House of Lords Journal Volume 20: 1 March 1718

Die Sabbati, 1 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold;" to which they desire the Concurrence of this House.

Ordered, That the said Bill be read the First Time on Monday next; and the Lords to be summoned.

Messages from H. C. to return the D. of Newcastle's Bill;

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

To return the Bill, intituled, "An Act for vesting the Manor of Esher Waterville, and other Lands therein mentioned, in the most Noble Thomas Holles Duke of Newcastle and his Heirs, in Consideration of Rentcharges to be issuing out of the same, and other Lands, in Lieu thereof, to the Use of the Corporation of Kingston upon Thames, in the County of Surrey, in Trust for the Poor of the said Town;" and to acquaint this House, that they have agreed to their Lordships Amendments to One of their Amendments to the said Bill.

the E. of Kildare's Estate Bill;

A Message from the House of Commons, by Colonel Cadogan and others:

To return the Bill, intituled, "An Act for Sale of Part of the Estate of John late Earl of Kildare, deceased, towards Payment of his Debts, and for other the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Bertie's Bill.

A Message from the House of Commons, by Sir Thomas Gross and others:

To return the Bill, intituled, "An Act for the better enabling the Honourable James Bertie Esquire to raise Portions for his Younger Children;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Lord Caher versus Nagle et al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Thomas Lord Baron of Caher 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 1716, in certain Causes, wherein the Appellant 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 Peirce late Lord Baron of Caber, Michael Kearney Fitz-Maurice, Elizabeth, James, Justin, and Charles Mac Carthy, Executors of Dennis Mac Carthy Gentleman, deceased, and Michael Kearney Fitz James, Devisee in Trust of the said Dennis Mac Carthy, were Defendants; and wherein the said Defendants, the Executors and Children of the said James Nagle, were Plaintiffs, and the Appellants and others Defendants; and praying, "That the said several Orders may be reversed, and the Appellant relieved:" As also upon the Answer of the several Parties aforenamed put in to the said Appeal; and due Consideration of what was offered on either Side in this Cause:

Decree varied.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Orders complained of in the said Appeal be so far varied, as that the Agreement of the 14th of August 1700, relating to the Lands of Ballingeary and Kealoge Ballingcary, and the pretended Confirmation thereof, of the 23d of January 1705, (the said Confirmation appearing to have been fraudulently obtained) be, and is hereby, declared to be void, as against the Appellant, the Issue in Tail of Theobald late Lord Caber; and that therefore so much of the Orders of the said Court of Chancery, complained of in the said Appeal, as directs the Accompt as to Bailingeary and Kealoge Ballingeary to be at Forty Pounds per Annum, according to the abovementioned Agreement, be, and is hereby, reversed; and the said Accompt is hereby directed to be taken upon the Foot of the Lease made by the Lady Dowager Caber, and the surviving Executor of Peirce Lord Caber, to the said Michael Kearney for Three Lives, in Trust for the said James Nagle, at the Rent of Sixty-five Pounds per Annum, for the said Lands of Ballingeary and Kealoge Ballingeary: And it is hereby further Ordered and Adjudged, That the several Orders complained of in the said Appeal, as to all other Matters therein contained, be, and are hereby, affirmed, except the Order for granting the Injunction, which is left to the said Court of Chancery to be disposed of as shall be just, in Pursuance of this Decree.

Bristol Workhouse, Bill.

Ordered, That the Bill, relating to the Hospital and Work-house at Bristol, which was appointed to be read a Second Time this Day, be read a Second Time on Wednesday next; and the Lords to be summoned.

Bank Annuities, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the Dividend of the Subscribed Lottery Annuities, and other Annuities, established by several Acts of Paliament, payable Half Yearly at the Bank of England."

Offley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Mr. John Offley, for the Debt he stands engaged for to the Crown, for the Duties on Tobacco."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Robbery, &c. to prevent, Bill referred to a Select Committee.

Whereas this Day was appointed, for the House to be put into a Committee of the whole House, to consider further of the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and the more effectual Transportation of Felons and unlawful Exporters of Wool."

The House being moved, "That the Consideration of the said Bill be referred to a Select Committee; the same being found of such a Nature, as most proper for the Consideration of such a Committee:"

It is thereupon Ordered, That the Committee of the whole House be discharged from proceeding further on the said Bill; and that it be, and is hereby, committed to the Consideration of the Lords following; 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.

Judges to attend.

Ordered, That some of the Judges do attend the said Committee.

Instruction is to the Committee.

Ordered, That it be an Instruction to the said Committee, That they do receive a Clause, for the clearing of a Doubt arising on a late Act concerning Piracy.

Ordered, That it be also an Instruction to the said Committee, that they do receive a Clause for including Deer-stealers within the Provision of the said Bill.

Mason to proceed in Exchequer, notwithstanding Oxwick's Appeal.

Upon reading the Petition of William Mason Clerk, Respondent to the Appeal of Robert Oxwick and Elizabeth (fn. 1) Simpsion, depending in this House; praying, "That the Petitioner may, notwithstanding the said Appeal, be at Liberty to proceed in the Causes that are depending in the Court of Exchequer, for the Tithes for the Years 1711, 1712, 1714, 1715, and 1716, against which there is no Relief prayed by the Appeal:"

It is Ordered, That the Petitioner may proceed in the said Court of Exchequer in any Causes there depending, except on the Decrees, Orders, and Proceedings, appealed from.

Ships stranded, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enforcing and making perpetual an Act of the Twelfth Year of Her late Majesty, intituled, An Act for the preserving of all such Ships, and Goods thereof, which shall happen to be forced on Shore, or stranded, upon the Coasts of this Kingdom, or any other of Her Majesty's Dominions."

Ludolph et al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize Martin Ludolph, Ulrick Jansen, and John Ludolph Spellerberg."

Mattocks et al. versus Cary; Service of the Order for Costs on the Silicitor, to be good.

Upon reading the Petition of Thomas Mattocks, Henry Bridges, and Thomas Amory, Respondents to the Appeal of John Cary and others; setting forth, "That the Petitioners Agents have been several Times at the said Cary's Lodgings (the other Appellants residing in Ireland) to serve him with the Order of this House of the Seventh of February last, for the Payment of the Costs on the Dismission of the said Appeal, but could never get Admittance to him; and believe he absconds, to prevent his being served with the said Order;" and praying, "That such further Order may be made, for enforcing the said Cary's Obedience, as shall seem just; and that Notice thereof to his Solicitor may be deemed good Service:"

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

It is Ordered; That the Service of the said Order of the Seventh of February on Mr. Allen, the said Cary's Solicitor on hearing the said Appeal, or on the Appellant's Clerk in Court in Ireland, or either of them, shall be good Service.

Adjourn.

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