49 GEO. III. Allan against Cleghorns. Willink for a Journals of the Houfe of Lords. The House being moved, "That a Day may be It is ORDERED, That this Houfe will hear the faid Upon reading the Petition of Daniel Willink of Cham- tion Bill: Bill pre fented. Duff against the Magif trates of In vernefs. King's An fwer to Addreffes. Militia En 66 The faid Bill was read the first Time. Upon reading the Petition of Hugh Robert Duff of Muirtown in North Britain, Appellant in a Caufe depending in this Houfe, to which the Magistrates and Town Council of the Burgh of Inverness are Refpondents; fetting forth, "That the Petitioner hath lately appealed from an Interlocutor of the Court of Seffion "in Scotland; that in the Appeal the Petitioner is "called by Miftake Robert Duff instead of Hugh Ro"bert Duff; the Petitioner therefore prays, Their Lordfhips that the faid Appeal may be altered, by adding "the Name Hugh :" 66 It is ORDERED, That the Petitioner be at Liberty to amend his faid Appeal, as defired. The Lord Chamberlain reported, "That the Lords "with White Staves had (according to Order) waited "on His Majefty with their Lordships Addreffes of Friday laft; and that His Majefty was pleased to say, "He would give Directions accordingly." ORDERED, That the Bill, intituled, " An Act to "An Act to liftment Bill allow a certain Proportion of the Militia of Great "Britain to enlist voluntarily into the Regular Forces," be read a second Time on Monday next; and that the Lords be fummoned. Hodie 2a vice lecta eft Billa, intituled, An A& for "continuing to His Majefty certain Duties on Malt, "Sugar, Tobacco, and Snuff, in Great Britain; and "on Penfions, Offices, and Perfonal Eftates in England; "for the Service of the Year One thoufand eight hun"dred and nine." ORDERED, That the faid Bill be committed to a Committee of the whole House: ORDERED, That the House be put into a Committee upon the faid Bill on Monday next. Hodie 2a vice lecta eft Billa, intituled, " An A&t for "raising the Sum of One million five hundred thoufand "Pounds by Exchequer Bills, for the Service of Great "Britain, for the Year One thousand eight hundred "and nine.' ORDERED, That the faid Bill be committed to a Committee of the whole House: ORDERED, That the House be put into a Committee upon the faid Bill on Monday next. Hodie 2 vice lecta eft Billa, intituled, " An Act for "raifing the Sum of Ten millions five hundred thousand "Pounds by Exchequer Bills, for the Service of Great "Britain, for the Year One thoufand eight hundred "and nine." ORDERED, That the faid Bill be committed to a Committee of the whole House. ORDERED, That the House be put into a Committee upon the faid Bill on Monday next. VOL. XLVII. 49 Upon reading the Petition of the Company of Ar- Braflers morers and Brafiers in the City of London, praying Company's Leave to bring in a Bill for the Purposes in the faid Pe. Petition re Judges. tition mentioned: It is ORDERED, That the Confideration of the faid Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Wood, who are forthwith to fummon all Parties concerned in the Bill, and after hearing them are to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Confequence of the Bill, have figned the Petition; and alfo, that the Judges, having perused the Bill, do fign the fame. ferred to meet. Upon reading the Petition of Archibald Borthwick Borthwick Efquire, claiming the Title of Lord Borthwick; fetting Peerage, forth, "That the Petitioner hath delivered in his printed Committee to "Cafe, in relation to his faid Claim, according to their "Lordships Standing Order; and therefore praying, "That their Lordships will be pleased to order that the "Lords Committees of Privileges may meet to confider "of the faid Claim on Tuesday the 14th Day of March "next, or fuch other Day as their Lordfhips fhall be pleafed to appoint; and that Notice thereof may be given to His Majefty's Attorney General, and the "Lord Advocate for Scotland :" It is ORDERED, That the Lords Committees for Pri vileges do meet to confider of the faid Claim on Tuesday the 14th Day of March next; and that Notice