And thereupon an Affidavit of Robert Young, Writer Ordered, That the Petitioner be at Liberty to with. Appeal in Edinburgh, of the due Service of the said Order, draw the laid Appeal, as desired. withdrawn. being read ORDERED, That the said Respondents do put in their A Petition of James Stewart, Appellant in a Cause Stewart Answer to the said Appca!, peremptorily, in a Week. depending in this House, to which Francis Farquharson againit Far and James Ferguson, Esquires, are Respondents ; fetting Terguson. Henderson & The House being informed, “ That Sir John Malcolm forth, “ That no Answer has been put in to this Appeal; Brownagainst « of Balbedie, Baronet, Respondent to the Appeal of “ and the Petitioner being desirous to withdraw the Sir J. Mal. colm, George Henderson and Patrick Brown Esquire, had not same, humbly prays, Their Lordships will be pleased put in his answer to the faid Appeal, though duly “ to order, that Leave be given to withdraw the said It is ORDERED, That the Petitioner be at Librty to Appeal withdrawn. Upon reading the Petition of David Souter, Appellant D. Souter Ferguson ; no Answer has been put “ in to this Appeal; and the Petitioner being desirous to Hotchkis & depending in this House, to which Messieurs Hotchkis Johnston: “ withdraw the same, humbly prays, That their Lordand Johnston are Respondents, which stands appointed ships will be pleased to order, that Leave be given to for hearing, was presented and read ; setting forth, “ withdraw the said Appeal :” “ Thát the Appellant is desirous, and the Respondents “ consent, that this Appeal may be withdrawn; and It is Ordered, That the Petitioner be at Liberty to Appeal withdrawn. " therefore praying their Lordships, That he may have withdraw the said Appeal, as desired. “ Leave to withdraw his faid Appeal.” And thereupon the Agents on both sides were called Upon reading the Petition of John Harden Appellant Harden in, and heard at the Bar: in a Cause depending in this House, to which Francis against FarFarquharson and James Ferguson, Esquires, are Rel- quharson and Ferguson : And being withdrawn; pondents; setting forth, “ That no Answer has been Appeal ORDERED, That the Petitioner be at Liberty to with “ put in to this Appeal; and the Petitioner being desirous withdrawn. draw his faid Appeal, as desired. " to withdraw the same, humbly prays, That their “ Lordships will be pleased to order, that Leave be Strang against A Petition of James Strang, Appellant in a Cause given to withdraw the said Appeal :" Strang and depending in this House, to which David Strang and another : It is ORDERED, That the Petitioner be at Liberty to Appeal another are Respondents, was presented and read; withdraw the said Appeal, as desired. withdrawn. setting forth, “ That the Subject Matter of this Appeal, “ which has been set down for hearing ex parte, having “ been fetiled, the Appellant is desirous that he may lant in a Caufe depending in this House, to which againt Far Upon reading the Petition of Stewart Souter, Appel. S. Souter « have Leave to withdraw the fame; and therefore Francis Farquharson and James Ferguson, Esquires, are “ praying their Lordships, That he may have Leave to Ferguson : “ withdraw his faid Appeal , the Respondents having put Respondents ; setting forth, “ That no Answer has been « in no Answer thereto." “ put in to this Appeal ; and the Petitioner being “ defirous to withdraw the fame, humbly prays, That “ be given to withdraw the said Appeal :" It is ORDERED, That the Petitioner be at Liberty to Appeal withdrawn, withdrawn. draw his said Appeal as desired. 7th and 8th The House being informed, “ That Colonel Drink. A Petition of Francis Charteris, now Earl of 1 cmyss, D. QueensReports of water, One of the Commissioners of Military Enquiry, Refpondent in a Cause depending in this House, to berry against Commillion. E. Wemyss. “ attended ;" which William Duke of Queensberry is Appellant, was ers of Military Enquiry delivered. He was called in, and delivered at the Bar, pursuant presented and read; setting forth, That in the last “ Session of Parliament the Appellant brought liis to the Directions of an Act of Parliament ; Appeal before their Lordihips, against certain Inter“ The Seventh Report of the Commissioners of 6 locutors of the Court of Session in Scotland, calling, Military Enquiry." as Respondents thereto, Francis Charteris late Earl of Wemyss deceased, and the Petitioner his Grandfon, " then the Honourable Francis Charteris; that