« PreviousContinue »
« 1809, exclusive of the Casualties that took place
among the Artillery and Engineers."
2. “ Return of the Sick of the Army under the « Command of Lieutenant General Lord Viscount Wela
lington, employed in Spain and Portugal, on the 25th 66 of November 180g."
3. « Return of the Sick of the Army employed in “ Spain and Portugal under the Command of Lieutenant “ General Lord Viscount Wellington, on the 25th Deof cember 1809."
4 4.“Return of the Sick of the Army employed in Spain " and Portugal, under the Command of Lieutenant “ General Lord Viscount Wellington, on the 8th of Fe“ bruary 1810."
Which List, being read by the Clerk ;
ORDERED, That the said Papers do lie on the
ORDERED, That the said Papers be printed.
Proceedings It was moved, “That so much of an A& made in the
“the further Regulation of the Trial of Persons ac-
a Court of Judicature, be now read :"
Ordered, That the Clerk do take the Lists laid upon
The Lords following were appointed a Committee to
Their Lordships, or any Five of them, to meet
To-morrow, at Ten o'clock in the Forenoon, in
and to adjourn as they please.
Hodie za vice lefta eft Billa, intituled, “ An Act for Ld. Welling" settling and securing a certain Annuity on Viscount tom's
" Whether this Bill shall
the Lords Commons, by Mr. Stanley and Mr. Thomson :
have agreed To acquaint them, That the Lords have agreed to the to the Eight
preceding said Bills, without any Amendment.
Hodie 3* vice le&ta eft Billa, intituled, " An Act to A Certificate from the Right Honourable Richard Reinholdt af “ enlarge the Term and Powers of Two Acts of His Ryder, One of His Majesty's Principal Secretaries of Uhr's Certi• present Majesty, so far as the same relate to the Road State, “ That Andrew Reinholdt af Uhr, Son of David
Proof that he had conformed, in all Respects, to
" the Laws and Regulations respecting Aliens arriving
United Kingdom called Great Bri-
“ tain, or resident therein, and that he is a Person well
« affected to His Majesty's Royal Person and Govern-
“ ment, and of orderly Life and Conduct," was pro-
Hodie 2* vice le&ta eft Billa, intituled, “ An Act for Bill read. " described, so far as the said Acts relate to the District
“ naturalizing Andrew Reinholdt af Ubr.”
to Blackburn and Whalley, all in the County Palatine Consideration of the Lords following:
« other Order in the Premises, as to their Lordships
« shall seem meet :"
It is ORDERED, That the Consideration of the said
Petition be, and is hereby referred to the Lord Chief
To-morrow, at Ten o'clock in the Forenoon, Chief Baron of the Court of Exchequer, who are forth-
after hearing them, are to report to the House the State
Hands; and whether all Parties, who may be concerned
“ chanan and her Husband are Appellants, and David and also, that the Judges, having perused the Bill, do
Snodgrass Buchanan Esquire is Respondent :" fign the same.
It is ORDERED, That this House will hear the said Upon reading the Petition and Appeal of William Scott Scott againt Cause, by Counsel at the Bar, on the first vacant Day of Parton, Esquire, complaining of an Interlocutor of Sir J. Gordon for Causes after those already appointed. the Stewart Substitute of the Stewartry of Kirkcudbright,
of the 26th of December 1809; also of an Interlocutor of Chalmer to The House being moved, “ That James Chalmer, of the Lord Ordinary in Scotland, of the 8th Day of March
Abingdon Street, Westminster, Gentleman, may be 1810; and also of an Interlocutor of the Lords of Recogni
“ permitted to enter into a Recognizance for John Session there, of the Toth Day of March 1810; and Browo's “ Brown, Merchant in Saint Andrew's, on account of praying, “ That the same may be reversed, varied, or Appeal. “ his Appeal depending in this House, he living in Scot 66 amended, or that the Appellant may have such Relief 66 land :"
“ in the Premises, as to this House, in their Lordships It is ORDERED, That the said James Chalmer may great Wisdom, shall seem meet; and that Dame Mary enter into a Recognizance for the said Appellant, as
“ Lucy Elizabeth Glendonwyn, otherwise Gordon, Spouse desired.
