave out from ["paid"] to ["by"] in Line 35; and instead thereof, insert ["amounting in the Whole to the said Sum of Twenty-two Thousand Pounds"].

"Line 44. Leave out ["Fifteen"], and instead thereof insert ["Ten"].

"Pr. 8. Line 1, 2, 3. Leave out ["There is yet no Issue of the said Thomas Puleston by the said Mary his Wife, and"].

"Line 20. After ["Assigns"], insert ["subject to the Payment of such Debts and Legacies, and to the Performance of such Trusts, as in and by the said Will of the said Sir Roger Puleston were thereby charged, limited, and appointed, to be paid, done, and performed, which then remained undischarged, and not performed"].

"Press 16, Line 7, 8. Leave out ["unto the said Thomas Puleston, his Executors, Administrators, and Assigns"]; and instead thereof insert ["in the Purchase of Freehold Lands, Tenements, or Hereditaments; and settle the same to the same Uses as are mentioned in the said Indenture of Release, or Marriage Settlement, herein before recited, and to no other Use, Intent, or Purpose whatsoever"].

"Line 8. Before ["And be it"], add Clause (A).

"Provided always, That nothing in this Act contained shall extend, or be construed to extend, to acquit, release, or discharge, the said Thomas Puleston, his Heirs, Executors, or Administrators, or any of his Lands, Tenements, Hereditaments, or other Estate (other than except the Lands, Tenements, or Hereditaments, by this Act vested in the said Robert Jones and Peter Williams, for the Purposes aforesaid) of and from all or any Arrears of Interest, or Annuity, which have incurred or grown due since the making the said Settlement on his Marriage with the said Mary his Wife, and which ought to have been paid from Time to Time, by the said Thomas Puleston, out of the growing Rents and Profits of the said Estates (whereof by the said Settlement on his Marriage he is Tenant for Life as aforesaid), nor to extinguish, bar, or hinder, any Right, or Remedy, which any Person or Persons claiming, or to claim, in Remainder, after the Decease of the said Thomas Puleston, by Virtue of the said Settlement, hath, have, may, or might have, against him the said Thomas Puleston, his Heirs, Executors, or Administrators, or any his Estate (except as aforesaid), for or upon Account of his not having duly kept down and paid such Interest or Annuity; but the said Thomas Puleston, his Heirs, Executors, Administrators, and all his Estate (except as aforesaid) shall still remain subject and liable to answer and make good the same; and such Right and Remedy against him or them, for obliging him or them thereto, shall remain, continue, and be preserved in Force, in the same Manner to all Intents and Purposes as if this Act had not been made; any Thing herein before contained to the contrary thereof in any Wise notwithstanding.

"Press 17, Line 5. After ["they"], insert ["the said Purchaser or Purchasers"]

"Pr. 18. Line 1. Leave out ["thereof"].

"Pr. 20, Line 7. Leave out ["of"], and insert ["except"]."

Message to H. C. that the Lords agree to the Amendments.

Then a Message was sent to the House of Commons, by Mr. Lovibond and Mr. Godfrey, to acquaint them therewith.

Masters in Chancery, to indemnify, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for indemnifying the Masters in Chancery from the Penalties of the Act of the Fifth and Sixth Years of King Edward the Sixth, against buying and selling of Offices, upon their discovering what Consideration, Price, or Gratuity, they paid, or agreed to pay, for the Purchase of, or for their Admission to, their respective Offices."

And, after some Time spent therein, the House was resumed.

And the Earl of Westmorland reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported the said Amendments.

Which, being read Twice by the Clerk, were agreed to by the House, and are as follow; (videlicet),

"Press 1. Line 25. Leave out ["upon Oath or otherwise"]; and in the same Line, after ["Purpose"], insert ["before either of the Houses of Parliament, or Committee of either House, or the High Court of Chancery, Courts of King's Bench, Common Pleas, or Exchequer, respectively"].

"Press 2, Line 16. After ["notwithstanding"], leave out to the End of the Bill; (videlicet,) the Proviso annexed to it.

"In the Title of the Bill,

"Line 1. Leave out from ["Chancery"] to ["upon"] in the 4th Line."

