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Plaintiff in Error do pay or cause to be paid to the De “ Date on the 4th Day of February One thousand eight
fendants in Error, the Sum of Forty Pounds, for their “ hundred and seven, on which Day the said Cause first
Costs, by Reason of the Delay of the Execution of the. “ came on to be re-heard in the Court of Chancery in
said Judgment.

Ireland ; that the said Cause did in fact come on to be

“ re-heard on the said 4th Day of February 1807, and O'Kelly Upon reading the Petition of Joseph Sparkes, De was actually in part re-heard on that Day, which reagainst fendant in a Writ of Error depending in this House, “ hearing was continued on the 5th, 6th, gth, and 10th Sparkes : wherein Andrew Dennis O'Kelly is Plaintiff ; setting Days of the said Month of February 1807, on which

forth, “ That the Plaintiff hath not assigned Errors - last-mentioned Day the said Decree or Order bears
“ within the Time limited by their Lordships Standing “ Date, and not on the 4th Day of February 1807, as
« Order; and therefore praying their Lordships, That “ stated in the faid Appeal; and therefore praying their
“ the said Writ of Error may be Non-pros'd, with such “ Lordships, That he may have Leave to amend his said

“ Costs as to their Lordships shall seem meet :" “ Appeal, by substituting the Words“ said ist Day of
Writ of Error
It is ORDERED, That the Petitioner do forth with

February 1805,” in place of the Words “ 12th Day of Non-pros'd enter a Non-pros on the said Writ of Error, as desired;

February 1805;” and also by substituting in the said with Cofts. and that the Record be remitted to the Court of King's

“ Appeal, after the Words, “ and the said Cause was

6 set down to be re-heard on the 4th Day of February
Bench, to the end Execution may be had upon the
Judgment given by that Court, as if no such Writ of

“ 1807," and fame was accordingly re-heard on that
Error had been brought into this House; and further,

“ Day, the Words, “ and on the 5th, 6th, 9th, and
that the Plaintiff in Error do pay or cause to be paid « mentioned Day the then Lord Chancellor was pleased

“ roth Days of faid Month of February, on which laste
to the Defendant in Error, the Sum of Forty Pounds,
for his Colts, by Reason of the Delay of the Execution

“ to order," &c. the Petitioner amending the Respon.
of the said Judgment.

« dents Copy :"

It is ORDERED, That the Petitioner be at Liberty to
Ld. Keith The House being moved, “ That a Day may be ap- amend his faid Appeal, as desired, he amending the Re.
against pointed for hearing the Cause wherein George Lord fpondents Copy.
Hamilton.

" Keith is Appellant, and William Hamilton is Respon-
66 dent:"

ORDERED, That the further Consideration and Se Carpbell's
It is ORDERED, That this House will hear the faid cond Reading of the Bill, intituled, “ An Act to diffolve Divorce Bill.
Cause, by Counsel at the Bar, on the first vacant Day for

“ the Marriage of Peter Campbell junior, Esquire, with Causes alter those aiready appointed.

Elizabeth Lewis Woollery his now Wife, and to enable

“ him to marry again, and for other Purposes therein Bp.Rochester Upon reading the Petition of the Right Reverend

“ mentioned ;" which stands appointed for this Day, med Fonfer's Walker Lord Bishop of Rochester, Patron of the Rectory be put off to Tuesday next; and that the Lords be sumand Parish Church of Saint Mary Woolwich, in the County

moned.
ferred to
Judges.

of Kent, and the Reverend Hugh Fraser. Clerk, Rector
of the said Rectory and Parish Church ; praying Leave

Dominus Cancellarius declaravit præsens Parliamen- Adjourk, to bring in a Bill, for the Purposes in the said Petition. tum continuandum esse ufque ad et in diem Veneris, mentioned:

vicesimum quartum diem inftantis Februarii, horà unde

cimâ Auroræ, Dominis fic decernentibus.
It is ORDERED, That the Consideration of the said
Petition be, and is hereby referred to Mr. Justice Heath
and Mr. Baron Graham; who are forthwith to summon
all Parties concerned in the Bill, and after hearing them
are to report to the House the State of the Case, with

I E Veneris, 24° Februarii 1809.
their Opinion thereupon under their Hands; and whe-
ther all Parties, who may be concerned in the Conse-
quences of the Bill, have signed the Petition; and also, Domini tam Spirituales quam Temporales præsentes

fuerunt :
that the Judges, having perused the Bill, do sign the
fame.

Epus. Carliol.

Dux CUMBERLAND. Ds. Hastings.