“ of Sir James Gordon of Letterfourie, Baronet, and the
co said Sir James Gordon for his Interest, may be required Lousada' et Upon reading the Petition and Appeal of Emanuel
“ to answer the faid Appeal :" al. against
Baruch Lousada of Sidemouth, in the County of Devon, Bremner :
It is ORDERED, That the said Dame Mary Lucy on behalf of himself and others, the preferable Creditors
Elizabeth Glendonwyn, and her said Husband, may have of the Governor and Company of Undertakers for raising a Copy of the said 'Appeal, and do put in their Answer
, Thames Water in York Buildings, and of Archibald
or respective Answers thereunto, in Writing, on or beSwinton, Writer to the Signet, his Commissioner and fore Tuesday the 10th Day of April next; and Service of Attorney, complaining of an Interlocutor of the Lords this Order upon any of the known Counsel or Agents of of Session in Scotland, of the roth of March 1810; and the said Respondents in the Court of Session in Scotland, praying, “ That the same may be reversed or altered, or shall be deemed good Service. « that the Appellants may have such other Relief in the « Premises, as to this House, in their Lordships great Upon reading the Petition of Paul William Bertheau, Bertheau for “ Wisdom, shall seem meet; and that James Bremner, praying Leave to bring in a Bill for his Naturalization :
tion Bill : “ Writer in Edinburgh, may be required to answer the « faid Appeal :"
It is ORDERED, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
The said Bill was read the First Time.
Upon reading the Petition of the Reverend Richard Phillipson et Mundell to The House being moved, “ That Alexander Mundell Burton Burton Phillipson of Brighthelmstone, in the al. Leave to enter into
“ of Parliament Street, Westminster, Gentleman, may be County of Sussex, Clerk, Georgiana Prevor Rodney Burton present a PeRecogni. zance on it.
“ permitted to enter into a Recognizance for Emanuel Phillipson of the same Place, Spinster, and Grace Goodlad lition “ Baruch Lousada and others, on account of their of Pall Mall, in the County of Middlesex, Widow; set
, “ Appeal depending in this House, they residing in ting forth,“ That a Petition to their Lórdships was lately " Scotland :"
“ prepared on the Part of the Petitioners, and also of
“ George Burton Phillipson of the City of Peterborough, It is ORDERED, That the said Alexander Mundell may “ in the County of Northampton ; William Orange of enter into a Recognizance for the faid Appellants, as “ Wentworth House, in the County of Suffolk, Esquire, desired.
“ late Major in His Majesty's Army, on behalf of his
“ Infant Children William Nesbitt Orange, Charles BurStratton's Upon reading the Petition of Hester Eleanor Stratton
“ ton Orange, Augustus Richard Orange, John Edward Petition to of Great Tew, in the County of Oxford, Widow; set “ Orange, and Louisa Eliza Orange, by Eliza his Wife, change ting forth, “ That the Petitioner, together with George “ who was before her Marriage Eliza Phillipson Spinster, Judges.
