House of Lords Journal Volume 20
12 March 1717

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 20: 12 March 1717', Journal of the House of Lords: volume 20: 1714-1717 (1767-1830), pp. 425-426. URL: http://www.british-history.ac.uk/report.aspx?compid=38626 Date accessed: 30 August 2014.


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DIE Martis, 12 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Sarum.
Epus. Carliol.
Epus. Landav.
Epus. Gloucestr.
Epus. Exon.
Ds. Cowper, Cancellarius.
Dux Devon, Præses.
Dux Kingston, C. P. S.
Dux Bucks & Normanby.
March. Annandale.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Berkshire.
Comes Stamford.
Comes Sunderland.
Comes Clarendon.
Comes Burlington.
Comes Rochester.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Orford.
Comes Jersey.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Tankerville.
Viscount Say & Seale.
Viscount Longueville.
Viscount Tadcaster.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Lumley.
Ds. Guilford.
Ds. Harcourt.
Ds. Boyl.
Ds. Foley.
Ds. Carleton.
Ds. Coningesby.

PRAYERS.

Trustees for stopping the Breach in the Thames at Havering and Dagenham, Papers delivered from;

The House being informed, "That a Person from the Trustees for repairing the Breach in the River of Thomes, at Havering and Dagenham, attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of Parliament made in the Twelfth Year of Her late Majesty's Reign, for preserving the Navigation of the River of Thames, by stopping the Breach in the Levels of Havering and Dagenham, in the County of Essex, Two Papers, intituled as follows:

"24th December 1716, Dagenham Breach Accompt."

"26th January 1715, Copy of Captain John Perry's Contract, for the stopping of Dagenham Breach."

And withdrew.

And the said Titles being read:

Committee to consider of them.

The Lords following were appointed a Committee, to consider of the said Papers, and report to the House; videlicet,

E. Westmorland.
E. Manchester.
E. Stamford.
E. Clarendon.
E. Abingdon.
E. Warrington.
L. Bp. London.
L. B. Sarum.
L. B. Exon.
Ld. Lumley.
L. Foley.
L. Cobham.
L. Coningesby.

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.

Visc. Montague versus Maxwell, for further hearing his Cause.

Upon reading the Petition of Henry Lord Viscount Mountague; setting forth, "That, on hearing his Appeal, whereunto Sir George Maxwell and Viscountess Dowager Mountague his Wife were Respondents, the Seventeenth Day of May last, several Directions were given by this House; and as to some of the Points in Question, the Consideration thereof was reserved, till after an Issue which the Court of Chancery was ordered to direct should be tried; which has been accordingly tried, and a Verdict given, "That the late Lord Viscount Mountague was not of sane Memory at the Time of the Execution of the Codicil in Question;" and praying, "That a Day may be appointed, for the further hearing this Cause; and that the Petitioner may be relieved as to the Matters reserved, and also in all other respects as it shall seem just, in regard to the great Alteration now made in the Petitioner's whole Cause by the said Verdict:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will accordingly hear Counsel, at the Bar, on Tuesday the Twentysixth Day of this Instant March, at Eleven a Clock.

Moor & al. versus Mattocks, Order for Writings.

Upon reading the Petition of Boyl Moor and others; setting forth, "That the Petitioners apprehend, it will be necessary there shuld be produced, at the hearing their Appeal in this House, whereunto Thomas Mattocks and others are Respondents, the Tenants Leases of the Premises in Question, and the Defeasance in the Plaintiffs Bill mentioned, which were produced before the Master, and which were by the Court of Chancery in Ireland ordered to be produced at the Hearing there;" and praying, "That the same may be produced in this House, when the Appeal shall come on to be heard:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Leases and Defeasance be produced accordingly, when the said Appeal shall come on to be heard in this House; and that Notice be forthwith given of this Order.

Austen & al. versus Nicholas.

Upon reading the Petition and Appeal of Robert Austen Esquire, Elizabeth Austen Widow, Thomas Eames, John Wilkins, and Edward Elkins; complaining of a Decree of the Court of Exchequer, made the Nineteenth Day of May 1715, in a Cause wherein Matbew Nicholas Clerk was Plaintiff, and the Appellants Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Matbew Nicholas may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Twenty-sixth Day of March next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.