of the 9th of August 1776, and the 27th of February, the 11th of March, and 7th of July 1779; and praying, "That "the fame may be reverfed, varied, or amended, or that "the Appellants may have fuch other Relief in the Pre"mises, as to this Houfe in their Lordships' great Wif "dom fhall feem meet; and that John Paterfon, and "William McCulloch of Chapelroffan, Ifobel Young, the “Widow of Gabriel M Cormick deceased, and Margaret "Agnes, John Ifobel, and James McCormick, and their "Tutors and Curators, if they any have, Executors, and "as reprefenting the faid Gabriel M'Cormick, may be "required to answer the faid Appeal :" It is ORDERED, That the faid John Paterson, and the faid feveral other Perfons last named, may have a Copy of the faid Appeal, and do put in their Ánfwer or relpective Answers thereunto, in Writing, on or before Friday the 19th Day of December next: And Service of this Order upon the faid Refpondents, or upon any of their known Counsel or Agents in the Court of Seffion in Scotland, fhall be deemed good Service. The House being moved, "That James Chalmer of "Buckingham Street York Buildings, Gentleman, may "be permitted to enter into a Recognizance for Meffrs. "MClure and M'Cree, Merchants in Ayr, on account "of their Appeal depending in this House, they living "in Scotland;" It is ORDERED, That the faid James Chalmer may enter into a Recognizance for the said Appellants, as defired. Upon reading the Petition of William Crawford, Deagainst Craw- fendant in a Writ of Error depending in this Houfe, wherein Robert Kennett is Plaintiff, fetting forth, "That "the Plaintiff has not affigned Errors within the Time "limited by their Lordships' standing Órder;" and therefore praying, "That the faid Writ of Error may "be non-pros'd with fuch Cofts as to their Lordships Writ of Er ror non Cofts. Jackfon fhall feem meet :" ; It is ORDERED, That the Petitioner do forthwith enter a Non-pros on the faid Writ of Error as defired and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court, as if no fuch Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or caufe to be paid, to the Defendant in Error, the Sum of Forty Pounds for his Cofts, by reafon of the Delay of the Execution of the faid Judgement. ORDERED, That the hearing of the Errors argued, against Pow- affigned upon the Writ of Error, wherein Ralph Jackfon ell, in Error. is Plaintiff, and Evan Powell Efquire is Defendant, which stands appointed for Monday next, be put Wednesday next. Adjourn. off to Comes Mansfield Capitalis Jufticiarius Banci Regis, declaravit præfens Parliamentum continuandum effe ufque ad et in diem Lunæ, vicefimum quartum diem inftantis Novembris, horâ undecimâ Aurora, Dominis fic decernentibus. Vaughan; The Order of the Day being read for the further Mitchell and Confideration of the Writ of Error, wherein John Mit- Gay againit chell and John Gay are Plaintiffs, and Sir George Brydges Kodney and Rodney, Baronet, (now Lord Rodney) and the Honourable John Vaughan, are Defendants: And for the Judges to deliver their Opinions upon the Queftion of Law proposed to them on Tuesday laft: The Lord Chief Baron of the Court of Exchequer, Judge's Opihaving conferred with the reft of the Judges prefent, nions deliverdelivered their unanimous Opinions upon the faid Quef- ed: tion. "Whereas by virtue of His Majefty's Writ of Error re- Affirmed. "turnable into the House of Lords in Parliament affem bled, a Record of the Court of King's Bench was brought "into this House the 3d of February 1783, wherein John "Mitchell and John Gay are Plaintiffs, and Sir George Brydges Rodney Baronet, (now Lord Rodney) and the "Honourable John Vaughan, are Defendants; and Coun"fel having been heard as well on Friday the 14th, Mon day the 17th, as Tuesday the 18th of this Inftant Novem"ber, to argue the Errors affigned upon the faid Writ "of Error, and the unanimous Opinion of the Judges "prefent being delivered upon a Point of Law to them "propofed, and due Confideration had of what was "offered on either Side in this Caufe; It is Ordered "and Adjudged by the Lords Spiritual and Temporal "in Parliament affembled, That the Judgement given "in the faid Court of King's Bench, be, and the fame "is hereby affirmed: And that the Record be remit❝ted." The Tenor of which Judgement to be affixed to the Transcript of the Record is as follows; (videlicet) "But because the Court of Parliament aforefaid, "now here, is not yet advised what Judgement to give "of and concerning the Premifes, Day is therefore "given as well to the faid John Mitchell and John Gay, as to the faid Sir George Brydges Rodney, (now Lord "Rodney,) and the faid John Vaughan, until Monday the "24th Day of November following, to hear their Judge"ment thereof, on which Day, before the fame Court "of Parliament at Westminster aforefaid affembled, "comes as well the faid John Mitchell and John Gay, "as the faid Lord Rodney and John Vaughan, in their proper Perfons; whereupon the faid Court of Par 66 "liament, Charteris againft Sir A. Hope: Dunn to enterinto Recognizance on faid Appeal. Penfions 66 66 .. 