this Appeal was answered, and set down on the List for “ Hearing by both the Respondents; but Francis Charteris “ late Earl of Wemyss, having since departed this “ Life, as to him the Appeal is abated; that the Ordered, That the faid Reports do lie on the Table, “ Petitioner, who has since succeeded his Grandfather ORDERED, That the said Reports be printed. “ in his Titles and Estates, is now the fole surviving “ Respondent in this Appeal, and being vested with Hamilton A Petition of IVilliam Hamilton, Appellant in a Cause « all the Rights in relation thereto, which were comagainst Bore depending in this House, to which Janet Boreland and petent to his said late Grandfather ; the Petitioner laud et Ux: Husband are Respondents, was presented and read ; " therefore prays, That the Appeal may stand revived against hiin as fole Respondent thereto, the Agent for And thereupon the Agents on both sides were called in ; and being withdrawn, ORDERED, That the faid Appeal do fand revived against the Petitioner, as fole Rcfpondent thereto, as And being withdrawn; desired. Vol. XLVII. Upon с Ld. Advocate Upon reading the Petition and Appeal of His Majesty's upon the said Respondent, or upon any one of his Pro- Scotland of the 23d of May 1797 ; and TwoʻInterlocu- It is Ordered, That the said John Richardson may Upon reading the Petition and Appeal of the Honour. Erskine et al. Thomas Kennedy, David Cathcart, and John Hunter , and Edward Hay deceased, and of Archibald now Earl of Caffillis ; com- Scotland of the Toth of February 1807, in as far as was « Interest, may be required to answer the said Appeal :' complained of in the said Appeal ; and also of another It is Ordered, That the said Mrs. Maria Hay Mac- Interlocutor of the said Lords of Session of the 24th of kenzie, and Edward Hay Mackenzie her Husband, may November 1807, so far as it refuses the Desire of the have a Copy of the said Appeal, and do put in their reclaiming Petition, put in for the said Archibald Earl of Answer or respective Answers thereunto, in Writing, on Cafilis; and praying, “ That the same may be reversed, or before Friday the 17th Day of February next; and “ varied, or amended, or that the Appellants may have Service of this Order upon the said Respondents, or upon o such other Relief in the Premises, as to this House, in any of their Counsel or Agents in the Court of Session “ their Lordships great Wisdom, shall seem meet ; and in Scotland, shall be deemed good Service. “ that Andrew Blane Writer to the Signet, Trustee for “ Sir Andrew Cathcart Baronet, may be required to anHone against Upon reading the Petition and Appeal of Nathaniel “ swer the said Appeal :” It is ORDERED, That the faid Andrew Blane may John Trumble and Sarah deemed good Service. Upon reading the Petition and Appeal of the Magif- Magistrates, trates and Town Council of Aberdeen, complaining of &c. of Aber may be reversed, or that the Appellant may have such deen against Two Interlocutors of the Lords of Session in Scotland of Burnett : “ Relief in the Premises, as to this House, in their Lord- the 21st of May 1807, and 17th of June 1808; and « ships great Wisdom, shall seem meet; and that the praying, “ That the same may be reversed, varied, or al“ said Sarah Davis Widow, Jahn Trumble and Sarah his “ tered, or that the Appellants may have such other Re“ Wife, Josepis Doyle, John Doyle, James Doyle, and Thomas “ lief in the Premises, as to this House in their Lordships “ Booth, may be required to answer the laid Appeal :" great Wisdom, shall seem meet; and that John Burnett of It is ORDERED, That the said Sarah Davis, and the Counteswells may be required to answer the said Appeal:” faid several other Persons last named, may have a Copy It is Ordered, That the said John Burnett may have of the said Appeal, and do put in their Answer or re a Copy of the said Appeal, and do put in his Answer fpective Answers thereunto, in Writing, on or before Fri- thereunto, in Writing, on or before Friday the 17th Day day the 24th Day of February next. of February next; and Service of this Order upon the said Respondent, or upon any one of his Procurators or Bedford to The House being moved, “ That George Bedford, of Agents in the Court of Session in Scotland, hall be enter into “ Bedford Row, in the County of Middlesex, Gentle deemed good Service. Recogni man, may be permitted to enter into a Recognizance for zance on it. “ Nathaniel Hone Esquire, on account of his Appeal de The House being moved, “That