DIE Veneris, 15 Martii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Bucks & Normanby.
|Ds. North & Grey.
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
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. *) 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
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
decimum nonum diem instantis Martii, hora undecima
Aurora, Dominis sic decernentibus.