66 "liament now here, having feen and fully understood "in the Court of King's Bench, in Trinity Term last, Upon reading the Petition and Appeal of the Honourable Francis Charteris, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 14th of January 1783, and alfo of an Interlocutor of the Lords of Seffion there, of the 27th of February 1783;. and praying, "That the fame may be reverfed, varied or "amended, or that the Appellant may have fuch other "Relief in the Premises, as to this Houfe in their Lord"fhips' great Wisdom fhall feem meet: And that Sir "Archibald Hope may be required to anfwer the faid "Appeal:" It is ORDERED, That the faid Sir Archibald Hope may have a Copy of the faid Appeal, and do put in his Anfwer thereunto in Writing, on or before Monday the 22d Day of December next; and Service of this Order upon any of the Counfel or Agents of the faid Refpondent, in the Court of Seffion in Scotland, fhall be deemed good Service. 66 The House being moved, "That Thomas Dunn, It is ORDERED, That the faid Thomas Dunn may enter The House being informed, That Mr. Cotton from granted fince the Treasury attended; April 1783, Lift of, delivered. Jackfon against Powell, in Error. Petition of one of the Bail for a Non pros. He was called in, and delivered at the Bar, purfuant to an Act of the 22d Year of His present Majesty, "A Lift of Penfions granted to Perfons fince the 5th "of April 1783, who have ferved the Crown in fo"reign Courts, made out pursuant to the Directions of an Act," intituled, " An Act for enabling His Majesty to discharge the Debt contracted upon His Civil "Lift Revenues, and for preventing the fame from being in Arrear for the future, by regulating the "Mode of Payments out of the faid Revenues, and by "fuppreffing or regulating certain Offices therein men❝tioned, which are now paid out of the Revenues of "the Civil Lift :" Alfo, ❝ A Lift of Penfions, together with the Names DI "of the Perfons to whom the fame are granted, fince Ꭰ IE Mercurii, 26° Novembris, 1803. "the 5th Day of April 1783, made out pursuant to the Domini tam Spirituales quam Temporales præfentes Pincke & The Earl of Mansfield fat Speaker by virtue of a former Commiffion. Upon reading the Petition and Appeal of Alured Thornycroft Pincke Efquire, and Ann Thornycroft, Spinfter, comagainft Thornycroft. plaining of a Decree or Order of Difmiffion of the Court of Chancery of the 2d of July 1783; and praying, "That the fame may be reverfed or varied, "or that the Appellants may have fuch other Relief in "the Premises as to this Houfe in their Lordships great "Wisdom shall seem meet; and that Edward Thornycroft “of Preeftbury, in the County Palatine of Chester, Efquire, Ann Thornycroft, and Eleanor Thornycroft, "may be required to answer the faid Appeal:" Worfleys' chionefs of Tweedale et al. 66 It is ORDERED, That the faid Edward Thornycroft, Ann Thornycroft, and Eleanor Thornycroft, may have a Copy of the faid Appeal, and do put in their Answer or refpective Answers thereunto in Writing, on or before Wednesday the 10th Day of December next; and Service of this Order upon the Solicitor or Clerk in Court of the faid Refpondents in the faid Court of Chancery, shall be deemed good Service. Upon reading the Petition and Appeal of James Worf againft Mar- ley and Robert Worley Efquires, complaining of Part of a Decree of the Court of Chancery of the 28th of March 1783, made in two certain Causes, in the one of which, The Right Honourable Henry Frederick Carteret, late Thynne Efquire, was Plaintiff, and the Right Honourable George William Earl of Coventry, The Right Honourable Thomas Lord Viscount Weymouth and others were Defendants, and in the other of which Caufes The Jones to enter into Recognizance on Pincke's Appeal. It is ORDERED, That the faid Robert Donaldfon, and John Cumming, may have a Copy of the faid Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Wednesday the 24th Day of December next; and Service of this Order upon any of the Counsel or Agents for the faid Refpondents in the Court of Seffion in Scotland, fhall be deemed good Service. Upon