James Chalmer, of Chalmer to “ pending in this House, he residing in Ireland.” « Abingdon Street, Westminster, Gentleman, may be enter into Re per cognizance It is ORDERED, That the said George Bedford may “ mitted to enter into a Recognizance for the Magistrates on it. enter into a Recognizance for the said Appellant, as de " and Town Council of Aberdeen, on account of their Gired. Appeal depending in this House, they residing in Scot 6 land :" Belch and Upon reading the Petition and Appeal of Mrs. Mary It is ORDERED, That the said James Chalmer may Lindsay Belch, Wife of Joseph Lindsay, Merchant in Ayr, and the enter into a Recognizance for the said Appellants, as desired. “ That a Day may be Hunter & Co. Birsland. gow, is Respondent :" It is ORDERED, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for burgh, may be required to answer the said Appeal:” Causes, after those already appointed. It is ORDERED, That the said James Dundas may have a Copy of the said Appeal, and do put in his The House being moved, “ That a Day may be ap- Hamilton Answer thereunto, in Writing, on or before Friday the pointed for hearing the Cause wherein Anne Hamilton et al. against 17th Day of February next ; and Service of this Order “ Widow, and others are Appellants, and Adam Nixon Nixon. 4 or is 4. “ is Respondent ex parte, the Respondent not having “ the Leith Walk Iron Foundery may be required to “ answer the faid Appeal :” It is ORDERED, That the said John Anderson may It is ORDERED, That this House will hear the said have a copy of the said Appeal, and do put in his AnCause ex parte, by Counsel at the Bar, on the first swer thereunto, in Writing, on or before Friday the vacant Day for Causes after those already appointed, 17th Day of February next ; and Service of this Order unless the Respondent puts in his Answer thereto in the upon any of the Counsel or Agents of the said Refpon. mean Time. dent, in the Court of Session in Scotland, shall be deemed good Service. F. and J. Upon reading the Petition and Appeal of Francis Marsh against Marsh and Jeremy Marsh Esquires, complaining of a The Earl of Liverpool (by His Majesty's Command) Papers re specting the Duigan et al. Decree of the Court of Chancery in Ireland, of the 9th laid before the House: Negociation of May 1808, made in Three certain Causes, in the No. 1. " Letter from Count Nicolas de Romanzoff to with Ruflia First of which, Francis Marsh and Jeremy Marsh Esquires “ Mr. Secretary Canning, dated Erfurth, 30th Sept. 1808; and France were Plaintiffs, and Catherine Duigan (since deceased), « received October 21st; with Translation.” Also, Widow and Administratrix of Michael Duigan Esquire, “ Letter from His Majesty the Emperor of all the Russas and Buonaparté, to His Majesty, dated Erfurth, 3. “ Letter from M. de Champagny to Mr. Secre- tary Canning, dated Erfurth, 12th October 1808; recei- “ Letter from Buonaparté and His Majesty the “ Emperor of all the Russias to His Majesty, dated Erfurth, 12th Očlober 1808 ; received October 2ift; " with Translation. Alfo, , 5. “ Letter from Mr. Secretary Canning to the Russian “ Ambassador at Paris, dated Foreign Office, 22d Očlober « Champagny, dated Foreign Office, 22d October 1808; “ with Translation.” Also, 7. “ Letter from Mr. Secretary Canning to the “ Rufian Ambassador at Paris, dated Foreign Office Also, 8. 6 Letter from Mr. Secretary Canning to M. de “ Champagny, dated Foreign Office, 28th October 1808." 9. " Official Note.” Also, 10. “ Letter from Count Nicolas de Romanzoff to Mr. Secretary Canning, dated Paris, 31st Očtober Sir W. Eliott Upon reading the Petition and Appeal of Sir William “ 1808; received November 4th ; with Translation.” against Oliver. Eliott of Stobs, Baronet, complaining of Two Interlo Also, cutors of the Lord Ordinary in Scotland of the 11th of 11. “ Letter from M. de Champagny to Mr. Secretary “ November 4th ; with Translation.” Also, 12.