thereof be given to His Majefty's Attorney General, and the Lord Advocate for Scotland. Upon reading the Petition of the Prisoners confined Lancafter for Debt in His Majefty's Gaol the Caftle of Lancafter, Debtors complaining of their Diftrefs, and praying Relief: It is ORDERED, That the faid Petition do lie on the Table. ORDERED, That the said Petition be referred to the of the Practice of Imprisonment for Civil Debt, and the Committee appointed to enquire into the present State Confequences thereof. Ordered. America, Motion for Addrefs refpecting negatived. Adjourn. The Order of the Day being read for the Lords to be fummoned : fuerunt : Dux CUMBERLAND. Ds. Haftings. Ds. Clifton. It was moved, "That an humble Addrefs be prefented Domini tam Spirituales quam Temporales præfentes 66 "Neutrals to and from the Ports and Countries of His Dangers to which Neutral Commerce was expofed by has been in other Refpects effentially impeded: That "in the Month of Auguft laft, the Minifter of the United "States refident at this Court made to His Majefty's "Government an authorized and explicit Offer of reeftablishing the faid Intercourfe, propofing that if His "Majefty's Orders in Council fhould be repealed, as far as regarded the United States, the Embargo impofed "in the faid States fhould be removed, as far as regarded "His Majefty's Dominions; and adding, that if His Majefty's Enemies fhould not refcind their Decrees, "the faid Embargo fhould be continued, as with refpect to them: That this Offer, on the Part of the "United States, appears to us juft in Principle, and 66 in its Tendency highly advantageous to the effential "Interests of this Country; juft inafmuch as it re"moved all Pretence of the Acquiefcence of the United "States in the French Decrees; which Acquiefcence 66 was the only Ground on which any Right could ac- "Dominions and the United States of America; and to After long Debate, The Queftion was put thereupon. It was refolved in the Negative. Archiep. Cantuar. PRAYERS: Ds. Eldon, Cancella- Ds. Napier. Ds. Bofton. Ds. Harrowby. Ds. Auckland. of the late Major Robert Wallace, and Vans Hathorn, to the Appeal of David Kinloch and others. Kinloch et al. against Rocheid. And also, The Anfwer of George Refton Junior, to the Macmillan Appeal of Andrew Macmillan, Merchant in Glasgow, against and others. Refton. Macneil: info After hearing Counfel, as well on Friday the 27th Smith and Day of January laft, as on Tuesday the 14th Day of this Robertfon inftant February, and this Day, upon the Petition and again Appeal of the Reverend Doctor John Smith, and of the Reverend Doctor George Robertfon, Ministers of the Parish of Campbelton, complaining of Two Interlocutors of the Lords of Seffion in Scotland, as Commiflioners for the Plantation of Kirks and Valuation of Teinds, of the 28th of January and 3d of June 1801; and praying, "That the fame might be reverfed, varied, or amended, "or that the Appellants might have fuch other Relief in "the Premises as to this House, in their Lordships great "Wisdom and Justice, fhould feem meet;" as alfo upon the Answer of Major Hector Macneil of Ardnacross, put in to the faid Appeal, and due Confideration had of what was offered on either Side in this Caufe: It is ORDERED and ADJUDGED, by the Lords Spiri- Interlocutors tual and Temporal, in Parliament affembled, That the affirmed. Houfe; and that the faid Interlocutors therein complained of be and the fame are hereby affirmed. faid Petition and Appeal be and is hereby difmiffed this Judgement Cofts. It is ORDERED and ADJUDGED, by the Lords Spiriaffirmed with tual and Temporal in Parliament affembled, That the faid Judgment given in the Court of King's Bench be, and the fame is hereby affirmed; and that the Record be remitted, to the end Execution may be had thereupon, as if no fuch Writ of Error had been brought into this Houfe: And it is further ordered, That the faid Plaintiff do pay or caufe to be paid to the faid Defendants, the Sum of One hundred and thirty-five Pounds, for their Cofts fuftained by reafon of bringing the faid Writ of Error. Goulburn in Error: The Tenor of which Judgment, to be affixed to the "On which Day, before the fame Court of Parlia upon the faid Court of Parliament, having feen, dili"gently examined, and fully understood, as well the "Record and Procefs aforefaid, and the Judgment given "thereupon, as the Caufes and Matters aforefaid affigned by the faid John Gibfone, as above, for Error; and "mature Deliberation thereon being had, it appears to "the faid Court of Parliament, that there is no Error, "either in the Record and Proceedings aforefaid, or in "the giving of the Judgment aforefaid, or in the Af"firmance of the fame Judgment; and that the faid "Record is in no ways vitious or defective: Therefore "it is confidered by the fame Court of Parliament afore"faid, that the faid Judgement, and alfo the Affirmance "of the fame Judgement, be in all Things affirmed, and ૮ ftand in their full Force and Virtue, notwithstanding "the Caufes and Matters aforefaid, as above affigned for "Error; and it is further confidered by the fame Court "of Parliament, that the faid Sir Matthew White Ridley "Baronet, Matthew Bell, and Thomas Gibfon, do recover against the faid John Gilfone One hundred and thirty"five Pounds, adjudged to the faid Sir Matthew White Ridly Baronet, Matthew Bell, and Thomas Gibfon, with their Affent, by the fame Court of Parliament « aforefaid, according to the Form of the Statute in "fuch Cafe made and provided, for their Cofts, Charges, "and Damages which they have fuftained by reafon of "the Delay of Execution of the Judgment aforesaid, on "Pretext of profecuting 'the Writ of Error aforefaid; "and thereupon the Record aforefaid, and alfo the 66 66 "Procefs had in the Court of Parliament aforefaid on "the Premises, are fent back by the fame Court of Par"liament to the Court of the faid Lord the King, before "the King himself, wherefoever he fhall then be in England, &c. to do Execution thereupon, &c." Whereas this Day was appointed for hearing Counfel against Raine, to argue the Errors affigned upon the Writ of Error brought into this Houfe on the 1ft Day of this instant February, wherein Edward Goulburn is Plaintiff, and Philip Raine Defendant, in order to reverse a Judgment given in the Court of King's Bench for the Defendant in Error; Counsel appearing for the faid Defendant, but no Counsel for the Plaintiff in Error, (who made Default): fendant, the Sum of One hundred and five Pounds, for his Cofts fuftained by reafon of bringing the faid Writ of Error. Tranfcript of the Record, is as follows: Ogilvy and able Walter Ogilvy of Clova, and Robert Graham Graham Upon reading the Petition and Appeal of the Honour- Ogilvy and Efquire, of Fintry, who, with the now deceafed Sir Wil. agaialt liam Ramfay of Banff, Baronet, were the only accepting Sir D. WedTrustees appointed, by the now deceafed David Ogilvy derburn : of Airly, otherwife called Earl of Airly; complaining of Seven Interlocutors of the Lord Ordinary, in Scotland, of the ft of March, and the 14th of November 1806; the 14th of January, the 25th of February, the 11th of March, the 19th of May, and the 3d of June, 1807; alfo of an Interlocutor of the Lords of Seffion there, of the 14th of December 1808; and alfo of Three other Interlocutors of the Lord Ordinary of the 26th of January and the 2d and 10th of February 1809; and praying, "That the fame may be reverfed, varied, or "altered, or that the Appellants may have fuch other "Relief in the Premises, as to this House, in their 66 Lordships great Wisdom, fhall feem meet; and that David Wedderburn may have a Copy of the faid Appeal, The Houfe being moved, "That John Spottiswoode, Spottiswoode of Sackville Street, Gentleman, may be permitted to "enter into a Recognizance for the Honourable Walter Recognizance Ogilvy and Robert Graham Efquire, on account of Wallace et al. againft Wallace. E. Rodens et al. Petition referred to Judges. Strack for a Naturalization Bill; Bill pre fented. Ackermann It is ORDERED, That this Houfe will hear the faid Caufe, by Counsel at the Bar, on the first vacant Day for Caufes, after thofe already appointed. The House being moved, "That