Hodie 3^a vice lecta est Billa, intituled, "An Act for indemnifying the Masters in Chancery from the Penalties of the Act of the Fifth and Sixth Years of King Edward the Sixth, against buying and selling of Offices, upon their discovering what Consideration, Price, or Gratuity, they paid, or agreed to pay, for the Purchase of, or for their Admission to, their respective Offices."

The Question being put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"Kingston, C. P. S.

Message to H. C. with Amendments to the Bill.

A Message was sent to the House of Commons, by Mr. Lovibond and Mr. Godfrey:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Messages from H. C. to return Fleetwood's Bill.

A Message was brought from the House of Commons, by Sir Harry Haughton and others:

To return the Bill, intituled, "An Act for vesting Part of the Estate of Richard Fletewood, late of Rossall, in the County of Lancaster, Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Lord St. John's Bill.

Also, a Message was brought from the House of Commons, by Sir John Hynde Cotton and others:

To return the Bill, intituled, "An Act to enable John Lord St. John to settle a Jointure on such Woman as he shall marry, and to make Provision for the Daughters and Younger Children of such Marriage, out of the Estate devised to him by the Will of William Lord St. John, deceased;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Bickford & Ux. versus Sir W. Pendarves, Judges to attend.

Ordered, That the Judges do attend this House, at the Hearing of the Cause wherein William Bickford Esquire and Damaris his Wife are Appellants, and Sir William Pendarves and others are Respondents.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 17^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Vis. Kingsland versus Countess of Tyrconnell, et è contra.

Whereas this Day was appointed, for hearing the Causes wherein Nicholas Lord Viscount Kingsland is Appellant, and Frances Countess of Tyrconnell is Respondent; et è contra:

It is Ordered, That the Hearing the said Causes be adjourned to Friday next; and the other Causes appointed to be heard on Cause-days be removed in Course.

Guy's Charity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for incorporating the Executors of the last Will and Testament of Thomas Guy, late of the City of London, Esquire, deceased, in order to the better Management and Disposition of the Charities given by his said last Will."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ordered, That the said Committee be at Liberty to receive a Clause, for erecting a Monument in Memory of the late Mr. Guy.

Ordered also, That it be an Instruction to the said Committee, "That they do receive a Clause, for declaring the said Bill to be a Public Act."

Lady Cass's Pet. referred to Judges.

Upon reading the Petition of Dame Elizabeth Cass, Widow and Relict of Sir John Cass Knight, deceased, late One of the Aldermen of the City of London; praying Leave to bring in a Bill, for making effectual the last Will of the said Sir John Cass, bearing Date the Fifth Day of July 1718, in order to establish the Charity ordered and designed by the said Sir John by his said last mentioned Will:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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; and do, in their said Report, certify whether the Standing Orders of this House in relation to Private Bills have been observed.

Messages from H. C. to return Lady Banastre's Bill:

A Message was brought from the House of Commons, by Mr. Hungerford and others:

To return the Bill, intituled, "An Act for vesting in Trustees the Manors of Hasilton and Turkdean, in the County of Gloucester, late the Estate of Sir William Banastre Knight, deceased, to be sold, for Payment of his Debts; and for making Provision for his Daughters and Coheirs, pursuant to their several Marriage Articles; and for other Purposes in the said Act mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Wolff's Nat. Bill;

Also, a Message was brought from the House of Commons, by Mr. Daniel Poulteney and others:

To return the Bill, intituled, "An Act to naturalize Jacob Wolff;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and the Bill for indemnifying the Masters in Chancery.

Also, a Message was brought from the House of Commons, by Mr. West and others:

To return the Bill, intituled, "An Act for indemnifying the Masters in Chancery from the Penalties of the Act of the Fifth and Sixth Years of King Edward the Sixth, against buying and selling of Offices, upon their discovering what Consideration, Price, or Gratuity, they paid, or agreed to pay, for the Purchase of, or for their Admission to, their respective Offices;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Messages from H. C. with a Bill; and to return Hales and Carrington's Bill.