reading the Petition and Appeal of Robert Stewart Stewart of Gairth Efquire, eldest Son of William Stewart, againft late of Gairth, deceased; complaining of an Interlocutor Stewart. of the Lords of Seffion in Scotland, of the 22d of June 1779; and praying, "That the fame may be reversed, "varied, or altered, or that the Appellant may have "fuch other Relief in the Premises, as to this House in "their Lordships great Wisdom fhall feem meet;" and that Ann Stewart of Inchgairth, may be required to anfwer the faid Appeal: It is ORDERED, That the faid Ann Stewart may have a Copy of the faid Appeal, and do put in her Answer thereunto in Writing, on or before Wednesday the 24th Day of December next; and Service of this Order upon the Counsel or Agents of the faid Refpondent in the Court of Seffion in Scotland, fhall be deemed good Service. A Meffage was brought from the House of Commons, by Mr. Hartley, and others : With a Bill, intituled, "An Act for Naturalizing Splitgerber which they defire the Concurrence of this House. "John Chriftian Splitgerber, and Sebaftian Fridag;" to and Fridag's Bill. Most Honourable Frances Marchionefs Dowager of It is ORDERED, That the faid Marchionefs Dowager It is ORDERED, That the faid Gilbert Jones may enter Grant against Upon reading the Petition and Appeal of John Grant VOL. XXXVII. The faid Bill was read the First Time. Powell: The House proceeded to take into Confideration the Jackson Petition prefented to this House on Monday laft, of John against Lee, of Fleet-Street, Haberdasher, ftating himself in the faid Petition to be one of the Bail for Ralph Jackson, Plaintiff, in a Writ of Error which stands appointed for hearing this Day, to which Evan Powell Efquire, is Defendant; praying their Lordships, "That as the Plain"tiff in Error is a Bankrupt, and the Petitioner now "liable to the Debt and Cofts, (without any Relief under the Commiffion iffued against the faid Plaintiff,) "that the Defendant in Error may be ordered to enter a Non-pros on the said Writ of Error, with fuch Costs "as under the present Circumstances of the Cafe fhall appear reasonable." 66 66 Whereupon, The Agent for the Petitioner, and also the Agent for the Defendant were called in and heard at the Bar; and being withdrawn, with Cofts. ORDERED, That the Defendant in Error do forth- Writ of Error with enter a Non-pros on the faid Writ of Error as de- non-pros'd fired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court as if no fuch Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or caufe to be paid to the Defendant in Error, the Sum of Sixty Pounds for his Cofts, by reason of the Delay of the Execution of the faid Judgement. counts, &c. ORDERED, That the proper Officer do lay before this Eaft India House, "An Account of the Nett-Produce of the Terri- Affairs, Ac"torial and other Revenues collected in the Govern- relative to, "ment of Bengal, from May 1771 to the latest Period Ordered. "to which the fame can be made up, diftinguishing "each Year." "An Account of the Civil and Military Expences of "Bengal, for the fame Period, diftinguishing each "Year." "An Account of the Bond and other Debts of the "Eaft India Company in Bengal, and alfo of the Ba"lances in the Treafury in each Year, from May 1771 "to the latest Period, to which the fame can be made up." "Letter from the Governor-General to the Court of "Directors, dated 29th November 1780." "Court's Letter to Bengal, dated 25th January 1782. "Paragraph 127 to 130.' "Extract of Bengal Secret Confultations, 9th January 1781." "Letter from the Governor-General to the Secret "Committee of the Court of Directors, dated Patna, "20th January 1782." "Ditto, 10th January, 1777." "Revenue Letter from Bengal, dated 25th November 1776. Paragraph 11 to 15." "Court's Orders of 4th July 1777. Paragraph 36 " to 47." "Ditto, 30th January 1778. Paragraph 60 to 63." ORDERED, That the proper Officer do lay before this House," Revenue Letter from Bengal, dated the 5th "May 1781. Paragraph 18 to 43. ORDERED, That the proper Officer do lay before this House, "Revenue Letter from Bengal, dated 29th "November 1780. Paragraph 12 to 20." " Ditto, 5th May, 1781. Paragraph 48 to 54." "Ditto, 1ft September, 1781. Paragraph 28 to 33. ORDERED, That the proper Officer do lay before this House," Bengal Secret Confultations, 4th January " 1781." "Secret Letter from Bengal, dated 7th January 1781. "Paragraph 3 to 7." "Court's Letter to Bengal, dated 25th January 1782. "Paragraph 67." "Copy of the Court's Letter to Bengal, dated 7th "March 1775 "Separate General Letter to Bengal, dated 7th "March 1775. Paragraph 1 to 13.' ORDERED, That the proper Officer do lay before this House, "Copy of the Governor-General's Minute on "the Court's Orders of 14th February 1779, relative "to Mahomed Reza Cawn entered on Bengal General "Confultations, 23d November 1779.' "Copy of a Minute of Mr. Barwell on the Court's "Orders of 30th January 1778, relative to Mr. Fouke "entered on Bengal General Confultations of 20th July "1778." "Copy of a Minute of Mr. Barwell on the Subject "of the Court's Orders of 4th March 1778, entered on Bengal Military Confultations, of the 6th October "1778." ORDERED, That the proper Officer do lay before this "Letter from ditto to ditto, dated the 22d May House, "Extract of the Minutes of the Court of Di"1782, with two Enclofures." "Letter from ditto to ditto, dated the 16th December "1782." 66 "Court's Letter to Bengal, dated the 28th December 1778." ORDERED, That the proper Officer do lay before this House, "Extract of Bengal Revenue Confulta❝tions, the 14th May 1772." "Revenue Letter from Bengal, dated 3d November 1772." "rectors of the 15th August and 19th September 1781, "fo far as they relate to the Appointment of Meffrs. "Stuart and Sulivan to be Provifional Members of the "Supreme Council. 66 "Revenue Letter from Bengal, dated 21ft March "Extract of the feparate Proceedings of the Go"vernor-General and Council in their Revenue Depart"ment of the 12th May 1775, fo far as they relate to "Secret Letter from Bengal, dated 13th April" the Honourable Charles Stuart." 66 1772. Paragraph 3 to 6." "No. 3, in the Revenue Packet, per Northumber "General Letter from Bengal, dated 5th September "land." 1772. Paragraph 7 to 18." 4 "Revenue No. 1. " Copy of His Majefty's Order in Council for permitting Oil, or unmanufactured Goods and Mer"chandizes being the Growth or Production of any "of the Territories of the United States of America, imported directly from thence in British or American "Veffels to an Entry upon Payment of the like Duties, as if imported by British Subjects in British Ships, "from any of the British Islands or Plantations in "America and no other, notwithstanding fuch Goods may not be accompanied with the Certificates, or other Documents heretofore required by Law. "Dated 14 May 1803." 2. "Copy of His Majefty's Order in Council for . permitting certain Goods therein enumerated to be imported from America, by British or American Sub"jects, upon Payment of the fame Duties as if imported " by British Subjects in British Ships, notwithstanding "fuch Goods may not be accompanied with the Docu"ments heretofore required by Law, alfo for allowing "Tobacco, the Produce of America to be imported "in like Manner, and the Duties, excepting the Old Subfidy, to be bonded. Dated 6th June 1783.' 3. Copy of His Majefty's Order in Council for "regulating the Commerce between His Majefty's Weft "India Iflands and the Territories of the United States "of America. Dated 2d July 1783." 4. Copy of His Majefty's Order in Council for permitting the Bonds taken by the Direction of feveral "Acts of Parliament for Ships clearing out to or from "His Majefty's West India Ilands to be cancelled and discharged upon Certificate, from the proper Officers "of any Port or Place within the United States of "America to which fuch Ship shall go. Dated 5th September 1783." 66 66 5. "Copy of His Majefty's Order in Council for allowing the Importer of Tobacco from the United "States of America into the Ports of London, &c. men❝tioned in the Order to give Bond for Payment of the "Old Subfidy, as well as of the further Duties. Dated 5th November 1783." 6. "Copy of His Majefty's Order in Council direct"ing that the Allowance for Payment of the Duties for "which Bonds have been or fhall be entered into, upon "the Importation of Tobacco from the United States of "America into the feveral Ports mentioned in His Ma"jesty's Order in Council of the 5th Inftant, fhall not "be construed to extend to the making any Allowance upon Payment of the Duty commonly called the Old Subfidy, and for extending the Liberty given by the "faid Order to Tobacco imported into the Port of "Port Glasgow. Dated 19th November 1783." ORDERED, That the faid Copies do lie on the Table. Ds. Thurlow. Ds. Rodney. The Earl of Mansfield fat Speaker by virtue of a former Commiffion. The Lord Chamberlain reported, "That the Lords "with white Staves, had (according to Order) waited "on His Majefty with their Lordfhips' Addrefs of "Wednesday laft for the Copies therein-mentioned, and "that His Majefty was pleafed to fay, He would give "Directions accordingly." |