Ds. Eldon, Cancella. Ds. Napier. Radcliffe, &c. The Lord Walfingham reported from the Lords Com

Ds. Dutton. Enclosure

rius. mittees, to whom the Bill, intituled, “ An Act for en

Ds. Walsingham. Bill. “ closing Lands in the Parish of Radcliffe, and the Town

Comes IVestmorland, Ds. Auckland. “ fhip of Ainsworth, in the Parish of Middleton, in the

C.P.S.

Is. Carrington. County Palatine of Lancaster," was committed : “That “ they had considered the said Bill, and examined the

Dux Norfolk, Maref. Ds. Redesdale

. callus.

Ds. Arden. 56 Allegations thereof, which were found to be true ;

Ds. Ailja. " that the Parties concerned had given their Consents,

Comes Carlife. to the Satisfaction of the Committee ; and that the

Comes Selkirk. ommittee had gone through the Bill, and directed

Comes Aboyne. “ him to report the same to the House, without any

Comes Grabam. " Amendment."

Comes Bathurst.

Comes Liverpool.
Hone against Upon reading the Petition of Nathaniel Hone Esquire,
Davis et al. Appellant in a Cause depending in this House, to which PRAYERS.

Sarah Davis Widow, and others, are Respondents ; set-
ting forth,
“ That the Petitioner, on the 20th Day of

After hearing Counsel in Part in the Cause wherein Roche against January last, presented his Appeal to their Lordships John Roche Esquire is Appellant, and Mary Morgell Morgeil et al.

against Three several Decrees and Orders of the Court Widow, and others, are Respondents :
“ of Chancery of Ireland ; and praying, That their It is ORDERED, That the further Hearing of the said

Lordships would be pleased to reverse the same, or Cause be put off to Monday next.

to grant such Relief to the Petitioner as to their Lord.
“ ships should seem meet : That one of the said Decrees Upon reading the Petition of the Right Reverend Bp. Lincoln's
or Orders was in the said Appeal stated, by Mistake, to George Lord Bishop of Lincoln, John Pretyman Clerk,

et al. Petition

referred to “ bear Date on the 12th Day of February, instead of Archdeacon of Lincoln, Doctor of Divinity ; Francis Judges. " the First Day of February 1805, on which Day the Swan Clerk, Vicar of Kirton, in the Çounty of Lincoln ; "s said Decree, prayed to be reversed, is dated : That George Hutton Clerk, Rector of Algarkirke cum Fofdyke, “ another Decree or Order prayed by the said Appeal in the said County of Lincoln, Doctor of Divinity ; and to be reversed, is by the faid Appeal stated to bear Thomas Francis Twigge of Tickbill, in the County of.

York,

D"

York, Clerk ; praying Leave to bring in a Bill for the Pur A Message was brought from the House of Commons, Ro: herham
poses in the said Petition mentioned :
by Sir Lawrence Dundas and others :

Road Bill.
It is ORDERED, That the Confideration of the said Peti With a Bill, intituled, “ An A& for making and
tion be, and is hereby referred to Mr. Justice Grose and “ maintaining a Road from Rotherham to Swinton, in
Mr. Justice Chambre, who are forthwith to fummon all “ the West Riding of the County of York;” to which
Parties concerned in the Bill; and after hearing them

are they desire the Concurrence of this House.
to report to the House the State of the Cafe, with their
Opinion thereupon, under their Hands; and whether all A Message was brought from the House or Commons, Hurley, &c.
Parties, who may be concerned in the Consequences of by Mr. Heathcote and others :

Enclosure the Bill, have signed the Petition; and also, that the

Bill.

With a Bill, intituled, “ An Act for enclosing Lands
Judges, having perused the Bill, do sign the same.

“ in the Parish of Hursley and the Manor of Murdon,

“ in the County of Southampton;" to which they desire Tirel Morin Upon reading the Petition of Mary Anne Tirel Morin, the Concurrence of this House. and Hum

of Weedon Lodge and Hardwicke, in the County of phreys Peti

The faid Three Bills were, severally, read the First tion referred Buckingham, Widow, and Salupury Pryce Humplireys

Time. to Judges. Esquire, a Captain in the Royal Navy, on Behalf of him. self and his Son Salusbury Humphreys, an Infant of

The Order of the Day being read for hearing One Pemberton et tender Years ; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned :

Counsel on each side further to argue the Errors af- al. against

signed upon the Writ of Error, wherein Mary Pemberton Willington, 'It is Ordered, That the Consideration of the said and others are Plaintiffs, and Charles Oakes and Thomas in Error: Petition be, and is hereby referred to Mr. Baron Thom. Willington are Defendanis; for and Mr. Justice Le Blanc, who are forthwith to fum