a Day be appointed "for hearing the Caufe wherein Houston Wallace and "others are Appellants, and Robert Alexander Wallace "and others are Refpondents :" It is ORDERED, That this House will hear the faid Caufe, by Counsel at the Bar, on the first vacant Day for Caufes, after thofe already appointed. Upon reading the Petition of the Right Honourable Robert Earl of Roden, the Honourable Thomafin Cole Jocelyn Widow, Harriet Jocelyn, Georgina Jocelyn, Louifa Joan Jocelyn, Sophia Mary Jocelyn, Anne Jocelyn, and Thomafin Jocelyn, all now Infants under the Age of Twenty-one Years, by their Mother the faid Thomafin Cole Jocelyn, and alfo Guardian of the faid Infants, appointed by the High Court of Chancery in Ireland; the Honourable and Reverend Percy Jocelyn, John Metge, and John Orr, 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 Mr. Juftice Daly in Ireland, and Mr. Justice Ofborne in Ireland, who are forthwith to fummon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Confequences of the Bill, have figned the Petition; and alfo, that the Judges, having perufed the Bill, do fign the fame. Upon reading the Petition of William Strack, now refiding in the City of London, Merchant, Son of Charles Strack, late of Mentz in Germany, (Privy Counsellor to the late Elector of Mentz), decealed, by Martha Kramer his Wife, and born at Mentz aforefaid, praying Leave to bring in a Bill for his Naturalization: It is 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 Houfe, a Bill, intituled, "An Act for naturalizing Wil"liam Strack." The faid Bill was read the First Time. Upon reading the Petition of Rudolph Ackermann, for a Natura- Son of Bartholemew Ackermann by Sufanna his Wife, born at Stolberg in Saxony, praying Leave to bring in a Fization Bill: Bill prefented. York and Bodmin Debtors Petition. Bill for his Naturilization: It is ORDERED, That the faid Petition do lie on the Table. Error. A Petition of Edward Younge, Defendant in a Writ of Parry againft Error depending in this Houle, wherein John Parry is Young, in Plaintiff; fetting forth, "That the Petitioner having "recovered a Judgment in His Majefty's Court of Com"mon Pleas, against the Plaintiff in Error, for the Sum "of Two hundred and fixteen Pounds eighteen Shillings Damages, in cafe the Plaintiff brought a Writ of Error "thereon, returnable in His Majesty's Court of King's "Bench, which faid Judgment was affirmed without 66 Argument, with Twenty-four Pounds Cofts; and the faid Plaintiff thereupon brought a Writ of Error re"turnable before their Lordships; and the Record having been tranfcribed, was, together with the faid "Writ of Error, brought up into this Houfe on the ift "Day of February Inftant, and the Plaintiff hath affigned 66 Errors thereon, which are fet down for hearing after "the Causes already appointed; that inafmuch as the "Petitioner cannot avail himself of any Benefit from the Judgment fo obtained, pending the faid Writ of Error, " and the Petitioner apprehends the faid Writ of Error "is brought merely for Delay, and Errors have been affigned for the only Purpose of staying the faid Judg ment until the next Seffion of Parliament; and thereappoint a fhort Bye Day for hearing the faid Errors, "fore praying, That their Lordfhips will be pleafed to "or that their Lordships will be pleased to make such "other Order in the Premises, as to their Lordships in "their great Wisdom fhall feem meet." A Meffage was brought from the Houfe of Commons, Aberdeenby Mr. Farquhar and others: With a Bill, intituled, " An Act for better enabling "the Company of Proprietors of the Aberdeenshire "Canal Navigation to raise the neceffary Fund to complete the fame;" to which they defire the Concurrence of this House. The faid Three Bills were, feverally, read the First Time. fhire Canal Bill. The Houfe (according to Order) was adjourned dur- Malt, &c. ing Pleafure, and put into a Committee upon the Bill, Duties Bill, intituled, "An Act for continuing to His Majefty cer"tain Duties on Malt, Sugar, Tobacco, and Snuff, in "Great Britain; and on Penfions, Offices, and Per"fonal Eftates in