ringtend, Henderson & Sir J. Mal- And thereupon an Affidavit of Robert Young, Writer ORDERED, That the faid Refpondents do put in their The House being informed, "That Sir John Malcolm Brownagainft of Balbedie, Baronet, Refpondent to the Appeal of George Henderfon and Patrick Brown Efquire, had not put in his Answer to the faid Appeal, though duly "ferved with the Order of this Houfe for that Purpofe;" Wight against Appeal withdrawn. Strang against Strang and another: Appeal 7th and 8th Reports of Commiffioners of Mili tary Enquiry delivered. Hamilton againt Bore land et Ux: 66 And thereupon an Affidavit of John Orr, Writer in ORDERED, That the faid. Refpondent do put in his in, and heard at the Bar: And thereupon the Agents on both Sides were called in a Caufe depending in this Houfe, to which Francis against Far- And being withdrawn ; A Petition of James Strang, Appellant in a Caufe "in no Answer thereto." And thereupon the Agent for the Appellant was called in, and heard at the Bar: And being withdrawn ; It is ORDERED, That the Petitioner be at Liberty to Appeal ORDERED, That the Petitioner be at Liberty to with- withdraw the faid Appeal, as defired. withdrawn. draw his faid Appeal as defired. " attended;" E. Wemyís. The Houfe being informed, "That Colonel DrinkA Petition of Francis Charteris, now Earl of Wemyss, D. Queenf "water, One of the Commiffioners of Military Enquiry, Refpondent in a Caufe depending in this Houfe, to berry against which William Duke of Queensberry is Appellant, was presented and read; fetting forth, "That in the laft Seffion of Parliament the Appellant brought his Appeal before their Lordthips, against certain Inter He was called in, and delivered at the Bar, pursuant« to the Directions of an Act of Parliament; "The Seventh Report of the Commiffioners of "locutors of the Court of Seffion in Scotland, calling, "Military Enquiry." And alfo," The Eighth Report of the Commiffioners "of Military Enquiry." And then he withdrew. And the Titles thereof, being read by the Clerk; A Petition of IVilliam Hamilton, Appellant in a Caufe "as Refpondents thereto, Francis Charteris late Earl of Ld. Advocate Upon reading the Petition and Appeal of His Majefty's for Scotland Advocate for Scotland, on Behalf of His Majefty, comagainst Mackenzie et Ux. plaining of an Interlocutor of the Lords of Seffion in Scotland of the 23d of May 1797; and Two Interlocutors of the faid Lords of the 13th of June 1797, another Interlocutor of the faid Lords of the 26th of January 1803, and alfo of Three Interlocutors of the Lord Ordinary there of the 6th of July 1803, the 12th of May 1804. and the 12th of June 1805; alfo of Five Interlocutors of the Lords of Seffion in Scotland of the Hone against Davis et al: Bedford to enter into Recognizance on it. Belch and Lindfay das: 20th of November and 15th of December 1806, the 30th of June 1807, the 23d of February, and the 19th of May 1808; and praying, "That the fame may be reversed, "varied, or altered, in fo far as the fame are prejudicial to the Rights and Interefts of His Majefty, or that the "Appellant may have fuch other Relief in the Premifes, Appellant may have fuch other Relief in the Premifes, "as to this Houfe, in their Lordships great Wisdom, "fhall feem meet; and that the Honourable Mrs. "Maria Hay Mackenzie of Cromarty, and Edward Hay "Mackenzie Efquire, of Newhall, her Hufband, for his « Interest, may be required to answer the faid Appeal :" It is ORDERED, That the faid Mrs. Maria Hay Mackenzie, and Edward Hay Mackenzie her Husband, may have a Copy of the faid Appeal, and do put in their Answer or refpective Answers thereunto, in Writing, on or before Friday the 17th Day of February next; and Service of this Órder upon the faid Refpondents, or upon any of their Counsel or Agents in the Court of Seffion in Scotland, fhall be deemed good Service. Upon reading the Petition and Appeal of Nathaniel