Counsel were accordingly called in, mon all Parties concerned in the Bill; and after hearing them are to report to the House the State of the Cafe, Then, Upon reading the Petition of Charles Oakes and Defendants with their Opinion thereupon, under their Hands; and Thomas Willington,surviving Partners of William Harding, Petition to whether all Parties, who may be concerned in the Con- deceased ; setting forth, “ That in Trinity Term One thou- quash the sequences of the Bill, have signed the Petition ; and also, “ fand eight hundred and fix, the Petitioners commenced Error. that the Judges, having perused the Bill, do sign the same. an A&tion in His Majesty's Court of Exchequer of

“ Pleas at Westminster, against Mary Pemberton Widow, St. Mary

Thomas Pemberton, Edwin Pemberton, and Benjamin
Upon reading the Petition of Martin Joseph Routh
Magdalene's

Stokes, Executrix and Executors of the last Will and
College
D.D., President of the College of Saint Mary Magdalene,

« Testament of Samuel Pemberton, deceafed, on a Bond Petition re

in the University of Oxford, and of the Scholars of the ferred to said College; praying Leave to bring in a Bill for the

“ entered into by them in the penal Sum of Forty thouJudges. Purposes in the said Petition mentioned :

“ fand Pounds, and filed their Declaration thereupon in

“ the same Term : That on the Twenty-fourth Day of It is ORDERED, That the Consideration of the said

June One thousand eight hundred and fix, the said
Petition be, and is hereby referred to the Lord Chief

Mary Pemberton and others, the Defendants in the said
Justice of the Court of Common Pleas, and Mr. Justice

“ Action, pleaded thereto a sham Plea of Judgment re-
Lawrence, who are forthwith to summon all Parties con-

“ covered, to which a Replication was duly filed and cerned in the Bill; and after hearing them are to re

“ Issue thereupon joined : That on the Eleventh Day of port to the House the State of the Case, with their Opi.

November One thousand eight hundred and fix, the nion thereupon, under their Hands; and whether all

“ faid Plea was withdrawn, and Judgment was thereParties, who may be concerned in the Consequences of "

upon signed in the said Action by the Petitioners : That the Bill, have signed the Petition ; and also, that the

" the said Mary Pemberton and others afterwards obtained Judges, having perused the Bill, do sign the same. “ a Rule in the faid Court of Exchequer, calling upon

“ the Petitioners to shew Cause why the faid Judgment Radeliffe, &c. Enclosure

Hodie zo vice lecta et Billa, intituled, “ An Act for “ should not be set aside, and the said Mary Pemberton
Bill :

" enclosing Lands in the Parish of Radcliffe, and the “ and others let in to plead to the faid Action, which
“ Township of Ainsworth, in the Parish of Middleton, in “ Rule was, upon shewing Cause, discharged with Costs:
“ the County Palatine of Lancaster."

“ That the said Mary Pemberton and others sued out a

“ Writ of Error upon the said Judgment, founded upon
The Question was put, “ Whether this Bill shall
pass.”

“ the Statute made in the Thirty-first Year of the Reign
It was resolved in the Affirmative.

“ of King Edward the Third, returnable before the
“ Lord Chancellor and the Treasurer of the Exchequer

“ on Tuesdny the Eighteenth Day of November One thou.
Message to A Message was sent to the House of Commons, by Mr.
H. C. that

“ fand eight hundred and six, which Writ of Error was Smith and Mr. Ord : the Lords

Non-pros'd for Want of an Assignment of Errors: That have agreed

To acquaint them, That the Lords have agreed to “ the said Mary Pemberton and others afterwards sued the said Bill, without any Amendment. .

“ out a Writ of Error, returnable before His Majesty

“ in Parliament, directed to the Treasurer and Barons of Militia A Message was brought from the House of Commons, “ His Majesty's Exchequer fuggesting therein, that in Enlistment (Ireland), by Mr. Wharton and others:

“ the Record and Process, as also in the giving of Judg

“ ment in the said Plaint in Our faid Lord the King's Bill. With a Bill, intituled, “ An Act to allow a certain

“ Court before His Barons in His Exchequer aforesaid by “ Proportion of the Militia in Ireland voluntarily to en

“ Bill between the said Parties, which Record and Pro“ lift into His Majesty's Regular Forces ;” to which they

“ cess, by reason of Error intervening, Our said Lord the defire the Concurrence of this House.

“ King caused to come before the Lord Chancellor of The said Bill was read the First Time.

Great Britain, and the said Treasurer and Barons, into

" the Chamber of Council, called the Council Chamber ORDERED, That the said Bill be printed.

“ of the said Exchequer; and Judgment thereupon be

66 fore the said Lord Chancellor and the said Treasurer Gainburgh

A Message was brought from the House of Commons, Paving Bill.

