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Plaintiff in Error do pay or caufe to be paid to the De-
fendants in Error, the Sum of Forty Pounds, for their
Cofts, by Reason of the Delay of the Execution of the.
faid Judgment.

"Date on the 4th Day of February One thoufand eight
"hundred and feven, on which Day the faid Caufe first
" came on to be re-heard in the Court of Chancery in
"Ireland; that the faid Caufe did in fact come on to be
"re-heard on the faid 4th Day of February 1807, and

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Upon reading the Petition of Jofeph Sparkes, De-" was actually in part re-heard on that Day, which refendant in a Writ of Error depending in this Houfe, "hearing was continued on the 5th, 6th, 9th, and 10th wherein Andrew Dennis O'Kelly is Plaintiff; fetting Days of the faid Month of February 1807, on which forth, "That the Plaintiff hath not affigned Errors "laft-mentioned Day the faid Decree or Order bears " within the Time limited by their Lordships Standing "Date, and not on the 4th Day of February 187, as "Order; and therefore praying their Lordships, That "stated in the faid Appeal; and therefore praying their "the faid Writ of Error may be Non-pros'd, with fuch Lordships, That he may have Leave to amend his faid "Cofts as to their Lordships fhall seem meet :"

It is ORDERED, That the Petitioner do- forthwith enter a Non-pros on the faid Writ of Error, as defired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgment given by that Court, as if no fuch Writ of Error had been brought into this Houfe; and further, that the Plaintiff in Error do pay or caufe to be paid to the Defendant in Error, the Sum of Forty Pounds, for his Cofts, by Reafon of the Delay of the Execution of the faid Judgment.

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It is ORDERED, That this Houfe will hear the faid
Caufe, by Counfel at the Bar, on the firft vacant Day for
Causes alter those aiready appointed.

Upon reading the Petition of the Right Reverend
and Frafer's Walker Lord Bishop of Rochefter, Patron of the Rectory
and Parish Church of Saint Mary Woolwich, in the County
of Kent, and the Reverend Hugh Frafer Clerk, Rector
of the faid Rectory and Parish Church; praying Leave
to bring in a Bill, for the Purposes in the faid Petition

Judges.

Radcliffe, &c.
Enclosure

Bill.

Hone against
Davis et al.

mentioned:

It is ORDERED, That the Confideration of the faid Petition be, and is hereby referred to Mr. Juftice 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 Cafe, with

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Appeal, by fubftituting the Words "faid 1ft Day of "February 1805," in place of the Words " 12th Day of "February 1805;" and alfo by fubftituting in the faid Appeal, after the Words, "and the faid Caufe was "fet down to be re-heard on the 4th Day of February "1807," and fame was accordingly re-heard on that "Day, the Words, " and on the 5th, 6th, qth, and "10th Days of faid Month of February, on which last"mentioned Day the then Lord Chancellor was pleafed to order," &c. the Petitioner amending the Refpon"dents Copy:"

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It is ORDERED, That the Petitioner be at Liberty to amend his faid Appeal, as defired, he amending the Refpondents Copy.

ORDERED, That the further Confideration and Se- Campbell's cond Reading of the Bill, intituled, "An Act to diffolve Divorce Bill. "the Marriage of Peter Campbell junior, Efquire, with "Elizabeth Lewis Woollery his now Wife, and to enable "him to marry again, and for other Purposes therein " mentioned;" which ftands appointed for this Day, be put off to Tuesday next; and that the Lords be fum

moned.

Dominus Cancellarius declaravit præfens Parliamen- Adjourn, tum continuandum effe ufque ad et in diem Veneris, vicefimum quartum diem inftantis Februarii, horâ undecimâ Aurora, Dominis fic decernentibus.

their opinion thereupon under their Hands; and whe-DIE Veneris, 24° Februarii 1809.

ther all Parties, who may be concerned in the Confe-
quences of the Bill, have figned the Petition; and alfo, Domini tam Spirituales quam Temporales præfentes
that the Judges, having perused the Bill, do fign the
fame.