Also, a Message was brought from the House of Commons, by Mr. Freman and others:

With a Bill, intituled, "An Act for repairing the Roads therein mentioned, from the Parish of Enfeild, in the County of Middlesex, to the Town of Hertford, and to the Great Bridge in Ware, in the County of Hertford;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Mr. Freman and others:

To return the Bill, intituled, "An Act to enable Stephen Hales Clerk, and Henry Carrington Gentle man, to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much Hadham in the County of Hertford, late the Estate of William Newce Esquire, deceased;" and to acquaint this House, that they have agreed to the same, with One Amendment, to which they desire the Concurrence of this House.

Then the said Amendment was read Thrice, and agreed; and is as follows; (videlicet,)

"Press 4, Line 27. After ["Heirs"], insert ["And whereas, by Indentures of Lease and Release, bearing Date respectively the Ninth and Tenth Days of May One Thousand Seven Hundred and Twelve, made between the said Henry Carrington of the one Part, and the said Thomas Bell, Henry Doughty, and William Norcliffe, of the other Part, the said Henry Carrington's Estate was accordingly settled to the Use of himself for Life, without Impeachment of Waste, Remainder to the said Jane his then Wife for her Life; and from and after the Decease of the longer Liver of them, to the Heirs of their Two Bodies, with Remainder to the Right Heirs of the said Henry Carrington for ever; which Estate, mentioned and expressed in the said Articles of Lease and Release, are of the Yearly Value of Three Hundred Pounds and upwards"]."

And a Message was sent to the House of Commons, by Mr. Lovibond and Mr. Godfrey; to acquaint them therewith.

Hertfordshire Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Roads therein mentioned, from the Parish of Enfeild, in the County of Middlesex, to the Town of Hertford, and to the Great Bridge in Ware, in the County of Hertford."

Wilkinson & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of James Wilkinson of the City of Dublin and Mary Magdalane his Wife, for themselves and in Behalf of their Insant Children, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable James Wilkinson and Trustees to make Leases for One, Two, or Three Lives, or for Years determinable on One, Two, or Three Lives, or a certain Number of Years, of the Lands, Tenements, and Hereditaments, in Ireland, comprized in his Marriage Settlement."

Litherland & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Elizabeth Litherland Widow, Seth Bamford, and Leonard Piddocke Gentleman, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable certain Trustees therein named to make a Conveyance of Lands in Thringston, in the County of Leicester, in Pursuance of Articles of Agreement entered into for that Purpose."

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed:

"1. An Act for preventing the Inconveniencies arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose; and directing in what Manner such Elections shall be afterwards made."

"2. An Act for indemnifying the Masters in Chancery, upon their discovering what Consideration, Price, or Gratuity, they paid, or agreed to pay, for the Purchase of, or for their Admission to, their respective Offices."

"3. An Act for enlarging the Term granted by an Act made in the Tenth Year of Her late Majesty's Reign, for amending and maintaining the Road between Northfleet, Gravesend, and Rochester, in the County of Kent; and for explaining the same Act; and for appropriating Part of the Money arising thereby towards repairing the Road between the Town of Chatham and Boughton under the Blean, in the said County of Kent."

"4. An Act to enable the Pier Wardens of the Town of Margate, in the County of Kent, more effectually to recover the ancient and accustomary Droits, for the Support and Maintenance of the said Pier."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Le Roy le veult."

"5. An Act to enclose the Common and Tract of Land called Croston Finney, in the County of Lancaster."

"6, An Act to enable John Lord St. John to settle a Jointure on such Woman as he shall marry; and to make Provision for the Daughters and Younger Children of such Marriage, out of the Estate devised to him by the Will of William Lord St. John, deceased."

"7. An Act to confirm and establish Articles of Agreement, between Archibald Hamilton Esquire (commonly called Lord Archibald Hamilton) of the one Part, and George Parker Esquire (commonly called Lord Parker) and other Trustees of a Charity therein mentioned of the other Part, for exchanging certain Lands in the County of Berks, belonging to the said Charity, for other Lands of a greater Value."

"8. An Act to enable Sir William Monson Baronet and George Monson Esquire, and the Survivor of them, together with John Monson Esquire, to convey and settle several Manors and Lands, in the Counties of Lincoln, Hertford, and Nottingham."

"9. An Act for vesting Part of the Estate of Richard Fletewood, late of Rossal, in the County of Lancaster, Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies."