“ Letter from Count Nicolas de Romanzoff to Mr. 13. “ Note with Translation.” Also, Note; with Translation.” Also, 17. “ Official Note, dated Foreign Office, 9th Decem ber 1808." Allo, It is ORDERED, That the said Andrew Oliver may 18. “ Letter from Mr. Secretary Canning to M. have a Copy of the said Appeal, and do put in his An “ de Champagny, dated Foreign Office, 7th December swer thereunto, in Writing, on or before Friday the “ 1808.” Also, 17th Day of February next; and Service of this Order 19. “ Official Note, dated Foreign Office, gth Decemupon the faid Respondent, or upon any one of his Pro " ber 1808." Also, curators or Agents in the Court of Sellion in Scotland, 20. “ Letter from Count Nicolas de Romanzoff to 1hall be deemed good Service. “ Mr.Secretary Canning, dated Paris, December 1808; Gardner Upon reading the Petition and Appealof George Gardner “ received December 17th ; with Translation.” Allo, against of Pentonville, in the County of Middlesex, and George An “ Letter from M. de Champagny to Mr. Secretary Anderson. drew, Writer in Edinburgh, his Factor and Attorney, “ Canning, dated Paris, 13th December 1803; receivedcomplaining of Four Interlocutors of the Lords Ordinary “ December 17th ; with Translation.” And also, in Scotland of the 11th of July 1805, the 18th of June, the 22. “ Declaration, dated Westminster, December 15th 4th ef July, and 3d of December 1806; and also of Two 1808, together with a List thereof." Which List, being read by the Clerk; ORDERED, That all the Lords be fummoned to attend Lords sum. moned. “ Wisdom, shall seem meet; and that John Anderson of 16th 21. ORDERED, D ORDERED, That all the Lords be summoned to attend PRAYERS. the Service of the House on Thursday next. The House being informed, " That Mr. Poyle, from E. Clancarty Pemberton A Petition of Charles Oakes and Thomas Willington, “ the Deputy Clerk of the Crown in Ireland,' attended returned a et al. against Defendants in a Writ of Error depending in this House, “ with the Writs and Returns for ele&ing a Temporal Peranfiger Oakes and wherein Mary Pemberton and others are Plaintiffs, was “ Peer of Ireland in the Room of John Thomas Earl of “ their Lordships Order, and therefore praying, That He was called in, and being sworn and examined, “ from the faid Deputy Clerk of the Crown, and that they were now in the fame Condition as when he reAnd thereupon the Agents on both Sides were “ received them ;” and then delivering the same ealled in, and heard at the Bar : at the Bar ; He was directed to withdraw. Which Certificate was read, and is as follows; « In pursuance of an Act passed in the Fortieth Year of “ His Majesty's Reign. intituled, “ An Act to regulate Adjourn. Dominus Cancellarius declaravit præfens Parliamen " the Mode by which the Lords Spiritual and Temporal, tum continuandum effe, usque ad et in diem Lunæ “ and the Commons, to serve in the Parliament of the vicesimum tertium diem instantis Januarii, horà undecimâ “ United Kingdom on the Part of Ireland, shall be Aurora, Dominis fic decernentibus. “ summoned and returned to the said Parliament :" “ I do hereby certify, that the several Writs hereunto “ annexed, for electing a Temporal Peer of Ireland, in “ the Room of John Thomas Earl of Clanricarde de. “ ceased, did iffue from this Office to the Peers therein “ severally named, and that the said Peers did severally IE Lunæ, 23° Januarii 180g. “ make the Returns thereto, which to the said Writs “ are respectively annexed; and I further certify, that Domini tam Spirituales quam Temporales præsentes “ it appears from the said Writs and Returns, that the fuerunt: “ Right Honourable Richard Earl of Clancarty has been “ chosen by a Majority of Votes to be the Peer to sit and Archiep. Cantuar. Dux CƯMBERLAND. Ds. Hastings. vote on the Part of Ireland, in the House of Lords of Archiep. Ebor. Dux CAMBRIDGE. Ds. Clifton. “ the United Kingdom, in the Room of the said John Dux GLOUCESTER. Ds. Sinclair. “ Thomas Earl of Clanricarde ; all which I attest, this Epus. Hereford. Ds. Napier. “ Sixteenth Day of December One thousand eight hun. Epus. Bangor. Ds. Eldon, Cancella Ds. Ponsonby. “ dred and eight. Epus. Exon. rius. “ Westmeath, « Clerk of the Crown in Ireland.” Epus. Cloynen. Præses. « To the Clerk of the Parliament or of the United Kingdom of “ Great Britain and Ireland." Ds. Amherst. Prison and Surrey Debo And also, Upon reading the Petition of the Prisoners torsPetitions. Ds. Mulgrave. confined for Debt in His Majesty's County Gaol of Surrey, Ds. Stewart of Gar. severally complaining of their Distress, and praying Relief : It is ORDERED, That the said Petitions do lie on the Table : Ordered, That this House will not receive any Private Bills, Petition for a Private Bill after IVednesday the First Day of Limitation uk March next. Judges Re- ports. Report from the Judges upon Petitions presented to this House for Private Bills after Thursday the Thirtieth Day of March next. ORDERED, That the said Orders be printed and pub- lished, and affixed on the Doors of this House and Westminster