Hone of the City of Dublin, Esquire, in that Part of the United Kingdom of Great Britain and Ireland called England, complaining of Three Decrees of the Court of Chancery in Ireland of the 1ft of February and 6th of July 1805, and 4th of February 1807, made in a certain Caufe wherein Sarah Davis, Widow and Adminiftratrix of James Moore Davis, deceased, John Trumble and Sarah his Wife, Jofeph Doyle, John Doyle, James Doyle, and Thomas Booth, were Plaintiffs, and Nathaniel Hone Efquire, was Defendant; and praying, "That the fame 66 be reversed, or that the Appellant may have fuch "Relief in the Premifes, as to this House, in their Lord"fhips great Wisdom, fhall feem meet; and that the "faid Sarah Davis Widow, Jahn Trumble and Sarah his "Wife, Jofeph Doyle, John Doyle, James Doyle, and Thomas Booth, may be required to answer the faid Appeal :" may 66 Upon reading the Petition and Appeal of Mrs. Mary Belch, Wife of Jofeph Lindsay, Merchant in Ayr, and the against Dun faid fofeph Lindfay, for his Intereft; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 3d of March and 12th of May 1807; and alfo of Two Interlocutors of the Lords of Seffions there, of the 6th and 24th of December 1808; and praying, "That the fame be reverfed, varied, or altered, or that the Appelmay "lants may have fuch other Relief in the Premifes, as to "this Houfe in their Lordships great Wisdom, fhall seem "meet; and that James Dundas, Accountant in Edinburgh, may be required to answer the said Appeal:" It is ORDERED, That the faid James Dundas may have a Copy of the faid Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 17th Day of February next; and Service of this Órder able Henry Erskine, Sir William Miller Baronet, and against Blane. Upon reading the Petition and Appeal of the Honour- Erfkine et al. Thomas Kennedy, David Cathcart, and John Hunter Efquire, Trustees appointed by David late Earl of Caffillis deceased, and of Archibald now Earl of Caffillis; complaining of an Interlocutor of the Lords of Seffion in Scotland of the 10th of February 1807, in as far as was complained of in the faid Appeal; and alfo of another Interlocutor of the faid Lords of Seffion of the 24th of November 1807, fo far as it refuses the Defire of the reclaiming Petition, put in for the faid Archibald Earl of Caffilis; and praying, "That the fame may be reverfed, varied, or amended, or that the Appellants may have "fuch other Relief in the Premifes, as to this House, in "their Lordships great Wisdom, fhall feem meet; and that Andrew Blane Writer to the Signet, Trustee for "Sir Andrew Cathcart Baronet, may be required to an"fwer the faid Appeal :" It is ORDERED, That the faid Andrew Blane may have a Copy of the faid Appeal, and do put in his Anfwer thereunto, in Writing, on or before Friday the 17th Day of February next; and Service of this Order upon the faid Refpondent, or upon any of his Procurators or Agents in the Court of Seffion in Scotland, shall be deemed good Service. Burnett: Upon reading the Petition and Appeal of the Magif- Magiftrates, trates and Town Council of Aberdeen, complaining of &c. of AberTwo Interlocutors of the Lords of Seffion in Scotland of deen against the 21st of May 1807, and 17th of June 1808; and praying, "That the fame may be reverfed, varied, or al"tered, or that the Appellants may have fuch other Re"lief in the Premifes, as to this House in their Lordships great Wisdom, fhall feem meet; and that John Burnett of Countefwells may be required to answer the faid Appeal:" 66 It is ORDERED, That the faid John Burnett may have a Copy of the faid Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 17th Day of February next; and Service of this Order upon the faid Refpondent, or upon any one of his Procurators or Agents in the Court of Seffion in Scotland, fhall be deemed good Service. enter into Re The House being moved, "That James Chalmer, of Chalmer to Abingdon