" and Barons was affirmed, manifest Error had interby Mr. Eyre and others :

“ vened to the great Damage of the said Mary Pemberton With a Bill, intituled, “ An Act for more effectually" and others; and thereupon commanding, that if Judg.

improving the Streets, Lanes, and public Passages, in ment was given thereupon and affirmed, they should
“ the Town of Gainsburgh, in the County of Lincoln ; and os send into Parliament the Record and Process of the said
“ for laying a Duty on Coals brought to the said Town “ Plaint, with all Things touching the same: That in
“ to be sold;" to which they desire the Concurrence of supposed Obedience to the faid last-mentioned Writ,
this House.

“ the Record of the faid Judgment, or a Transcript
5

“ thereof,

to it.

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“ thereof, hath been brought before their Lordships : “ be paid for Tithes, in respect of the Houses and
“ That on the Twenty-third Day of January One thou “ Premises in the Parish of Saint Gregory aforesaid re-
“ fand eight hundred and nine, the said Mary Pemberton spectively occupied by the Appellants in respect of
" and others assigned certain Errors in the Declaration “ the Scite thereof, or of the Buildings then thereon
“ of the Petitioners, and in the original Judgment given “ erected and being : That the said Issues were tried in
“ before the Barons, which Errors apply to Matters Eafter Term One thousand seven hundred and ninety-
“ of Form only; that the Petitioners thereupon rejoined “ nine, when a Verdict was given for the Petitioners:
“ in Nullo eft Erratum, and the Cause has been heard at “ That the Appellants moved for a new Trial of the
“ their Lordships Bar, but no Judgment hath been “ said Iflues, which was granted, to be tried at the Bar

thereupon given by their Lordships: That the Petition “ of the Court of Exchequer, and that the same were
“ ers have been since advised, that inasmuch as the “ tried in Easter Term One thousand eight hundred and

original Judgment given before the said Barons was “ one, when a Verdict was again given for the Petition.
« not affirmed in the said Council Chamber upon the ers: That the said Appellants applied to the Court of
“ faid firit Writ of Error, as by the said Writ returnable “ Chancery for a Third new Trial, which Motion was
« before His faid Majesty in Parliament was supposed, “ in Michaelmas Term One thousand eight hundred and
" the Record of the said Judgment, or a Transcript " three refused, and in Hilary Term following a Decree
“ thereof, ought not to have been brought before their was made in the original Cause, directing an Account,
a faid Lordships, nor any further Proceedings had upon “ according to the Prayer of the Petitioners Bill : That

the said Writ returnable in Parliament: The Event “ the Appellants, on the 22d Day of January One 6 mentioned in the said Writ as the Foundation thereof “ thousand eight hundred and five, presented a Petition “ not having happened, the Petitioners have been further of Appeal to their Lordships against the said Decree, " advised, and humbly submit to their Lordihips, that “ and that the same now stands Ten off in their Lord. “ Errors of Judgments in the Exchequer before the Thips Paper of Appeals : That during the Time this “ Barons must, by virtue of the said Statute passed in “ Suit has been depending, (which is upwards of " the Thirty-first' Year of the late King Edward the « Thirteen Years), several of the Parishioners who

Third, be corrected in the said Council Chamber, “ were, as the Petitioners submit, liable to pay them " and no where else, and cannot be corrected by their - considerable Sums for Tithes, and who at the filing “ Lordships before the fame Judgments have been ex “ of the Bill were apparently in flourishing Circum“ amined and affirmed in the said Council Chamber : “ stances, have since become infolvent ; that others who of That the said Proceedings of the said Mary Pemberton or were in Arrear are dead, and their Estates are di. " and others have been manifestly calculated for Delay“ vided, and in other Cases are found to be deficient; only, and not for any Purpose of Justice, and have

many

of the Parishioners on whom the Petitioners “ been in the highest Degree vexatious and oppressive to " have considerable Demands, refuse to settle with them “ the Petitioners ; and therefore praying their Lord “ till the present Appeal is decided, alledging that the “ fhips, That the said Writ of Error returnable before “ Petitioners Right is not yet determined ; and that “ their Lordships may be qualhed, and the Record of "6 others of the Parishioners have removed out of the “ the said Judgment, or the Transcript thereof, be with “ Parish, without the Petitioners being able to trace “ drawn, and remitted into the said Court of Pleas " where they are removed to: That by the Means above “ before the Barons ; and that the Petitioners may have “ stated, and by Reason of the great Delay which " such further and other Relief in the Premises, as to “ these Proceedings have occasioned, the Petitioners “ their Lordships, in their great Wisdom, shall seem “ have already suitained great Injury, and are fearful (6 meet :"

“ the same will be much increased, if the Appeal is not It is ORDERED, That the said Petition do lie on the

“ immediately disposed of; and therefore praying,

“ Thac their Lordships will be pleased to appoint an
Table.

early Day for hearing the said Appeal :"
Then the Counsel for the Plaintiff having been heard ;
as also the Counsel for the Defendant;

And thereupon the Agents on both sides were called

in, and heard at the Bar; and being withdrawn,
The Counsel were directed to withdraw.