“ Frederick Stratton of Great Tew aforefaid, Esquire, “ as their Guardian ; Wright Thomas Squire, of the City
were pleased to refer to the Confideration of Mr. Juf a Lieutenant in His Majesty's Seventh Regiment of
were obliged to go their respective Circuits before "s certain Instruments and Assurances, whereby it ap56 the Petitioner could be prepared to attend them with peared, that divers Estates, situate at Nettlefiead, in “ the necessary Proofs on the said Petition, in conse “ the County of Suffolk, and Ashtead, in the County of
quence whereof the said Judges have not met thereon, “ Surrey, became vested as to Five Seventh undivided “ nor have any Proceedings been had on the said Peti “ Parts or Shares, and Five Sixths of another undivided « tion; and therefore praying their Lordships, That the " Seventh Part or Share in the Petitioners, the said « Confideration of the aforesaid Petition may be referred Georgiana Trevor Rodney Burton Phillipson and Gruce 16 to the Lord Chief Justice of the Court of Common “ Goodlad, and the said George Burton Phillipson, Mary " Pleas, and the Lord Chief Baron of the Court of
“ Burton Squire, and John Burton Phillipfon, (who had “ Exchequer, or that their Lordships will make such respectively attained their respective Ages of Twenty
one Years), as Tenants in common in Tail, and as to " aforesaid, to which Place the said Mesleriger pro" another undivided Seventh Part or Share, and One “ ceeded, and was there informed that the said William " Sixth of an undivided Seventh Part or Share in “ Orange was at Liverpool, where the said Messenger at " the said William Nesbitt Orange, the eldest Son of
found the said William Orange, and obtained “ the said William Orange, as Tenant in Tail there “ his Signature to the said Petition : That being appre. “ of; and the said Petition also stated, that by virtue “ hensive that the said Petition would be wanted in “ of an Indenture of Bargain and Sale (duly en “ London, the said Messenger returned there without “ rolled in Chancery), bearing Date the 15th Day of obtaining the Signature of the said John Burton Phil« January last, and of a common Recovery duly suf “ lipson, having first gone to Peterborough aforesaid, and “ fered in or as of Hilary Term last, in pursuance of got the said Petition signed by the said Wright Thomas 4 the same Indenture, the Parts or Shares to which the Squire and Mary Burton his Wife, and allo the said “ said John Burton Phillipson became entitled in Manner George Burton Phillipfon : That the said Messenger was “ therein before mentioned, of and in the Premises “ afterwards obliged to make a Journey to Gate, bead in “ therein-before described, then stood limited to the “ the County of Durham aforesaid, to obtain the Signa6 Use of the Petitioner, the said Richard Burton Bur “ ture of the said John Burton Phillipson to the said
Peti“ ton Phillipson, his Executors, Administrators, and " tion, and after his Return to London the second Time, “ Assigns, for the Term of One thousand Years, by “ the said Petition was necessarily dispatched to Bright
way of Mortgage, for securing the Payment to him “ helmstone aforesaid for the Signatures of the Petitioners « or them of the Sum of six hundred Pounds and In “ the said Reverend Richard Burton Burton Phillipson “terest, with Remainder to the Use of the said John “ and Georgiana Trevor Rodney Burton Phillipson, who “ Burton Pbillipson, his Heirs and Asigns; and the said was then resident at the last-mentioned Place : That « Petition also stated, that from the compact Nature of “ in the Progress of the said Messenger through the se. " the Nettlestead Estates therein-before described, which “ veral Counties before mentioned, his Journey was “ are therein mentioned to lie together and not inter “ much impeded by bad Weather and the Want of Con“ mixed with other Property, and from the desirable “ veyances, a considerable Part of the said Journey be" Locality thereof, the fame being situate near to the « ing through Cross Roads where public Carriages were
of Ipswich, Hadleigh, Bildeston, and Stow not to be met with ; but notwithstanding those Dis. " market, and from the Circumstance of their compre " advantages, the said Messenger would have returned “ hending a Manor and Advowson and Tythes, and also “ in Time to have enabled the Petitioners to present the “ from certain peculiar Advantages attending the Estate “ faid Petition to this House by the Day limited by their " at Ashtead aforesaid, there was every Reason to be. “ Lordships Order for that Purpose, but for the acci. “ lieve that they might be sold to great Advantage, and cc dental Absence of some of the Parties to the said Peti" that the Income of the Money to be produced by the « tion as before mentioned: That the several Journies “ Sale thereof, would be considerably greater than the “ taken by the said Messenger as aforesaid exceeded the
annual Amount of the Rents and Profits of the said “ Amount of Eleven hundred Miles : That by reason “ Estates; and that the said Petitioners were desirous of o of the Premises the Petitioners were unable to prefer “ effectuating fuch Sale, but that by reason of the In as their Petition to this House by the Time limited for “ fancy of the Children of the said William Orange, the " that Purpose by their Lordships Order; and therefore
Entirety of the said Estates could not be sold without praying their Lordships, on Behalf of themselves and " the Aid and Authority of Parliament; whereforethe said " the other Petitioners in the aforesaid Petition, that, in “ Petitioners most humbly prayed their Lordships, that “ Consideration of the Circumstances above mentioned, " Leave might be given to bring in a Bill for effectuat " Leave may be given to present the Petition herein“ ing the Purpose aforesaid, or to grant such other Re “ before mentioned to have been prepared, and which “ lief in the Premises, as to their Lordships, in their “ had been duly signed by all the Parties thereto, or to
great Wisdoin, should seem expedient : That the said grant such other Relief in the Premises, as to their “ George Burton Phillipson, one of the said Petitioners “ Lordships, in their great Wisdom, shall seem ex“ for the proposed Bill, resides at Peterborough, in the " “ County of Northampton, the said William Orange at It is ORDERED, That the said Petition be now re“ Birkin' Head Priory, in the County Palatine of Chef- ceived.
