Stewart et al. 66 Upon reading the Petition of Richard Stewart, late againft Booth Master of the Sloop Hunter of Leith, refiding in the Town and Parish of Leith, and County of Mid-Lothian, Appellant in a Caufe depending in this House, to which Thomas Booth and Company, and others, are Refpondents; setting forth," That owing to the Peti"tioner being illegally deprived of his Veffel, he is poor "and in the moft neceffitous Situation, as by the "Affidavit and Certificates annexed will appear; and being advised to appeal from certain Judgments pronounced by the Court of Seffion, in a Queftion "between him and the Company of Proprietors of the "Forth and Clyde Navigation Company, Meffieurs Booth "and Company of Liverpool, Meffieurs Ewing, Jeffrey, "and Company of Glafgow; and the Representatives "of the deceafed Walter Colquhoun, fome time Collector "of the Canal Dues at Bowling Bay; he is by reafon "of his Poverty unable to infift in the faid Appeal, "unless he is by their Lordships admitted fo to do in "Formâ Pauperis ;" and therefore praying "Their Lord"fhips will be pleased to order him to be admitted to "fue as Appellant in this Caufe in Formá Pauperis; and to affign him for Counsel the Honourable Henry Erskine, "and John Peter Grant Efquire; and for his Solicitor "Alexander Grant of Serjeants Inn:" Frank against Frank. Fleet Prifon It is ORDERED, That the Petitioner be at Liberty to profecute his faid Appeal in Forma Pauperis in this Houfe, as defired. The House being moved, "That a Day may be ap"pointed for hearing the Cause, wherein William Daniel "Arthur Frank is Appellant; and James Frank is Refpondent, ex parte, the Refpondent not having put "in his Anfwer thereto, though peremptorily ordered "fo to do:" It is ORDERED, That this Houfe will hear the faid Caufe, ex parte, by Counfel, at the Bar, on the first vacant Day for Causes, after those already appointed. Upon reading the Petition of the Perfons confined for and Gloucef Debt in His Majefty's Prison of the Fleet; ter Debtors Petitions. Orders in And alfo, Upon reading the Petition of the Persons confined for Debt in Gloucester County Gaol, feverally complaining of their Distress, and praying Relief: It is ORDERED, That the faid Petitions do lie on the Table. The Earl of Liverpool (by His Majefty's Command) Council, Cor- laid before the House, pursuant to an Addrefs to His refpondence Majefty, of Monday the 23d of January last; with America respecting, delivered. Order for Lords to be fummoned discharged. No. 1. "Copy of a Letter from Mr. Secretary Canning to Mr. Pinkney, dated Foreign Office, 22d "February 1808." 2. Copy of a Note from Mr. Pinkney to Mr. Secretary Canning, dated 23d February 1808." 3. 4. 66 66 Copy of a Letter from Mr. Erskine to Mr. "Madifon, dated Washington, 23d February 1808." Copy of a Letter from Mr. Madifon to Mr. "Erskine, dated Department of State, 25th March 1808." 5." Copy of a Circular Note from Mr. Secretary "Canning to Mr. Pinkney, dated Foreign Office, 4th "May 1808." 6. "Copy of a Letter from Mr. Pinkney to Mr. "Secretary Canning, dated 23d August 1808.' ORDERED, That all the Lords be fummoned to attend Lords the Service of the House on Monday the 13th of this iummoned. Inftant February. 7. "Copy of Mr. Secretary Canning's Note to Mr. "Pinkney, dated Foreign Office, 23d of September "1808;" together with a Lift thereof. Which List being read by the Clerk; ORDERED, That all the Lords be fummoned to attend the Service of the Houfe on Tuesday next. Ability, and Conduct difplayed by him on the 17th "and 21ft of Auguft laft in Portugal, on the latter of "which Days he obtained at Vimiera over the Army "of the Enemy a fignal Victory, honourable and glorious to the British Arms; and that he had re"ceived a Letter from the faid Lieutenant General Sir "Arthur Wellesley, dated London, January 28th, 1809; "in which he returns an Answer to the faid Refo"lution." The faid Letter was read by the Clerk, and is as follows, (videlicet Dominus Cancellarius declaravit præfens Parliamen- Adjourn. tum continuandum effe ufque ad et in diem Veneris, tertium diem inftantis Februarii, horâ undecimâ Auroræ, Dominis fic decernentibus. 