ORDERED, That this House will hear the said Cause,
ORDERED, That the further Consideration of the faid by Counsel at the Bar, on Thursday the 16th of March
Cause be put off to IVednesday next.

66

66 that

next.

Morris et al.
against the
Minor
Canons of St.
Paul et al.

A Petition of the Warden of the College of the A Petition of the Reverend Doctor Playfair, of the Playfair et al. Twelve Minor or Petty Canons of the Cathedral United College of St. Salvator and St. Leonard in the againh MacChurch of Saint Paul in London, and the Minor and University of St. Andrews, and others, Professors in the donald et al. Petty Canons of the said College and Francis Rivington, fame University, Appellants in a Cause depending in John Webfler and Thomas Smith Respondents in a Cause this House ; and of the Reverend James Macdonald, depending in this House, to which Robert Morris, Miniiter of Kemback, Mr. Nicholas Vilant, and others, William Herne, now Sir William Herne Knight, George Professors in the fame University, Respondents thereto, Baker, Richard Gould, George Beauchamp, Thomas was presented and read; setting forth, “ That the Howard the Elder, Robert Smith, Richard Jennins, Question at issue in this Appeal relates to the Right Robert Smith the Younger, James Neale, Thomas Bailey, “ of the Appellant Doctor Playfair to vote in the ElecCharles Alexander Crickett, James Townleye, and Thomas “ tion of Professors, whose Offices are in the Patronage Carr, are Appellants, was presented and read ; setting “ of the United College of which he is Principal : That forth, “That in February One thousand seven hundred " this Cause has depended for several Years, and the “ and ninety-fix a Bill was filed in the High Court of - Dissensions thereby occasioned have been injurious to “ Chancery by the Petitioners againit the Appellants,

66 the successful Cultivation of Science and Literature; to recover certain lithes for Premises occupied by “ and should a Vacancy happen in any of the Offices of “ them in the Parish of Saint Gregory in the City of " which the Members of the said United College are London, and that the Appellants in April following “ Patrons, before the Determination of this Cause, “ filed their Cross Bill against the Petitioners : That in “ fimilar Controversies may take place, to the great De“ Michaelmas Term One thousand feven hundred “ triment of the University, and of the Public as inte. “ and ninety-eight, the Two Causes came on to be « refted in its Welfare: That as this Question relates « heard before the Lord Chancellor, when it was or “ to a Privilege of a Member of a Scotch University, 66 dered that Issues should be tried at the Bar of the “ and as the Decision of it must depend upon the Prac. “ Court of King's Bench, whether at the Time of the “ tice of the University and the Law of Scotland in “ Decree, dated the Twenty-third Day of February “ fimilar Cafes of Election, both Parties are anxious “ One thousand five hundred and forty-five, any and “ to have the Asistance of Scotch Counsel in arguing “ what less Sum than Two Shillings and Nine-pence“ the same at their Lordships Bar; and therefore pray“ in the Twenty Shillings Rent had been accustomed to “ing, That this Appeal may be appointed to be heard VOL. XLVII.

Ion

ance

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66

66

s on the Twenty-first Day of March next, or on such Then his Lordship came to the Table, and took the
“ other Day during the Spring Vacation of the Court Oaths, and made and subscribed the Declaration, and
“ of Session, when the Petitioners can have the Aslist- also took and subscribed the Oath of Abjuration, pursuant

of Counsel from the Scotch Bar, as to their Lord. to the Statutes; and was afterwards placed on the Barons
“ ships in their great Wisdom thall seem meet.” Bench, in his Father's Barony, between the Lord Boyle

and the Lord Hay. And also, A Petition of Doctor Robert Arnot and others, Professors in the University of St. Andrews, The Order of the Day being read for hearing Counsel Parry against Appellants in a Cause depending in this House; and to argue the Errors afligned upon the Writ of Error, Younge, in

Error: of Doctor George Hill and others, Professors in the wherein John Parry is Plaintiff, and Edward Younge Desame University, Respondents thereto, was presented fendant : and read ; setting forth, “ That the Question at issue “ in this Appeal is whether or not the University of Error depending in this House, wherein John Parry is