ter, the said Wright Thomas Squire and Mary Burton “ his Wife at Peterborough aforesaid, the said John Bur
Accordingly, Upon reading the Petition of the Reve. Petition rea “ ton Phillipson at Macclesfield, in the County of Chester "rend Richard Burton Burton Phillipson of Brighthelm- ferred to “ aforesaid, the Petitioners the Reverend Richard Bur- stone, in the County of Sussex, Clerk; Grace Goodiad of Judges. ton Burton Phillipson and Georgiana Trevor Rodney Pall Mall
, in the County of Middlesex (heretofore the * Burton Phillipson at Brighthelmstone, in the County of Wife and afterwards the Widow of Lieutenant Colonel
Sufsex, and the Petitioner Grace Goodlad in the County Henry Couper, late of the Sixtieth Regiment of Foot, " of Middlesex : That on the 22d Day of February last, deceased, and afterwards the Wife and now the Widow
a Messenger was dispatched by Mr. Egerton, the Pea of Captain William Goodlad of Camden Town, Middlesex, “titioner's Agent, from London, with Directions to ob- deceased; and, previously to her being married, Grace “ tain the Signatures of the said George Burton Phillip. Phillipson Spinster); George Burton Phillipson of the fon, William Orange, Wright Thomas
, Squire and City of Peterborough, in the County of Northampton, “ Mary Burton his Wife, John Burton Phillipson, and Esquire ; William Orange of Wentworth House, in the “ Georgiana Trevor Rodney Burton Phillipson, (who County of Suffolk, Esquire, and late a Major in His “ until lately resided and was then supposed to reside at Majesty's Army, on Behalf of his Infant Children, Wil. “ Peterborough aforesaid), to the said proposed Petition liam Nesbitt Orange, Charles Burton Orange, Augustus " to this House ; but on the faid Messenger's Arrival Richard Orange, John Edward Orange, and Louisa
at Chester, where he expected to find the faid William Eliza Orange, by Eliza his late Wife, who was before
Orange, the faid Messenger could not obtain any In- her Marriage Eliza Phillipson Spinster, as their Guar“ formation respecting him, whereupon the faid Mef- dian; Wright Thomas Squire of the City of Peterborough, “ senger proceeded to Macclesfield, in the said County in the County of Northampton, Esquire, and Mary Bur“ Palatine, in order to get the signature of the said ton his Wife (late Mary Burton Phillipson Spinster); “ John Burton Phillipson, whose Regiment or Part John Burton Phillipson Esquire, a Lieutenant in His “ thereof was there quartered ; but the said John Bur- Majesty's Seventh Regiment of Dragoon Guards; and “ ton Phillipson had obtained Leave of Absence, and Georgiana Trevor Rodney Burton Phillipson of Brighthelm
was gone to the Neighbourhood of Gateshead, in the stone, in the County of Sussex, Spinster ; praying Leave “ County of Durham: That the said Messenger was di. to bring in a Bill for the Purposes in the said Petition “ rected to proceed and did proceed to Buxton in Der- mentioned : “ byshire, to obtain Information as to the present Resi. It is ORDERED, That the Confideration of the faid “ dence of the said William Orange, and learned that the Petition be, and is hereby referred to the Lord Chief “ faid William Orange was then at Birkin Head Priory Justice of the Court of Common Pleas and Mr. Justice
Heath, who are forthwith to fummon all Parties con “ Bedford, therein called by the Name of the Testator's cerned in the Bill, and, after hearing them, are to report“ Daughter Frances, her Heirs and Assigns for ever, in to the House the State of the Case, with their Opinion “ case the should attain the Age of Twenty-three Years, thereupon, under their Hands; and whether all Parties,” or marry before that Time by and with the previous who may be concerned in the Consequences of the Bill,“ Consent and Approbation of her Guardian or Guarhave signed the Petition ; and also, that the Judges, hav “dians then living, or the major Part of them then ing perused the Bill, do fign the fame.