"10. An Act for Sale of Part of the Estate of Thomas Puleston Esquire, for discharging Debts and Incumbrances affecting the same."

"11. An Act for vesting in Trustees the Manors of Hasilton and Turkdean, in the County of Gloucester, late the Estate of Sir William Banastre Knight, deceased; to be sold, for Payment of his Debts; and for making Provision for his Daughters and Coheirs, pursuant to their several Marriage Articles; and for other Purposes in the said Act mentioned."

"12. An Act to enable Stephen Hales Clerk and Henry Carrington Gentleman to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much Hadham, in the County of Hertford, late the Estate of William Newce Esquire, deceased."

"13. An Act for naturalizing Paul Broulhet."

"14. An Act to naturalize Jacob Wolff and others."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Soit fait comme il est desirè."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

York Buildings Company versus Haldane.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Governor and Company of Undertakers for raising The Thames Water in York Buildings are Appellants, and Mr. John Haldane is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after these already appointed.

Ld. and Lady Essingham versus Sir J Napier & al.

After hearing Counsel, in Part, upon the Original Appeal of Thomas Lord Howard Baron Howard of Effingham, and Elizabeth Lady Essingham his Wife, late the Widow and Relict of Sir Theophilus Napier; as also upon the Cross Appeal of Sir John Napier, by John Coppin Esquire his Guardian, to which the said Lord Howard of Effingham and the said Elizabeth Lady Effingham his Wife and others are Respondents:

It is Ordered, That To-morrow, at Eleven a Clock, this House will proceed to hear the Residue of the said Causes.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Lord and Lady Effingham versus. Sir John Naprer et al et è contra:

After hearing Counsel, as well Yesterday as this Day, upon the Original Appeal of Thomas Lord Howard Baron Howard of Effingham, and Elizabeth Lady Effingham his Wife, late the Widow and Relict of Sir Theophilus Napier; complaining of an Order, or Decree, of the Court of Chancery, made the Twelfth of December One Thousand Seven Hundred Twenty-one; and an Order of the said Court, of the Fourth of June last, in certain Causes, wherein Sir John Napier Baronet, an Infant, by his next Friend, was Plaintiff, and the Appellant Elizabeth and Francis Neale Esquire, George Buckby and Thomas Denton Gentlemen, Sir George Warburton Baronet, John Coppin Esquire, and Francis Brace Gentleman, were Defendants; and wherein the said Appellants, by Bill of Revivor, were Plaintiffs, and the said Sir John Napier, by his Guardian, and others, were Defendants; and praying, "That the same may be reversed:" As also upon the Cross Appeal of the said Sir John Napier, by John Coppin Esquire, his Guardian, to which the said Lord Howard of Effingham and the said Lady Elizabeth his Wife, together with the said Francis Neale, George Buckby, Thomas Denton, Sir George Warburton, and Francis Brace, are Respondents; complaining, "That the said Sir John Napier is aggrieved by Part of the Decree abovementioned, of the said Twelfth of December One Thousand Seven Hundred Twenty-one;" and praying Relief therein:

And the Counsel on both Sides having been fully heard; and due Consideration and Debate had of what was offered in these Causes:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That such Part of the Decree of the said Twelfth of December One Thousand Seven Hundred Twenty-one, as directs, That so much of the Estate, and the Rents and Profits thereof, as is not comprized in the Settlement made by Sir Theopbilus Napier on the Appellant the Lady Essingham, by the Deed of Settlement of the Sixteenth of July One Thousand Seven Hundred and Eighteen, shall go and be applied according to the Act of Parliament," shall be, and is hereby, affirmed: And as to so much of the said Decree, as orders the Respondent Sir John Napier's Bill to stand dismissed, so far as the same seeks to set aside the said Settlement of the Sixteenth of July One Thousand Seven Hundred and Eighteen, the same is hereby affirmed, with this Addition; (videlicet,) unless the said Sir John Napier shall, within Six Months after he shall attain his Age of Twenty-one Years, shew Cause to the Court of Chancery to the contrary:" And it is hereby further Ordered, That the Trustees do convey the Manor and Lands, comprized in the said Settlement of the Sixteenth of July One Thousand Seven Hundred and Eighteen, to the Lady Effingham and her Heirs, as the Master shall direct, unless the said Sir John Napier shall, within Six Months after he shall attain his Age of Twenty-one Years, being served with Process of the said Court for that Purpose, shew Cause to the said Court to the contrary: And it is further Ordered and Adjudged, That the Possession of the said Manor of Shitlington, and the said other Lands comprized in the said Deed of Settlement, shall be forthwith delivered to the said Appellants in the Original Appeal, who are at Liberty to hold Courts for the said Manor, in the Names of the Trustees in whom the legal Estate of the said Manor is vested; and such Trustees are to do all Acts necessary for that Purpose, being indemnified hereby for so doing; and that the Rents, Issues, and Profits, of the said Manor and Lands, comprized in the said Settlement, shall be paid unto the Appellants in the Original Appeal, and the Heirs of the said Appellant the Lady Effingham, until the said Sir John Napier shall attain his Age of Twenty-one Years, and shew Cause to the contrary as aforesaid, subject nevertheless to the further Order and Direction of the said Court of Chancery: And as to that Part of the said Decree, which relates to what the Lady Effingham is entitled to by virtue of the said Settlement; and the Lord Chancellor's Declaration, concerning the Intention of Sir Theophilus Napier, as to the Value of the Lands to be comprized in the said Settlement; and the several Allegations concerning the Manor of Shitlington; and the Order of Reference thereupon to Mr. Hiccocks, to inquire into the clear Annual Value of the said Manor, and to state the same, and also the said Annual Value of the said other Lands; and that the Respondents the Trustees should convey the said other Lands to the said Lady Effingham and her Heirs, when the Debts should be paid out of the Personal Estate of the said Sir Thcophilus; and that the Consideration of any Conveyance of the said Manor should be reserved till after the said Master should have made his Report; it is Ordered and Adjudged, That the same is hereby reversed; and also all subsequent Proceedings, Directions, and Orders, of the said Court of Chancery, pursuant thereunto, are hereby likewise set aside and reversed: And as to all the rest and Residue of the said Decree of the Twelfth of December One Thousand Seven Hundred Twenty-one, the same is hereby affirmed; with this further Direction, as to that Part of the said Decree, which orders, "That the Debts remaining unpaid should be first satisfied out of the Leasehold Estate of Sir John Napier deceased, and the Personal Estate of the said Sir Theophilus Napier," That the said Lady Effingham be first allowed, out of the said Leasehold Estate, and the Rents and Profits thereof by her received, the Fine and necessary Charges which she paid or expended upon her renewing the said Lease; and that, if the Surplus of the Money arising by or out of the said Leasehold Estate, and the Profits thereof, shall not be sufficient for the Payment of the said Debts, the Residue of the Debts remaining unsatisfied shall be paid out of the Personal Estate of the said Sir Theophilus Napier: And it is hereby further Ordered, That the said Court of Chancery do give such Directions, from Time to Time, as the said Court shall think just, for carrying this Judgement, and every Part of the said Decree, as is hereby affirmed, into Execution.

Viscount Kingsland versus Countess Tyrconnell; et è contra.

Whereas this Day was appointed, for hearing the Causes wherein Nicholas Lord Viscount Kingsland is Appellant, and Frances Countess Dowager of Tyrconnell is Respondent; et è contra:

It is Ordered, That the Hearing the said Causes be adjourned to Monday next; and the other Causes appointed on Cause-days be removed in Course.

Sir John Trelawney and his Brothers, Petition referred to Judges.

Upon reading the Petition of Sir John Trelawny Baronet, Eldest Son and Heir of Sir Jonathan Trelawny Baronet, deceased (late Lord Bishop of Winchester), and of his Brothers Edward Trelawny and Hele Trelawny Esquires; praying Leave to bring in a Bill, for vesting divers Manors or Lordships, in the County of Cornwall, in Trustees, to be sold, for discharging the Debts of the Petitioners Father, and the Petitioner Sir John; and for settling the Residue agreeable to their said Father's Settlement, as far as may be:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Raymond and Mr. Baron Gilbert; 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, and do, in their said Report, certify whether the Standing Orders of this House in relation to Private Bills have been observed.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placit. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.