A Petition of Edward Younge, Defendant in a Writ of
St. Andrews is entitled to elect Two Persons, Father Plaintiff, was presented and read; setting forth,“ That

the
“ and Son, to one Professorship with Survivorship:
66 That this Cause has now depended for several Years,

“ Petitioner having recovered a Judgment in His Ma

jesty's Court of Common Pleas, against the Plaintiff in
" and the Dissensions thereby occasioned have been

Error, for the Sum of Two hundred and sixteen Pounds
“ injurious to the successful Cultivation of Science and
“ Literature; and should a Vacancy again happen in

Eighteen Shillings Damages, the said Plaintiff brought

a Writ of Error thereon returnable in His Majesty's
any of those Offices of which the Members of the

“ Court of King's Bench, which said Judgment was af-
University are Patrons before the Determination of
“ this Cause, similar Controversies may again take

“ firmed without Argument, with Twenty-four Pounds

" Costs ; and the said Plaintiff thereupon brought a Writ
“ place to the great Detriment of the University and

c of Error returnable before their Lordships, and the Re-
16 of the Public as interested in its Welfare : That this
« Question relates to the Application of the Law of

cord having been transcribed, was together with the faid

Writ of Error, brought up into this House on the First
Scotland to the Rights of the Members of a Scotch
“ Universiy, for which Reasons the Parties are anxious

Day of February Instant; and the Plaintiff hath assigned
" to have the Assistance of Scotch Counsel in arguing

“ the general Errors thereon, to which the Petitioner

“ hath rejoined, and the Cause is now set down for hear-
" the fame at their Lordships Bar; and therefore
“ praying, That this Appeal may be appointed to be

ing ; but, inasmuch as the Plaintiff in Error declines ar-
“ heard on the aist Day of March next, or on such

“ guing the Errors so assigned before their Lordships, the

“ Petitioner therefore prays their Lordships, That the said
6 other Day during the Spring Vacation of the Court
“ of Session, when the Petitioners can have the Assist-

Judgment of His Majesty's Court of Common Pleas,

“ and the Affirmance of the fame Judgment by His Ma-
“ance of Counsel from the Scotch Bar, as to their
“ Lordships in their great Wisdom shall seem meet.”

jesty's Court of King's Bench, may be in all Things

“ affirmed, with such Costs as their Lordships thall And thereupon the Agents for the Petitioners were " think fit; or that their Lordships will please to make called in, and heard at the Bar; and being withdrawn, “ such other Order therein, as to their Lordships, in

ORDERED, That this House will hear the said Causes “ their great Wisdom, shall seem meet; the Agent for together, by Counsel at the Bar, on Tuesday the 21st Day “ the Plaintiff in Error having signed the Petition as of March next, as desired.

consenting thereto.”
Alexander Hamilton Lord Dutton in the County of

And thereupon the Agent for the Defendant was
Chester, Son and Heir Apparent of Archibald Duke of called in, and heard at the Bar :
Brandon, having received His Majesty's Writ to summon And being withdrawn;
him to fit in this present Parliament, was in his Robes

ORDERED and ADJUDGED by the Lords Spiritual and Judgements introduced between the Lord Walsingham and the Lord Temporal, in Parliament assembled, That the said Judg- attirmed with Ailfa (also in their Robes), the Yeoman Usher of the

ment given in the Court of Common Pleas, and the
Black Rod, Garter King of Arms, and the Earl Affirmance of the fame Judgment by the Court of King's
Marshal preceding ; His Lordship presented his Writ to Bench, be, and the fame is hereby affirmed; and that
the Lord Chancellor on his Knee at the Woolfack, who the Record be remitted, to the end Execution may be
delivered it to the Clerk, and the same was read as fol- had thereupon, as if no such Writ of Error had been
lows; (videlicet)

brought into this House : And it is further Ordered,
“ GEORGE the Third, by the Grace of God, of the That the said Plaintiff do pay or cause to be paid to the
“ United Kingdom of Great Britain and Ireland King, faid Defendant, the Sum of Fifty-five Pounds for his Costs,
“ Defender of the Faith : To Our right trusty and well- sustained by reason of bringing the said Writ of Error.
6 beloved Counsellor Alexander Hamilton of Dutton in
“ Our County of Chester, Chevalier, Greeting : Whereas

The Tenor of which Judgment, to be affixed to the
“ by the Advice and Afsent of Our Council, for certain Transcript of the Record, is as follows:
“ arduous and urgent Affairs concerning Us, the “ At which Day, before the same Court of Parliament
“ State and Defence of Our Kingdom of Great Britain