1 rds amoned. Arthur llefley's wer to e of nks. thereunto, in Writing, on or before Friday the 3d Day Domini tam Spirituales quam Temporales præfentes Refpondent, or upon any of her known Counsel or Archiep. Cantuar. Epus. Sarum. Dick and Pengree againft Baillie et al. Campbell's Ld. Keith Hamilton. Grant and Halket. fuerunt : PRAYERS. Ds. Boston. Ds. Amberft. Ds. Mulgrave. Ds. Bayning. Ds. Arden. The Anfwer of Collin Baillie, George Baillie, and others, to the Appeal of Quintin Dick and George Pengree, was this Day brought in. Upon reading the Petition of Major General Duncan Campbell of Lochnell, in the County of Argyle, in Scot land, praying Leave to bring in a Bill for the Purposes in the faid Petition mentioned: It is ORDERED, That the Confideration of the faid Petition be and is hereby referred to the Lord Prefident of the Court of Seffion in Scotland, the Lord Juftice Clerk, and the Chief Baron of the Court of Exchequer in Scotland, or any Two of them, who are forthwith to fummon all Partics before them who may be concerned in the Bill, and after hearing all the Parties, and perufing the Bill, are to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands, and are to fign the faid Bill. Appellants may have fuch other Relief in the Pre"mifes, as to this Houfe, in their Lordships great "Wisdom, fhall feem meet; and that Mary Letitia "Grant, and Archibald, Frances, and Mary Anne Dyer, "her Children, and Hay Donaldson, Writer to the Sig"net, their Mandatory, may be required to anfwer the "faid Appeal:" It is ORDERED, That the faid Mary Letitia Grant, and Archibald, Frances, and Mary Anne Dyer, her Children, and Hay Donaldson, may have a Copy of the faid Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 3d Day of March next; and Service of this Order upon the faid Refpondents, or upon any of their known Counfel or Agents, in the Court of Seffion in Scotland, fhall be deemed good Service. Upon reading the Petition and Appeal of Catherine Aylmer Aylmer, Executrix of Richard Aylmer, deceafed, complaining of a Decretal Order of the Court of Chancery in Ireland, of the 23d Day of December 1802, and of an Affirmance thereof on the 20th of April 1807; and praying, "That the fame may be reverfed, or that the ApUpon reading the Petition and Appeal of George pellant may have fuch Relief in the Premises, as to Keith Lord Keith, complaining of Three Interlocutors "this Houfe, in their Lordthips great Wisdom, fhall of the Lords of Seffion in Scotland of the 16th of May" feem meet; and that Samuel Beckett may be required 1806, and the 26th of January and 5th of July 1808; "to answer the faid Appeal :" and alfo of Four Interlocutors of the Lord Ordinary there of the 12th of November 1807, and the 20th of January and 3d of February 1808, and the 17th of January 1809; and praying, "That the fame may be reversed, varied, or amended, or that the Appellant may have "fuch other Relief in the Premifes, as to this House, "in their Lordships great Wisdom, shall seem meet; " and that William Hamilton, Writer to the Signet, may "be required to anfwer the faid Appeal:" Upon reading the Petition and Appeal of Henry Grieve against Grant, late Conful General for Scotland, on the Part of the United States of America, and Robert Grieve Mer chant in Leith, his Cautioner judicio fifti; complaining of an Interlocutor of the Lords of Seffion in Scotland of the 20th 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 Mrs. Sophia "Halket may be required to answer the said Appeal :" It is ORDERED, That the faid Sophia Halket may have a Copy of the faid Appeal, and do put in her Answer VOL. XLVII. Upon reading the Petition and Appeal of Charles Shuter against Shuter Efquire, complaining of an Order of the Court Barrys and of Chancery, of the 16th of December 1807; made in a certain Caufe wherein John Smith Barry, James Smith Barry, Caroline Augufla Smith Barry, Narciffa Smith Barry, and Louifa Smith Barry, Infants, by Daniel Mildred their next Friend, the Right Honourable Henry Earl of Barrymore and the Honourable Augufta Barry were Plaintiffs; and Richard Smith Barry now decealed, Charles Shuter, John Wilkinson, and Robert Courtenay Efquires, Defendants; and praying, Bernal against the Marquis of Donegall and May. Kirkpatrick et al. against Gavin et al. et è con.: Appeal withdrawn. Convention at Cintra, Pro ceedings respecting, delivered It is ORDERED, That the faid Robert M'Clintok Crawfurd may enter into a Recognizance for the faid Appellants, as defired. Upon reading the Petition and Appeal of Ifaac Bernal the younger, of Great Prescott Street, Goodman's Fields, in the County of Middlefex, Gentleman, complaining of an Order of the