“ living ; but in case she should marry before that Age
“ without such Consent, the Testator then directed his Austen et al. Upon reading the Petition of Henry Edmund Austen of
" said Trustees immediately on such Marriage to convey, Leave to pre. Shalford House, in the County of Surrey, Esquire, on sent a Peti
“ settle, and assure the said Freehold and Copyhold Behalf of himself and his Infant Children; and of the tion for a
" Estates to the Use and Behoof of the said Frances Bill : faid Henry Edmund Aufsen, Charles Bedford Esquire, « Ann
Bedford for her Life, with Remainder to Trusand George Bedford Esquire, the Guardians of and on Behalf of Edward Henry Bedford an Infant; setting « preserve contingent Remainders,
with Remainder to
tees and their Heirs during her Life, upon Trust to forth, “ That Robert Austen Esquire, being so seised in
“ the Use of the First and every other Son of the Body “ Fee Simple of and in divers Freehold Estates, and « also seifed in Fee of several Copyhold Estates, duly « cessively in Tail General, according to their Seniority
“ of the said Frances Ann Bedford lawfully begotten, suc“ made and published his last Will and Testament, in
« of Age ; and in Default of such Iflue, to the Use of “ Writing, bearing Date the 26th of December in the
“ the First and every other Daughter of the Body of the “ Year 1796, and thereby he gave to his Daughters, « Frances Ann the late Wife of John Bedford Esquire, « in Tail General,
according to Seniority of Age; and
" said Frances Ann Bedford lawfully begotten, successively “ and Elizabeth Austen, by the Description of his Chil
“ in Default of such Issue, or in case the said Frances “dren Frances and Elizabeth, the Sum of Three thou
" Ann Bedford should die under the Age of Twenty“ fand Pounds a-piece, in case they attained their re
" three Years, without having been married, then with “ spective Ages of Twenty-one Years, with Benefit of
“ Remainder to the said Elizabeth Auften, the Testator's “ Survivorship in case either of them should die before
“ Daughter, her Heirs and Afligns for ever, in case “ attaining that Age; and he gave several other pecu
« she should attain her Age of Twenty-three Years, or “ niary Legacies; and directed his Trustees to allow “ Maintenance to his Children out of the Rents, Pro
“ marry under that Age with such Consent and Appro
" bation of Guardians as aforesaid ; but if she should “fits, and Interest and Dividends of his Real and Per« fonal Estate ; and he gave, devised, and bequeathed « Approbation, then his said Trustees should settle the
“ marry before that Age without such Consent and “all and every his Manors, Messuages, Lands, Tene
“ aforesaid Freehold and Copyhold Premises to the “ments, Tythes, and Hereditaments, Freehold, Copy. “ hold, and Leasehold, and not in Settlement and over
“ Use of the said Elizabeth Auften for her Life, with
" Remainder to Trustees to preserve contingent Re“ which he had any Power of Disposition, and not « therein-before of* (though in point of Fa&t no Disposi- « in Tail General successively, according to Seniority of
"mainders, with Remainder to her first and other Sons “tion had been previously made in the said Will of any
“ Age; with Remainder to her first and other Daughters “ Real Estate); and also the Reversion in Fee of his
" in Tail General successively, according to Seniority of " Real Estates in the County of Surrey, which were in “ Settlement; and also all and every part and Parcel of
" Age; and in Default of such Issue, or in case the said “ his Personal Estate, of what Nature or Kind soever,
“ Elizabeth should die under the Age of Twenty-three “ not thereby before disposed of (except his large Dia.