" at Westminster, comes as well the said John Parry in
" and Ireland, and the Church, We have ordered a

“ his proper Person, as the said Edward Younge by his “ certain Parliament to be holden at Our City of Weft

“ faid Attorney; whereupon all and singular the Preminster on the Fifteenth Day of December next en “ mises having been seen, and by the Court of Parlia“ suing, and there to treat and have Conferrence with

“ ment aforesaid now here more fully understood,- and “ the Prelates, Great Men, and Peers of Our Realm ;

“ as well as the Record and Proceedings aforesaid and We, strictly enjoining, command you, upon the Faith

“ the Judgment thereon given, as the Causes and Matters “ and Allegiance by which you are bound to Us, that,

by the faid John Parry above for Error assigned, “ the Weightiness of the said Affairs and imminent

“ being diligently examined and inspected, and mature “ Perils considered, (waiving all Excuses), you be at “ Deliberation being thereon had, it seems to the Court " the said Day and Place personally present with Us, "s of Parliament aforesaid now here, that there is no “ and with the said Prelates, Great Men, and Peers, to “ Error, either in the Record and Proceedings afore“ treat and give your Counsel upon the Affairs afore “ faid, or in the Rendition of the Judgment aforesaid, “ said; and this, as you regard Us and Our Honour, “ or in the Affirmance of the said Judgment, and that “ and the Safety and Defence of the faid Kingdom ( the said Record is in no wise vitious or defective; there“ and Church, and the Dispatch of the said Affairs, in 6 fore it is considered by the same Court of Parliament no wise do you omit.

« aforesaid, that the Judgment aforesaid, and also the
“ Witness Ourself at Westminster, the Fourth Day " Affirmance of the fame Judgment, be in all Things
“ of November, in the Forty-seventh Year of Our " affirmed, and in their full Force and Effect stand, the
Reign.

“ faid Causes and Matters by the said John Parry above
“ BATHURST and BATHURST.'
“ for Error afligned, in anywise notwithstanding : And it

"is

Ld. Dutton introduced.

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D

Ds. Ailfa.

“ is further considered by the same Court of Parliament Parties concerned in the Bill; and, after hearing them,
" aforesaid now here, that the said Edwvard Younge do are to report to the House the State of the Case, with
“ recover against the said John Parry Fifty-five Pounds their Opinion thereupon, under their Hands; and whe-

to the same Edward, with his Assent by the fame ther all Parties, who may be concerned in the Confe-
“ Court of Parliament aforesaid, according to the Form quences of the Bill, have signed the Petition ; and also,
w of the Statute thereof made and provided, adjudged that the Judges, having perused the Bill, do sign the
« for his Damages, Costs, and Charges, which he hath same.
“ sustained by reason of the Delay of Execution of the
“ Judgment aforesaid, by Pretence of prosecuting of the Upon reading the Petition of the Honourable James Mackenzie's
“ said Writ of Error : And thereupon the Record afore- Archibald Stuart Wortley Mackenzie, James Archibald et al. Petition

referred to “ faid, as also the Proceedings aforesaid, in the same Stuart Wortley Esquire his eldest Son, and Lady Caroline

Judges. “ Court of Parliament, in the Premises had by the fame Elizabeth Mary his Wife, and George Stuart Wortley “ Court of Parliament, to the Court of the said Lord Esquire his Second Son ; praying Leave to bring in a “ the King, before the King Himself wheresoever, &c. Bill for the Purposes in the said Petition mentioned: " are remitted, &c.

It is ORDERED, That the Confideration of the said

Petition be, and is hereby referred to the Lord Chief Adjourn.

Dominus Cancellarius declaravit præsens Parliamen. Baron of the Court of Exchequer and Mr. Justice Bayley,
tum continuandum esse ufque ad et in diem Lunæ, vi- who are forth with to fummon all Parties concerned in
cefimum feptimum diem instantis Februarii, horâ unde- the Bill; and, after hearing them, are to report to the
cima Auroræ, Dominis fic decernentibus.

House the State of the Case, with their Opinion there-
upon, under their Hands; and whether all Parties, who
may be concerned in the Consequences of the Bill, have
signed the Petition ; and also, that the Judges, having

perused the Bill, do fign the same.
IE Lunæ, 27° Februarii 1809.

Upon reading the Petition of George Marquis of Marquis of Domini tam Spirituales quam Temporales præsentes Tweeddale, John Hay Esquire, and Charles Selkrig Esquire, Tweeddale et fuerunt :

Trustees acting under the Deed of Trust executed by referred to Archiep. Cantuar. Ds. Eldon, Cancella- Ds. Clifton.