Court of Chancery in Ireland, made in Two certain Causes, in the First of which the most Honourable George Auguftus Marquis of Donegall was Plaintiff, and Ifaac Bernal the younger and Edward May were Defendants; and in the Second, Ifaac Bernal the younger was Plaintiff, and the most Honourable George Auguftus Marquis of Donegall, Edward May Efquire, William Mac George, John Agnew, James Dashwood, William Lyon, and Francis Conft, were Defendants, on the 1ft Day of March 18c6, and of an Order made in the first mentioned Caufe difmiffing the Original Bill against the faid Edward May; and alfo of a Decree or Order of the faid Court, made in the faid Cause on the 9th Day of June 1807; and. praying, "That the fame may be reverfed, or that the "Appellant may have fuch Relief in the Premises as "to this House, in their Lordships great Wisdom, fhall "feem meet; and that the most Honourable George "Auguftus Marquis of Donegall and Edward May may be required to anfwer the faid Appeal:" It is ORDERED, That the faid George Auguftus Marquis of Donegall and Edward May may have a Copy of the faid Appeal, and do put in their Anfwer or respective Answers thereunto, in Writing, on or before Friday the 10th Day of March next. A Petition of John Kirkpatrick and others, Appellants in a Caufe depending in this Houfe, and John Gavin and others, Refpondents thereto, et è contra, was prefented and read; fetting forth, "That these Appeals were "entered into from fundry Interlocutors of the Court "of Seffion, and ftand appointed for hearing together; "that the Parties being advised to withdraw the faid Appeals, they concur in praying that their Lordships " will be pleased to grant them Leave to withdraw their "faid Appeals, without Cofts on either Side.” And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn, ORDERED, That the Petitioners be at Liberty to withdraw the faid Appeals, without Cofts on either Side, as defired. The House being informed, "That Mr. Currie, from "the Judge Advocate General's Office, attended;" 9 And then he withdrew. And the Title thereof, being read by the Clerk; The Lord Chancellor acquainted the Houfe, "That Rear Admiral "in pursuance of the Order of this Houfe of Wednesday De Courcy's Answer to "the 25th of January laft, he had tranfmitted their Vote of "Lordships Refolution of that Day, giving the Thanks Thanks. "of this Houfe to Rear Admiral Michael de Courcy, and to Rear Admiral Sir Samuel Hood, for their most "effectual and able Difpofition of the Ships and Tranfports under their Command; and for their great "Exertions in effecting the Embarkation of His Majefty's "Troops at Corunna, after the Battle of the 16th of "January 1809; and that he had received a Letter "from the faid Rear Admiral Michael de Courcy, dated "London, 2d February 1809, in which he returns an "Answer to the faid Refolution." 66 Table. ORDERED, That the further hearing of the Errors Thompson argued, affigned upon the Writ of Error wherein against Beale, William Thompson is Plaintiff, and John Beale Defendant, in Error. ORDERED, That an humble Addrefs be prefented to Order of the Day dif charged. Banbury "A Return of the Numbers of Officers, Ser"jeants, Corporals, Drummers, and Rank and File, "of every Battalion or Corps of Infantry, embarked "from any Part of Great Britain or Ireland; or em"barked or fent from Gibraltar to Portugal or Spain, "in the Year 1808 with the Dates of their re"fpective Embarkations: And alfo' a Return of the "Numbers of the faid Officers, Serjeants, Corporals, "Drummers, and Rank and File, of the faid Battalions "or Corps which have been already relanded, not dif"abled for Service, in any Part of Great Britain or "Ireland, or which have been detached upon any "other Service." Alfo, "A fimilar Return of every Regiment, or "Corps of Cavalry, with the Number of Horfes." Alfo, "A fimilar Return of the Officers and Soldiers "and Drivers in the Artillery, and of all Pieces of "Ordnance, and of all the Waggons and other Carriages, and of Draught Horfes, under the Ordnance, "or others, and of all the Perfons employed in the "Waggon Train.' Alfo, "A fimilar Return of the whole Staff of the "Army in Spain and Portugal, and the Expence "thereof." And alfo, "A Return of the Numbers, and Tonnage "of all the Tranfports employed in the Service of "Government, for the Transportation of the Army or "Stores, Ammunition, Clothing, Money, &c. to Por tugal or Spain, in