England; for the Service of the Year "One thoufand eight hundred and nine."' After fome Time, the House was refumed: And the Lord Walfingham reported from the Com. mittee, "That they had gone through the Bill, and di"rected him to report the fame to the Houfe, without 66 any Amendment." The House (according to Order) was adjourned dur ing Pleasure, and put into a Committee upon the Bill, (1,500,000l.) intituled, "An Act for raising the Sum of One million "five hundred thousand Pounds by Exchequer Bills, "for the Service of Great Britain, for the Year One "thousand eight hundred and nine." Bill. Exchequer (10,500,000l.) Bill. Equity After fome Time, the House was refumed: And the Lord Walfingham reported from the Committee, "That they had gone through the Bill, and di"rected him to report the fame to the House, without any Amendment." The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An A&t for raising the Sum of Ten millions "five hundred thousand Pounds by Exchequer Bills, "for the Service of Great Britain, for the Year One ❝ thousand eight hundred and nine." After fome Time, the House was resumed: And the Lord Walfingham reported from the Committee, "That they had gone through the Bill, and di"rected him to report the fame to the Houle, without any Amendment." Hodie 2a vice lecta eft Billa, intituled, " An Act for Debtors Bill. « the Relief of Prifoners in Cuftody for Non-pay"ment of Money, pursuant to Orders of Courts of Equity." Army Returns de livered. Watchett 66 ORDERED, That the faid Bill be committed to a Committee of the whole House. ORDERED, That the House be put into a Committee upon the faid Bill To-morrow. ORDERED, That the House be put into a Committee upon the faid Bill To-morrow. 53 His Majefty, to request, "That His Majefty will be gra- H.Dalrymple ORDERED, That an humble Addrefs be prefented to Letter to Sir ciously pleased to order, That there be laid before the Con "this House: refpecting 66 66 vention at Cintra, and "Copy of a Letter or Letters from the Secretary of Letter from State to Sir Hew Dalrymple, expreffing His Ma- Ld Hawkesjefty's Difapprobation of thofe Articles in the Con- bury to the "vention concluded at Cintra, which affected the In- Ld Lieut. of "tereft or Feelings of the Spanish and Portuguese Na- Addrefs for. ❝tions:" And alfo, "Copy of a Letter from Lord Hawkesbury to His "Grace the Duke of Richmond, Lord Lieutenant of "Ireland, dated Whitehall, the 13th of June 1808." ORDERED, That the faid Address be prefented to His Majesty by the Lords with White Staves. Copies or Extracts from Dispatches from Sir Charles "Cotton, as far as the fame relate to the Ruffian Fleet "in the Port of Lisbon; and the Convention concluded "with the Ruffian Admiral." in Lisbon, Address for Papers refpecting. tum continuandum effe ufque ad et in diem Martis, vi- The Earl of Liverpool (by His Majesty's Command) Domini tam Spirituales quam Temporales præfentes ORDERED, That the faid Returns be printed. The Lord Walfingham reported from the Lords ComHarbour Bill. mittees, to whom the Bill, intituled, "An A&t for "continuing the Term and Powers of feveral Acts paffed for repairing the Harbour and Quay of Wat"chett, in the County of Somerfet," was committed: "That they had confidered the faid Bill, and examined "the Allegations thereof, which were found to be true; " and that the Committee had gone through the Bill, and "directed him to report the fame to the Houfe, without any Amendment." Hodie 3 vice lecia eft Billa, intituled, " An A&t for Malt, &c. continuing to His Majefty certain Duties on Malt, Duties Bill: Sugar, Tobacco, and Snuff, in Great Britain; and "on Penfions, Offices, and Perfonal Eftates in England, "for the Service of the Year One thoufand eight hun"dred and nine." The Queftion was put, "Whether this Bill "fhall pafs?" It was refolved in the Affirmative. Hodie 3 vice leta eft Billa, intituled, "An A&t for Exchequer raifing the Sum of One million five hundred thoufand Bills, "Pounds by Exchequer Bills, for the Service of Great (1,500,000l.) "Britain, for the Year One thoufand eight hundred " and nine." Bill et |