46 Years, without having been married, then to the Use
" and Behoof of the above-named William Bray, his “ mond Ring, his Books, Manuscripts, Pictures, Draw
“ Heirs and Assigns for ever : And the said Testator “ ings, Medals, and Coins), unto Henry Halsey of Hen« ley Park, in the said County of Surrey, Esquire ; « containing some of the Hair of
his late Uncie Robert
" thereby willed and directed, that his Diamond Ring, “ Lannoy Richard Coussmaker of Upper Gower Street, in
“ Auften Esquire, deceased, and also all his Books, “ the County of Middlesex, Esquire ; and William Bray
“ Manuscripts, Pictures, Drawings, Medals, and Coins, “ of Great Rufel Street, Bloomsbury, Esquire, their “ Heirs, Executors, and Administrators, according to
" should be considered as Heir Looms, and go, with his « the different Nature and Quality of his faid Estates
“ Mansion House at Shalford, to his Children and their
“ Issue, in Manner as above limited : Provided always, respectively: In Trust, to convey and assign the same
" that no Person taking an Estate Tail by Purchase in “ Real and Personal Estates respectively, and all the “ Savings and Increase thereof, unto his Son the said
“ his faid devised Real Estates, under the Limitations “ Henry Edmund Auften, and his Heirs, Executors, and
“aforesaid, should be entitled to the absolute Interest in
6 the Chattels therein-before directed to be considered as « Administrators for ever, when and so soon as he “ should attain his Age of Twenty-one Years, or marry
“ Heir Looms, unless he or she should attain the Age “ before that Age, by and with the previous Consent
“ of Twenty-one Years, or die under that Age, leaving “ and Approbation of his Guardian or Guardians, or
“ Issue; but if all his Children should die without Issue “ the major Part of them living ; but in cafe he should
“ as aforesaid, then he gave and devised his faid Ring, marry before that Age without such Consent, the said
" Printed Books, Pictures, and Drawings, to his Friend “ Testator then directed his faid Trustees immediately
" the said William Bray, and all his Manuscript Books, “ on such Marriage to convey, settle, and affure all and
“ Medals, and Coins, to the Trustees of the Britisha
“ Museum, to be by them deposited in the faid Museum, every Part of his said Freehold and Copyhold Estates to the Use of his the Testator's said Son Henry Ed
" and made Part thereof, (except such of his Medals
" and Coins as would make the said Trustees to have mund, therein called Henry, for his Life, with Re. “ mainder to Trustees and their Heirs during his Life,
“ Duplicates); and such Medals and Coins as should be “ upon Trust to preserve contingent Remainders, with
“ found to be Duplicates, he the said Testator gave to “ Remainder to the Use of the First and every other
" the aforesaid William Bray; and he directed that an “ Son of the Body of his faid Son Henry Edmund law
“ exact and true Catalogue of the said Books, Manu“ fully begotten, fuccefsively in Tail General, according “ an Inventory of his Plate, should
be made out, within
“ fcripts, Pictures, Drawings, Medals, and Coins, and to their Seniority of Age; and in Default of such “ Issue, to the Use of the First and every other Daugh
“ Three Calendar Months next after his Decease, and « ter of the Body of his faid Son lawfully begotten, of them to be delivered to, and remain in the Hands
fairly written, and entered in Three Books, and one “ successively in Tail General, according to Seniority of “ Age; and in Default of such Issue, or in case his said
5 of each of them, the faid Henry Halsey, Lannoy “Son should die under the Age of Twenty-one without
“ Richard Coussmaker, and William Bray, and another “ having been married, then in Trust to convey, settle,
“ fair Copy of the Catalogue, so far as related to the " and assure all and every his the Testator's said Free
“ Manuscript Books, Medals, and Coins, should be “ hold and Copyhold Estates to the faid Frances Ann
“ made and given to the Trustees of the British Museum,
“ within the Time above specified : That the said TefSic.