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The Lord Walfingham reported from the Lords Committees, to whom the Bill, intituled, "An A&t for en"clofing Lands in the Parish of Radcliffe, and the Townfhip of Ainsworth, in the Parish of Middleton, in the County Palatine of Lancaster," was committed: "That they had confidered the faid Bill, and examined the Allegations thereof, which were found to be true; "that the Parties concerned had given their Consents, "to the Satisfaction of the Committee; and that the "Committee had gone through the Bill, and directed "him to report the fame to the House, without any "Amendment."

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Upon reading the Petition of Nathaniel Hone Efquire, Appellant in a Caufe depending in this House, to which Sarah Davis Widow, and others, are Refpondents; fetting forth, "That the Petitioner, on the 20th Day of January laft, prefented his Appeal to their Lordships against Three feveral Decrees and Orders of the Court "of Chancery of Ireland; and praying, That their Lordships would be pleased to reverfe the fame, or to grant fuch Relief to the Petitioner as to their Lordfhips fhould feem meet: That one of the faid Decrees "or Orders was in the said Appeal stated, by Mistake, to "bear Date on the 12th Day of February, inftead of "the First Day of February 1805, on which Day the "faid Decree, prayed to be reverfed, is dated: That "another Decree or Order prayed by the faid Appeal "to be reversed, is by the faid Appeal stated to bear

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York, Clerk; praying Leave to bring in a Bill for the Pur-
pofes in the faid Petition mentioned:

It is ORDERED, That the Confideration of the faid Peti-
tion be, and is hereby referred to Mr. Juftice Grofe and
Mr. Juftice Chambre, 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 also, that the
Judges, having perufed the Bill, do fign the fame.

Upon reading the Petition of Mary Anne Tirel Morin, of Weedon Lodge and Hardwicke, in the County of Buckingham, Widow, and Salusbury Pryce Humphreys Efquire, a Captain in the Royal Navy, on Behalf of him. felf and his Son Salusbury Humphreys, an Infant of tender Years; 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. Baron ThomJon and Mr. Juftice Le Blanc, 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 also, that the Judges, having perufed the Bill, do fign the fame.

Upon reading the Petition of Martin Jofeph Routh D.D., Prefident of the College of Saint Mary Magdalene, in the University of Oxford, and of the Scholars of the faid College; praying Leave to bring in a Bill for the Purposes in the faid Petition mentioned:

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Counsel were accordingly called in,

Writ of

Then, Upon reading the Petition of Charles Oakes and Defendants Thomas Willington, furviving Partners of William Harding, Petition to deceased; fetting forth, "That in Trinity Term One thou- quafh the "fand eight hundred and fix, the Petitioners commenced Error. an Action in His Majefty's Court of Exchequer of "Pleas at Weflminster, against Mary Pemberton Widow, "Thomas Pemberton, Edwin Pemberton, and Benjamin "Stokes, Executrix and Executors of the last Will and "Teftament of Samuel Pemberton, deceased, on a Bond "entered into by them in the penal Sum of Forty thou"fand Pounds, and filed their Declaration thereupon in "the fame Term: That on the Twenty-fourth Day of "June One thoufand eight hundred and fix, the faid

It is ORDERED, That the Confideration of the faid
Petition be, and is hereby referred to the Lord Chief"
Juftice of the Court of Common Pleas, and Mr. Justice
Lawrence, who are forthwith to fummon all Parties con-
cerned in the Bill; and after hearing them are to re-
port to the House the State of the Cafe, with their Opi-
nion 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 perused the Bill, do fign the fame.

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A Meffage was fent to the House of Commons, by Mr.
Smith and Mr. Ord:

To acquaint them, That the Lords have agreed to
the faid Bill, without any Amendment.