Street, Westminster, Gentleman, may be per- cognizance "mitted to enter into a Recognizance for the Magiftrates on it. "and Town Council of Aberdeen, on account of their Appeal depending in this Houfe, they refiding in Scot"land:" Caufe, by Counsel at the Bar, on the first vacant Day for It is ORDERED, That this Houfe will hear the faid The House being moved, "That a Day may be ap- Hamilton "pointed for hearing the Caufe wherein Anne Hamilton et al. against "Widow, and others are Appellants, and Adam Nixon Nixon. F. and J. Upon reading the Petition and Appeal of Francis Marth against Marsh and Jeremy Marsh Efquires, complaining of a Duigan et al. Decree of the Court of Chancery in Ireland, of the 9th of May 1808, made in Three certain Caufes, in the Firft of which, Francis Marsh and Jeremy Marsh Efquires were Plaintiffs, and Catherine Duigan (fince deceased), Widow and Administratrix of Michael Duigan Esquire, John Ryan, James Duigan, and Francis Biddulph Efquire (fince deceafed), were Defendants; in the Second, the faid Francis Marsh and Jeremy Marsh were Plaintiffs, and the faid Catherine Duigan Widow, and John Ryan, James Duigan, and Francis Harrison Biddulph, only Son and Heir of faid Francis Biddulph, deceased, were Defendants; and in the laft, the faid Francis Marsh and Jeremy Marfh were Plaintiffs, and Thomas Duigan Adminitrator with the Will annexed of faid Catherine Duigan, and alfo Adminiftrator de bonis non of faid Michael Duigan, deceased, and faid John Ryan, James Duigan, and Francis Harrifon Biddulph, were Defendants; and praying, "That the fame may be reverfed or varied, "in fo far as complained of, or that the Appellants may "have fuch other Relief in the Premifes as to this "House, in their Lordships great Wisdom, fhall seem "meet; and that the faid Thomas Duigan, John Ryan, "and Francis Harrifon Biddulph, may be required to an"fwer the faid Appeal:" Sir W. Eliott It is ORDERED, That the faid Thomas Duigan, John Ryan, and Francis Harrison Biddulph, may have a Copy of the faid Appeal, and do put in their Answer or refpective Answers thereunto, in Writing, on or before Friday the 24th Day of February next. Upon reading the Petition and Appeal of Sir William against Oliver. Eliott of Stobs, Baronet, complaining of Two Interlocutors of the Lord Ordinary in Scotland of the 11th of July 1807, and the 16th of February 1808; and FourInterlocutors pronounced by the faid Lord Ordinary, refufing Representations against the last mentioned Interlocutor; and Four other Interlocutors of the faid Lord Ordinary of the 13th of May, the 2d, 9th, and 25th of June 1808; and alfo of an Interlocutor of the Firft Division of the Lords of Seffion there, of the 19th of November 1808; and praying, "That the fame may be reversed, varied, or altered, or that the Appellant 66 may have fuch other Relief in the Premises, as to "this Houfe, in their Lordships great Wifdom, fhall "feem meet; and that Andrew Oliver, Mafon in Kirkton, may be required to anfwer the faid Appeal :" Gardner against Anderfon. 66 66 It is ORDERED, That the faid Andrew Oliver may have a Copy of the faid Appeal, and do put in his Anfwer thereunto, in Writing, on or before Friday the 17th Day of February next; and Service of this Órder upon the faid Respondent, or upon any one of his Procurators or Agents in the Court of Sellion in Scotland, thall be deemed good Service. Upon reading the Petition and Appeal of George Gardner of Pentonville, in the County of Middlefex, and George Andrew, Writer in Edinburgh, his Factor and Attorney, complaining of Four Interlocutors of the Lords Ordinary in Scotland of the 11th of July 1805, the 18th of June, the 4th of July, and 3d of December 1806; and alfo of Two Interlocutors of the Lords of Seffion there, of the 17th of February, and 24th of December 1808; and praying, "That the fame may be reverfed, varied; or amended, "or that the Appellants may have fuch