Hall. al against Oakes and Comes Digby. berton and others are Plaintiffs, and Charles Oakes and Willington, Comes Liverpool. Thomas Willington are Defendants ; in Error, The Agent was called in ; And the Agent for the Defendants in Error under- taking to rejoin immediately; The Agents were directed to withdraw. ORDERED, That the said Errors be argued, by Counsel at the Bar, on Thursday next. ORDERED, That the Writ of Error wherein William Thompson in Error, Ds. Kenyon. I argued zance on it: Bill pre• argued, by Counsel at the Bar, on Monday next; and "varied, or altered, or that the Appellant may have such 66 other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Elizabeth Lewis Woollery his now Wife, and to enable “ Canal Navigation, may be required to answer the said It is Ordered, That the said Patrick Henderson may Answer thereunto, in Writing, on or before Monday the 20th Day of February next; and Service of this Order upon the said Respondent, or upon any one of his Pro- The Answer of the Honourable Mrs. Maria Hay Ld. Advocate against Campbell;” which, he said, he had examined with Mackenzie, and Edward Hey Mackenzie, of Newhall, for Scotland the Original, and that the same was a true Copy. Esquire, her Husband, for his Interest, to the Appeal of againt Mac et , And then he withdrew. His Majesty's Advocate for Scotland, on Behalf of His Majesty, was this Day brought in. The House being moved, “ That Alexander Mundell Mundell to Recogni“ permitted to enter into a Recognizance for His MaORDERED, That Leave be given to bring in a Bill,“ jesty's Advocate for Scotland, on Behalf of His Maaccording to the Prayer of the said Petition. “ jesty, on account of his Appeal depending in this « House;" “ of Peter Campbell Junior Esquire, with Elizabeth Lewis enter into a Recognizance for the said Appellant, as desired. The House being moved, “ That a Day may be ap- Hearing The faid Bill was read the First Time. pointed for hearing the Cause wherein His Majesty's appointed. “ Advocate for Scotland is Appellant, and the Honour- “ able Mrs. Maria Hay Mackenzie, and Edward Hay It is ORDERED, That this House will hear the said Causes after those already appointed. and that the said Elizabeth Lewis Woollery may have a Copy of the said Bill, and that Notice be given her of the The House being moved, “ That Alexander Mundell, Mundell to faid Second Reading; and that she be at Liberty to be “ of Parliament Street, Westminster, Gentleman, may be enter into Reheard by her Counsel, what she may have to offer against "permitted to enter into a Recognizance for Sir William cognizance on the said Bill at the same Time, “ Eliott Baronet, on account of his Appeal depending Appeal. “ in this House, he residing in Scotland :” next, in order to his being examined upon the Second desired. “ Abingdon Street, Westminster, Gentleman, may be per- enter into Re“ to marry again, and for other Purposes therein men “ mitted to enter into a Recognizance for the Honour communizance on « tioned," if the House shall think fit, whether there has, “ able Edward Erskine and others, on account of their al. Appeal. or has not been any Collusion, directly or indirectly, on “ Appeal depending in this House :" It is ORDERED, That the said James Chalmer may enter into a Recognizance for the faid Appellants, as desired. ORDERED, That Mary Stockwell, Ann Boxall, and Ld. Boring don's Divorce touching any action at Law which may have been brought of Pebruary next, in order to their being examined as George Tenant, do attend this House on Monday the 6th Witnesses upon the Second Reading of the Bill, intituled, “ An Act to dissolve the Marriage of the Right Hoplains, his Wife was by Deed or otherwise by his Consent “ nourable John Lord Boringdon with the Right Holiving separate and apart from him, and released by him “ nourable Augusta Lady Boring don, his now Wite, and as far as in him lies from her conjugal Duty; or whether to enable him to marry again; and for other Purposes " therein nuentioned.” The House being moved, “ That a Day may be ap. Dempsters “ pointed for hearing the Cause wherein Charles and and Begbie « Cathcart Dempsters, and James Begbie are Appellants; horn et al. againtt ClegShand against Upon reading the Petition and Appeal of Alexander Henderson, Shand of Tanfield, Advocate in Aberdeen, complaining “ and Hugh Cleghorn Esquire, and others, are Re- “ spondents :" “ That the same may be reversed; for Causes, after those already appointed. The Bil. |