A Meffage was brought from the House of Commons, by Mr. Wharton and others:

With a Bill, intituled, "An Act to allow a certain
Proportion of the Militia in Ireland voluntarily to en-
"lift into His Majefty's Regular Forces ;" to which they
defire the Concurrence of this House.

The faid Bill was read the First Time.
ORDERED, That the faid Bill be printed.

A Meffage was brought from the Houfe of Commons,
by Mr. Eyre and others:

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Mary Pemberton and others, the Defendants in the said "Action, pleaded thereto a fham Plea of Judgment re"covered, to which a Replication was duly filed and "Iffue thereupon joined: That on the Eleventh Day of "November One thoufand eight hundred and fix, the "faid Plea was withdrawn, and Judgment was thereupon figned in the faid Action by the Petitioners: That "the faid Mary Pemberton and others afterwards obtained a Rule in the faid Court of Exchequer, calling upon "the Petitioners to fhew Caufe why the faid Judgment "fhould not be fet afide, and the faid Mary Pemberton "and others let in to plead to the faid Action, which "Rule was, upon fhewing Caufe, difcharged with Cofts: "That the faid Mary Pemberton and others fued out a "Writ of Error upon the faid Judgment, founded upon "the Statute made in the Thirty-firft Year of the Reign "of King Edward the Third, returnable before the "Lord Chancellor and the Treasurer of the Exchequer

on Tuesday the Eighteenth Day of November One thou"fand eight hundred and fix, which Writ of Error was "Non-pros'd for Want of an Affignment of Errors: That "the faid Mary Pemberton and others afterwards fued "out a Writ of Error, returnable before His Majefty "in Parliament, directed to the Treasurer and Barons of "His Majefty's Exchequer fuggefting therein, that in "the Record and Process, as alfo in the giving of Judg

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ment in the faid Plaint in Our faid Lord the King's "Court before His Barons in His Exchequer aforefaid by "Bill between the faid Parties, which Record and Pro"cefs, by reafon of Error intervening, Our faid Lord the "King caused to come before the Lord Chancellor of "Great Britain, and the faid Treafurer and Barons, into "the Chamber of Council, called the Council Chamber "of the faid Exchequer; and Judgment thereupon be"fore the faid Lord Chancellor and the faid Treasurer "and Barons was affirmed, manifeft Error had inter"vened to the great Damage of the faid Mary Pemberton and others; and thereupon commanding, that if Judg. ment was given thereupon and affirmed, they fhould "fend into Parliament the Record and Procefs of the faid

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With a Bill, intituled, " An Act for more effectually"
"improving the Streets, Lanes, and public Paffages, in
"the Town of Gainfburgh, in the County of Lincoln; and
"for laying a Duty on Coals brought to the faid Town
"to be fold;" to which they defire the Concurrence of
this House.

Plaint, with all Things touching the fame: That in "fuppofed Obedience to the faid laft-mentioned Writ, "the Record of the faid Judgment, or a Tranfcript 5

"thereof,

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

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"be paid for Tithes, in refpect of the Houses and "Premises in the Parish of Saint Gregory aforefaid respectively occupied by the Appellants in refpect of "the Scite thereof, or of the Buildings then thereon " erected and being: That the faid Iffues were tried in "Eafter Term One thousand seven hundred and ninety"nine, when a Verdict was given for the Petitioners: "That the Appellants moved for a new Trial of the "faid Iffues, which was granted, to be tried at the Bar "of the Court of Exchequer, and that the fame were "tried in Eafter Term One thoufand eight hundred and "one, when a Verdict was again given for the Petitioners: That the faid Appellants applied to the Court of "Chancery for a Third new Trial, which Motion was "three refufed, and in Hilary Term following a Decree "in Michaelmas Term One thoufand eight hundred and was made in the original Caufe, directing an Account, "according to the Prayer of the Petitioners Bill: That "the Appellants, on the 22d Day of January One "thoufand eight hundred and five, prefented a Petition "of Appeal to their Lordships against the faid Decree, "and that the fame now ftands Ten off in their Lordfhips Paper of Appeals: That during the Time this "Suit has been depending, (which is upwards of "Thirteen Years), feveral of the Parishioners who