other Relief in "the Premises, as to this House, in their Lordships great "Wisdom, fhall feem meet; and that John Anderson of "the Leith Walk Iron Foundery may be required to It is ORDERED, That the faid John Anderson may 8. "Letter from Mr. Secretary Canning to M. de Alfo, 14. "Letter from M. de Champagny to Mr. Secre 16. "Letter from Secretary Canning to Count Nico- 66 17. "Official Note, dated Foreign Office, 9th Decem"ber 1808." Alfo, 18." Letter from Mr. Secretary Canning to M. "de Champagny, dated Foreign Office, 7th December "1808." Also, 19. "Official Note, dated Foreign Office, 9th Decem"ber 1808." Also, 13th 20. "Letter from Count Nicolas de Romanzoff to 22. "Declaration, dated Westminster, December 15th fpecting the Negociation with Ruffia and France delivered. Pemberton et al. against ORDERED, That all the Lords be fummoned to attend the Service of the Houfe on Thursday next. A Petition of Charles Oakes and Thomas Willington, Defendants in a Writ of Error depending in this House, Oakes and wherein Mary Pemberton and others are Plaintiffs, was Willington, Petition for a prefented and read; fetting forth, "That the faid Plaintiffs "have not affigned Errors within the Time limited by "their Lordships Order, and therefore praying, That "the faid Writ of Error may be Non-pros'd, with fuch "Cofts as to their Lordships fhall feem meet :' Non-Pros: Agents to attend. Adjourn. And thereupon the Agents on both Sides were called in, and heard at the Bar: And being withdrawn; ORDERED, That the faid Petition do lie on the Table. PRAYERS. Peer for The House being informed, "That Mr. Poyle, from E. Clancarty "the Deputy Clerk of the Crown in Ireland, attended returned a "with the Writs and Returns for electing a Temporal Ireland. "Peer of Ireland in the Room of John Thomas Earl of "Clanricarde deceased, with the Certificate of the Clerk "of the Crown in Ireland annexed to them :" He was called in, and being fworn and examined, acquainted their Lordships That he received the fame " from the faid Deputy Clerk of the Crown, and that they were now in the fame Condition as when he rereceived them;" and then delivering the fame at the Bar; He was directed to withdraw. Which Certificate was read, and is as follows; ORDERED, That the Agents in the faid Writ of Error (videlicet) do attend this Houfe on Monday next. Dominus Cancellarius declaravit præfens Parliamentum continuandum effe ufque ad et in diem Lunæ vicefimum tertium diem inftantis Januarii, horâ undecimâ Aurora, Dominis fic decernentibus. "In pursuance of an Act paffed in the Fortieth Year of "His Majefty's Reign. intituled, "An Act to regulate "the Mode by which the Lords Spiritual and Temporal, " and the Commons, to ferve in the Parliament of the "United Kingdom on the Part of Ireland, fhall be "fummoned and returned to the faid Parliament :" 66 66 "I do hereby certify, that the feveral Writs hereunto annexed, for electing a Temporal Peer of Ireland, in "the Room of John Thomas Earl of Clanricarde de"ceafed, did iffue from this Office to the Peers therein feverally named, and that the faid Peers did severally "make the Returns thereto, which to the said Writs are respectively annexed; and I further certify, that "it appears from the faid Writs and Returns, that the Right Honourable Richard Earl of Clancarty has been "chofen by a Majority of Votes to be the Peer to fit and "vote on the Part of Ireland, in the Houfe of Lords of "the United Kingdom, in the Room of the faid John "Thomas Earl of Clanricarde; all which I atteft, this "Sixteenth Day of December One thoufand eight hun"dred and eight. Prifon and Surrey Deb And alfo, Upon reading the Petition of the Prifoners tors Petitions. confined for Debt in His Majefty's County Gaol of Surrey, feverally complaining of their Diftrefs, and praying Relief: It is ORDERED, That the faid Petitions do lie on the Table: ORDERED, That this House will not receive