George fume time Marquis of Tweeldale deceased; Ed. Judges. rius. Ds. Walsingham.

ward Hay Mackenzie of Newhall Esquire, for himself and Epus. Carliol.

on Behalf of John Hay Mackenzie his Son, an Infant ;

Ds. Auckland.
Epus. Ceftrien. Comes Camden,

William Hay Newton of Newton Esquire, and Robert Hay
Præfes.

Ds. Hood of Cather-
ington.

of Spott Esquire, for themselves, and on Behalf of their

Infant Children; James Earl of Lauderdale, and the said
Comes Weftmorland, Ds. Bolton.
C.P.S.
Ds. Redesdale.

Edward Hay Mackenzie, as Guardians of the Infant
Ds. Arden.

Children of George late Marquis of Tweeddale deceased;
Comes Sandwich.
Comes Buckingham-
Ds. Sheffield.

praying Leave to bring in a Bill for the Purposes in the

said Petition mentioned :
shire.
Comes Clancarty.

It is ORDERED, That the Consideration of the said
Comes Charleville.

Petition be, and is hereby referred to the Lord President

of the Court of Seflion in Scotland, the Lord Justice PRAYERS.

Clerk, and the Chief Baron of the Court of Exchequer

in Scotland, or any Two of them ; who are forthwith to Sir W. Eliott The Answer of Andrew Oliver to the Appeal of Sir fummon all Parties before them who may be concern against

William Eliott Baronet, was this Day brought in. Oliver.

in the Bill; and, after hearing all the Parties, and perusing Grant et al.

As was also, The Answer of Letitia Grant and others, the Bill, are to report to the House the State of the Cafe, against Grant et al. to the Appeal of Amelia Charlotte Grant and others. with their Opinion thereupon, under their Hands; and

are to sign the said Bill.
Roche against After hearing Counsel further in the Cause wherein
Morgell et al. John Roche Esquire is Appellant, and Mary Morgell A Message was brought from the House of Commons, Ashbourne
Widow and others are Respondents :

by Mr. Lygon and others :
It is ORDERED, That the further Hearing of the said With a Bill, intituled, “ An Act for enlarging the
Cause be put off to Friday next.

- Term and Powers of Two Acts of His present Majesty,
Foote's et al.
Upon reading the Petition of John Pierson Foote Esquire,

« for repairing the Road from Ashbourne to Sudbury, Petition referred to

6 and from Sudbury to Yoxall Bridge, and from Hatton and Mary his Wife, on behalf of themselves and their Judges. Infant Children, Elizabeth Foote, Mary Foote, John

Moor to Tutbury, in the Counties of Derby and StafHolles Rolle Foote, Philip Locke Foote, Pierfon Foote,

ford; and for making Two new Branches of Road to
Ambrose Foote, Celia Foote, and Charles Henry, Nelson Concurrence of this House.

“ communicate therewith ;" to which they desire the
Foote, and George Herbert of the Borough of Plymouth,
in the County of Devon Lfquire; praying Leave to bring The faid Bill was read the First Time.
in a Bill, for the Purposes in the said Petition mentioned
It is ORDERED, That the Confideration of the said

The Earl of Clancarty requested of the House, “ That Nomination
Petition be, and is hereby referred to Mr. Justice Grose

“ he might be permitted to go to the Select Committee of Writers, and Mr. Baron Graham, who are forthwith to summon

“ of the House of Commons, appointed to enquire into ea in the

“ the Existence of any corrupt Practices in regard to Companys all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Cafe, with

“ the Appointment and Nomination of Writers or Cadets Service :

“ in the Service of the East India Company, or any
their Opinion thereupon, under their Hands; and whether
all Parties, who may be concerned in the Consequences

“ Agreement, Negotiation, or Bargain, direct or indirect,

“ for the Sale thereof :" Whereupon, of the Bill, have signed the Petition ; and also, that the

, Judges, having perused the Bill, do sign the fame. ORDERED, That the Earl of Clancarty (upon his own E. Clancarty,

Request) be permitted to go to the Select Committee of leave to attend

Committee of D. Grafton's Upon reading the Petition of the most Noble Augustus the House of Commons, appointed to enquire into the H. C. Petition re

Henry Duke of Grafton, praying Leave to bring in a Bill Existence of any corrupt Practices in regard to the Apferred to Judges.

for the Purposes in the said Petition mentioned : pointment and Nomination of Writers or Cadets in the

It is Ordered, That the Confideration of the said Service of the East India Company, or any Agreement, Petition be, and is hereby referred to Mr. Justice Heath Negotiation, or Bargain, direct or indirect, for the Sale and Mr. Baron Wood, who are forthwith to fummon all thereof, if his Lordship thinks fit.

Road Bill.

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