the Year 1808, together with the "Sums expended, or contracted for, as the Freight of "fuch Transports." ORDERED, That the faid Addrefs be prefented to His Majefty, by the Lords with White Staves. The Order of the Day being read, for the Lords to be fummoned ; ORDERED, That the said Order be discharged. ORDERED, That the Committee for Privileges, to Peerage, whom is referred the Petition of William Earl of BanCommittee to meet. bury to His Majefty, touching the faid Earldom, with His Majefty's Reference thereof to this Houfe, and the Report of His Majefty's Attorney General thereunto annexed, do meet to confider further of the faid Claim, on Tuesday the 7th of this Inftant February; and that Notice thereof, be given to His Majefty's Attorney General. PRAYERS. into the Court of Exchequer. A Petition of Henry Langley the elder, Efquire, and Goold et al. Margaret his Wife, and Henry Langley the younger, against LangEfquire, Refpondents to the Appeal of George Goold, ley et al. Refpondents' Mary Catherine Goold Widow, Sir Francis Goold Baronet, Petition to William Coppinger Efquire, and Sir Patrick O'Connor eftreat ReKnight, was prefented and read; fetting forth, "That cognizance. "the Appellants, in the Year 1802, prefented an Ap"peal to their Lordfhips from certain Decrees of the "Court of Chancery of Ireland, which Appeal came on "to be heard before their Lordships on the 5th Day of "February 18c8, when their Lord fhips were pleafed to "affirm the faid Decree, with Two hundred Pounds "Cofts; that, on bringing the faid Appeal, John Mills "Gentleman entered into the ufual Recognizance for "the Appellants profecuting the faid Appeal, and for Payment of fuch Cofts as fhould be awarded in cafe "the Decrees complained of fhould be affirmed; that "the Appellants being all refident out of this Part of "the United Kingdom, the Petitioners caufed the faid George Goold, William Coppinger, Sir Patrick O'Connor 66 Knight, and Sir Francis Goold Baronet, and also the "faid John Mills, to be ferved with a Copy of their "Lordships Order, and at the fame Time a Demand was made of the Cofts fo directed by the faid Order "to be paid to the Fetitioners; but neither the faid "George Goold, Sir Francis Goold, William Coppinger, "Sir Patrick Connor, or the faid John Mills, have or hath, either of them, paid the fame;" and therefore praying their Lordfhips, That the faid Recognizance "fo entered into by the faid John Mills may be eftreated "into His Majefty's Court of Exchequer, for the Benefit "of the Petitioners, or that their Lordships would be pleased to give fuch other Relief as to the Houfe fhall "feem meet:" 66 And thereupon Mr. James Pafinore, the Agent for the Refpondents, was called in, and being fworn, was heard at the Bar: And being withdrawn ; ORDERED, That the faid Petition be taken into further Confideration To-morrow. 66 tions of Peers Upon reading the Petition of the Right Honourable Ld. Clarina's Nathaniel Baron Lord Clarina, fetting forth, "That the Petition, Petitioner, in confequence of the Death of his elder claiming to "Brother Clement George Maffey, on the 11th Day of vote at Elec"December 1796, is become the eldeft Son of the late for Ireland. Eyre Baron Clarina, who was, by Letters Patent bearing Date the 28th Day of December 1801, created a "Peer of Ireland; that the Petitioner, by virtue of fuch "Letters Patent, claims a Right to vote at the Election of Peers of Ireland to fit in the Parliament of the United Kingdom;" and therefore praying, "That "his faid Right may be admitted by their Lordships :" It is ORDERED, That the faid Petition be referred to the Lords Committees for Privileges. Upon Newcaftle and Hants Debtors Petitions. Banbury Peerage deferred. Bazett's Divorce Bill. 4th Report of Carnatic Commiffioners delivered. Imports and Exports, Accounts of, delivered. Upon reading the Petition of the Prisoners confined for Debt in the Gaol or Prifon called Newgate, in the Town and County of Newcastle-upon-Tyne: And alfo, Upon reading the Petition of the Perfons confined for Debt in the County Gaol of Hants; feverally complaining of their Distress, and praying Relief: It is ORDERED, That the faid Petitions do lie on the Table. It was moved, "That the Order made on Friday laft, "That the Committee for Privileges, to whom is referred "the Petition of William Earl of Banbury to His Majefty touching the faid Earldom, with His Majefty's Re"ference thereof