“ tator duly signed and published a Codicil to his faid
“ Will, bearing Date the rst Day of November, in the - Freehold Hereditaments thereby devised as aforesaid, 6. Year 1797 ; and after reciting, that the Trustees of or such of the said Trusts, Intents, and Purposes, 66 Mr.Webb had proposed to sell him the Estate com “ and Directions, as were then subsisting, undetermined, “ monly called Titnig, in the Parishes of Saint Martha “ and capable of taking Effect: That by a Decree made “ on-the-Hill and Shalford, in the said County of Surrey, " by the Lord High Chancellor of Great Britain on the “ or in some adjoining Parishes or Places, he the said “ 25th Day of June, in the Year 1799, in a Cause then de « Testator did, in case of his Death before he should pending in the High Court of Chancery, wherein “ have completed the Purchase, authorize and expressly " the said Frances Ann Bedford, by her then Name of “ direct the Trustees and Executors named in his Will, “ Frances Ann Austen, and Elizabeth Austen, both then “ and the Survivors and Survivor of them, and the Execu Infants, by their Guardian, were Plaintiffs, and the
tors and Administrators of such Survivor, to make or " said Henry Halsey, Lannoy Richard Coussmaker, Wila “ complete such Purchase, as soon as might be, and to “ liam Bray, and Henry Edmund Austen, were Defend“ settle the said Estate, when purchased, to the Uses in his ants; it was declared, That the said Will and Codicil “ Will directed, concerning his other Eftates; and he gave “ of the said Testator Robert Austen, dated respectively " them Power to apply his Personal Estate for that Pur " the 26th Day of December 1796, and the ist Day of “ pose : That the said Robert Austen died on the Third “ November 1797, were well proved, and that the same “ Day of the same Month of November 1797, without " ought to be established, and the Trusts thereof per“ having revoked or altered his said Will otherwise than “ formed and carried into Execution : That by a subse.
by the said Codicil, and without having revoked or quent Order made in the said Cause, on the 27th “ altered the said Codicil ; and the same Will and « Day of November, in the Year 1801, it was declared, “ Codicil were duly proved by all the said Executors, in “ that the Estate called Titnig, contracted for by the " the Prerogative Court of Canterbury, and afterwards “ said Testator Robert Austen, and mentioned in the said
per Testes in the High Court of Chancery: That the “ Codicil to his Will, was subject to the Uses in his faid “ laid Robert Austen duly surrendered such of his Copy." Will: That the said Henry Edmund Austen intermar“ hold Tenements as are holden of the Manors of “ ried with Ann Amelia Bate his now Wife on the 2ift “ Shalford, Bradston, and Shalford Clifford, to the Uses “ Day of October, in the Year 1805, without the Con. “ of his Will: That by Indentures of Leafe and Release, “ sent of his Guardians, or the major Part of them, he “ bearing Date respectively the 21st and 22d Days of being then under the Age of Twenty-one Years : Thať “ June, in the Year 1798, the Release made, or ex " the said Henry Edmund Austen afterwards attained the s pressed to be made, between the Reverend William “ Age of Twenty-one Years, videlicet, on the 20th « Bell, Doctor in Divinity, and Arthur Heywood Esquire, Day of May in the Year 1806: That the said Frances “ of the First Part, Philip Smith Webb Esquire, of the “ Ann Bedford attained her Age of Twenty-one Years “ Second Part, and the said Henry Halsey, Lannoy " on the 20th Day of April in the Year 1809, and in“ Richard Coussmaker, and William Bray, of the Third “ termarried with the said John Bedford, with the Con“ Part, reciting (amongst other Things) the Will and « sent and Approbation of the major Part of her Guar“ Codicil of the said Robert Austen, and his Death, and “ dians, in the Month of July in the Year 1800, and " the Contract for the Purchase of the said Estate called “ afterwards attained her Age of Twenty-three Years : “ Titnig, and the Payment of the Purchase Money by " That by a Decree of the said Court of Chancery, “ the faid Henry Halsey, Lannoy Richard Coussmaker, bearing Date the 24th of November 1806, in a Sup" and William Bray, all those the Manors or Lordships, plemental Suit filed by the said John Bedford and “ or reputed Manors or Lordships, of Titnig and Shal “ Frances Ann his Wife, and Elizabeth Austen, against