any Private Bills, Petition for a Private Bill after Wednesday the First Day of Limitation of March next. ORDERED, That this Houfe will not receive any Report from the Judges upon Petitions prefented to this House for Private Bills after Thurfday the Thirtieth Day of March next. ORDERED, That the faid Orders be printed and publifhed, and affixed on the Doors of this House and Westminster Hall. The Order of the Day being read for the Attendance of the Agents in the Writ of Error wherein Mary Pemberton and others are Plaintiffs, and Charles Oakes and Thomas Willington are Defendants; The Agent was called in ; And the Agent for the Defendants in Error undertaking to rejoin immediately; The Agents were directed to withdraw. ORDERED, That the faid Errors be argued, by Counfel at the Bar, on Thursday next. Petitions and Judges Reports. Pemberton et al against Oakes and Willington, in Error. ORDERED, That the Writ of Error wherein William Thompson Thompson is Plaintiff, and John Beale is Defendant, be againft Beale, argued I in Error. Bill prefented: Campbell to Shand againft argued, by Counsel at the Bar, on Monday next; and A Petition of Peter Campbell Junior Efquire, praying « varied, or altered, or that the Appellant may have fuch It is ORDERED, That the faid Patrick Henderfon may The House was informed, "That Mr. Moore was have a Copy of the faid Appeal, and do put in his " attending!" He was ordered to be called in. 66 And being called in accordingly, and fworn at the Bar, ORDERED, That the faid Proceedings and Sentence Then the faid Petition was prefented and read. ORDERED, That Leave be given to bring in a Bill, according to the Prayer of the faid Petition. Accordingly, The Lord Walfingham prefented to the House a Bill, intituled, " An Act to diffolve the Marriage "of Peter Campbell Junior Esquire, with Elizabeth Lewis "Woollery his now Wife, and to enable him to marry "again; and for other Purposes therein mentioned." The faid Bill was read the First Time. ORDERED, That the faid Bill be read a Second Time and the Lords fummoned; and that the faid Peter Campbell ORDERED, That Peter Campbell Junior Efquire do attend this House on Thursday the 9th Day of February next, in order to his being examined upon the Second Reading of the Bill, intituled, " An A&t to diffolve the "Marriage of Peter Campbell Junior Efquire with Eliza"beth Lewis Woollery, his now Wife, and to enable him "to marry again, and for other Purposes therein men"tioned," if the House shall think fit, whether there has, or has not been any Collufion, directly or indirectly, on his Part relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collufion, directly or indirectly, between him and his Wife, or any other Perfon or Perfons, touching the faid Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclefiaftical Court at his Suit, or touching any Action at Law which may have been brought by him against any Perfon for criminal Conversation with his the faid Peter Campbell Junior's Wife; and alfo whether, at the Time of the Adultery of which he complains, his Wife was by Deed or otherwise by his Consent living feparate and apart from him, and released by him as far as in him lies from her conjugal Duty; or whether she was at the Time of fuch Adultery cohabiting with him, and under the Protection and Authority of him as her Husband. Answer thereunto, in Writing, on or before Monday the ORDERED, That Mary Stockwell, Ann Boxall, and Ld. Boring- "An Act to diffolve the Marriage of the Right Ho- The Houfe being moved, "That a Day may be ap- Dempfters "pointed for hearing the Caufe wherein Charles and and Begbie "Cathcart Dempfters, and James Begbie are Appellants; horn et al. against Cleg"and Hugh Cleghorn Efquire, and others, are Re"fpondents:" It is ORDERED, That this House will hear the faid Caufe, by Counfel at the Bar, on the first vacant Day for Caufes, after thofe already appointed. |