to this House, and the Report of His 66 Majesty's Attorney General thereunto annexed, do "meet to confider further of the faid Claim on Tuesday "the 7th of this inftant February, and that Notice "thereof be given to His Majesty's Attorney General," "be now read :" The fame was accordingly read by the Clerk. ORDERED, That the faid Order be discharged. ORDERED, That the Committee for Privileges do meet to confider further of the faid Claim on Tuesday the 14th of this inftant February; and that Notice thereof be given to His Majesty's Attorney General. He was called in, and delivered at the Bar, pursuant delivered. the Directions of an Act of Parliament; "The Annual Account of the Commiffioners for the "Reduction of the National Debt, for one Year, ending on the 31st of January 1809." ORDERED, That Sarah Selby do attend this Houfe on Friday next, in order to her being examined as a WitAnd Alfo," An Account of all Bank Annuities nefs upon the Second Reading of the Bill, intituled, "transferred to the Commiflioners for the Reduction of "An Act to diffolve the Marriage of Richard Campbell "the National Debt, for the Purchase of Life Annuities, "Bazett with Margaret Ann Bazett his now Wife, and "and of the Dividends receivable in refpect thereof, "to enable him to marry again, and for other Purposes" and the Amount of all Life Annuities granted thereon; "therein mentioned." "alfo, the Amount of the Annual Sums which, by "reason of the Deaths of Nominees have reverted to The House being informed, "That Mr. Parkhouse," the Sinking Fund; together with the Amount of "Secretary to the Commiffioners for investigating the "Debts of the late Nabobs of the Carnatic, attended," He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament, "The Fourth Report of the Commiffioners appointed "under an Agreement concluded on the 10th of July "1805, between the East India Company and the "Private Creditors of the late Nabobs of the Car"natic." The Houfe being informed, "That Mr. Irving, Infpector General of Imports and Exports, attended;" He was called in, and delivered at the Bar, pursuant to an Order of Wednesday the 2 5th of January last : "An Account of the total official and real Value "of all Imports into and Exports from Great Britain, "for Three Years ending 10th of October 1808; dif"tinguishing each Year, and Foreign Merchandize from 66 British Produce and Manufactures." Alfo, "An Account of the official and real Value "of all Imports and Exports between Great Britain and "the United States of America, for Three Years, to the "lateft Period for which the fame can be given; diftinguishing each Year, and the principal Articles of "fuch Imports and Exports, and alfo Foreign Mer"chandize from British Produce and Manufactures." 46 And alfo, "An Account of the principal Articles of "Provifion and Lumber imported into His Majefty's "Colonies in the West Indies in the Years 1805, 1806, "and 1807; diftinguishing each Year, each Island, and "Colony refpectively, and the feveral Countries from "which fuch Articles were imported." And then he withdrew. "Life Annuities now payable, and the Excess of the "faid Annuities above the Amount of the Dividends "receivable on all Bank Annuities fo transferred, pur"fuant to the 48th Geo. 3d. cap. 142. from the ft "September 1808 to the 31st January 1809." And then he withdrew ; And the Titles thereof, being read by the Clerk; ORDERED, That the faid Accounts do lie on the Table. Bul: The Order of the Day being read for the Second Id. BoringReading of the Bill, intituled, "An Act to diffolve the don's Divorce Marriage of the Right Honourable John Lord Boring"don, with the Right Honorable Augusta Lady Boringdon "his now Wife, and to enable him to marry again, and "for other Purposes therein mentioned;" and for hear to be fummoned : ing Counsel for and against the fame; and for the Lords Counsel were accordingly called in. And Mr. Parke and Mr. Dampier appearing as Counfel for the Petitioner, and no Counfel appearing for Lady Boringdon, Mr. Dampier was heard to open the Allegations of the Bill. Then Mr. John Spinks was called in; and, being fworn, produced a Paper, and informed the House, "That on Monday the 23d of January laft he ferved Lady Boringdon with the faid Paper, being a Copy "of the Order of this House for the Second Reading "of the Bill, and alfo with a Copy of the Bill at the "fame Time.” The Witnefs was directed to withdraw. |