ford Heath, with their several Rights, Members, and “ the faid Henry Halsey, Lannoy Richard Coussmaker, “ Appurtenances, in the County of Surrey aforesaid; and “ William Bray, and Henry Edmund Auften, and against “ all that Farm, commonly called or known by the Name John Sewell Doctor of Laws, therein stated to be out “ of Tyteing and Shalford Heath Farm, or by what other “ of the Jurisdiction of the said Court, it was ordered “ Name or Names the same, or any Part thereof, was or “ and decreed, that it should be referred to Mr. Harvey,
were called; and all those Messuages, Lands, and Here “ One of the Masters of the said Court, to whom the faid “ ditaments, with their Appurtenances to the said Manors, “ original Cause stood referred, to consider of a proper
or reputed Manors, and Farm belonging, or in anywise “ Settlement to be made of the Freehold and Copyhold “ appertaining, or therewith used, occupied, or enjoyed, • Estates of the Testator, and of the Heir Looms, ac“ situate, lying, and being in the Parish of Saint Martha, cording to the Directions contained in his Will : That « alias Martyr Hill, alias Martyr-upon-the-Hill, and in “ the said John Bedford died at Barbadoes on the 20th “ Albury Merrow, Shalford, and Tyteing, in the County “ Day of September 1807, and the said Frances Ann his 6 of Surrey, or some or one of them, and containing " Wife died on her Passage from thence, leaving Issue " by Estimation Four hundred and eighty Acres, (be “ the said Edward Henry Bedford, her eldest Son and “ the same more or less), and theretofore used and oc “ Heir at Law, an Infant of the Age of Eight Years or
cupied as distinct Farms, and called or known by the “ thereabouts : That the said Henry Halsey died on the « several Names of Upper Tyteing, Lower Tyteing, Shal “ 19th Day of June 1808 : That the said Henry Ed. “ ford Heath, and Ricketts Well, or by some or one of “ mund Austen has Issue Two Sons by the faid Ann “ those Names, but had been of late Years occupied “ Amelia his. Wife, videlicet, Robert Alfred Cloyne “ together as one Farm, and called or known by the « Austen his eldest Son, of the Age of Two Years or “ Names of Tyteing and Shalford Heath Farm; and also all " thereabouts; and Henry Edmund Auften, of the Age “ that Close of Land containing by Estimation Four Acres " of One Year or thereabouts: That by a Decree made “ (be the same more or less) situate, lying, and being in “ on the 2d Day of August 1809, by his Honour the “ Shalford aforesaid, whereupon a Mesluage or Tene “ Master of the Rolls, in Two Supplemental Suits, “ ment and Barn then formerly stood; all which said 6 which came on to be heard together, in one of which “ Hereditaments and Premises were formerly in the “ the said Edward Henry Bedford was Plaintiff, and the " Occupation of Robert Reid, Nicholas James, and Tho " said Lannoy Richard Cousmaker, William Bray, and
mas Jackman, some or one of them, but were then in Henry Edmund Austen and John Sewell were Defendants, " the Tenure or Occupation of Gabriel Ride, his Under 6 and in the other of which the said Robert Alfred Cloyne “ tenants or Afligns, with the Timber and Timber-like, “ Austen was Plaintiff, and the before-named Persons " and other Trees thereon, Easements and Appurte- “ were Defendants, it was declared, that the faid Robert “ nances to the fame Premises belonging, were duly “ Alfred Cloyne Austen, the Plaintiff in the said Cause, “ appointed and conveyed unto and to the Use of the “ Austen against Coussmaker and others, was entitled to “ said Henry Halsey, Lannoy Richard Cousmaker, and " the Benefit of the former Suit and Proceedings therein “ Henry Bray, their Heirs and Alligns, for ever, upon “ mentioned, and his Honour did order and decree the " the Trusts, and to and for the Intents and Purposes, “ fame accordingly; and it was ordered, that the said 6 and under and subject to the Directions in and by the “ Master should consider of a proper Settlement, as by « said Will and Codicil of the said Robert Austen de. “ the Decree in the former Cause, bearing Date the “ ceased, declared or expressed of and concerning the “ 24th Day of November 1806, and a subsequent Order Vol. XLVII.