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"thereof, hath been brought before their Lordships: That on the Twenty-third Day of January One thou"fand eight hundred and nine, the faid Mary Pemberton "and others affigned certain Errors in the Declaration "of the Petitioners, and in the original Judgment given "before the Barons, which Errors apply to Matters "of Form only; that the Petitioners thereupon rejoined "in Nullo eft Erratum, and the Cause has been heard at "their Lordships Bar, but no Judgment hath been thereupon given by their Lordships: That the Petition"ers have been fince advised, that inafmuch as the original Judgment given before the faid Barons was "not affirmed in the faid Council Chamber upon the "faid first Writ of Error, as by the said Writ returnable "before His faid Majefty in Parliament was fuppofed, "the Record of the faid Judgment, or a Tranfcript "thereof, ought not to have been brought before their faid Lordships, nor any further Proceedings had upon "the faid Writ returnable in Parliament: The Event "mentioned in the faid Writ as the Foundation thereof "not having happened, the Petitioners have been further "advised, and humbly fubmit to their Lordships, that "Errors of Judgments in the Exchequer before the "Barons muft, by virtue of the faid Statute paffed in "the Thirty-first Year of the late King Edward the "Third, be corrected in the faid Council Chamber, "and no where else, and cannot be corrected by their were, as the Petitioners fubmit, liable to pay them Lordships before the fame Judgments have been ex"confiderable Sums for Tithes, and who at the filing "amined and affirmed in the faid Council Chamber: "of the Bill were apparently in flourishing Circum"That the faid Proceedings of the faid Mary Pemberton "stances, have fince become infolvent; that others who "and others have been manifeftly calculated for Delay "were in Arrear are dead, and their Eftates are dionly, and not for any Purpofe of Juftice, and have ❝vided, and in other Cafes are found to be deficient ; "been in the highest Degree vexatious and oppreffive to "have confiderable Demands, refuse to fettle with them "that many of the Parishioners on whom the Petitioners "the Petitioners; and therefore praying their Lordfhips, That the faid Writ of Error returnable before "till the prefent Appeal is decided, alledging that the "their Lordships may be quafhed, and the Record of "Petitioners Right is not yet determined; and that "the faid Judgment, or the Tranfcript thereof, be with"others of the Parishioners have removed out of the "drawn, and remitted into the faid Court of Pleas "Parish, without the Petitioners being able to trace "before the Barons; and that the Petitioners may have "where they are removed to: That by the Means above "fuch further and other Relief in the Premises, as to "ftated, and by Reason of the great Delay which "their Lordships, in their great Wisdom, fhall seem "these Proceedings have occafioned, the Petitioners "have already fuitained great Injury, and are fearful "the fame will be much increased, if the Appeal is not "immediately difpofed of; and therefore praying, "That their Lordships will be pleased to appoint an early Day for hearing the faid Appeal :"

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meet:"

It is ORDERED, That the faid Petition do lie on the
Table.

Then the Counsel for the Plaintiff having been heard;
as alfo the Counsel for the Defendant;

The Counsel were directed to withdraw.

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And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn,

ORDERED, That this House will hear the faid Cause,

ORDERED, That the further Confideration of the faid by Counfel at the Bar, on Thursday the 16th of March
Caufe be put off to Wednesday next.

A Petition of the Warden of the College of the
Twelve Minor or Petty Canons of the Cathedral
Church of Saint Paul in London, and the Minor and
Petty Canons of the faid College and Francis Rivington,
John Webfler and Thomas Smith Refpondents in a Cause
depending in this House, to which Robert Morris,
William Herne, now Sir William Herne Knight, George
Baker, Richard Gould, George Beauchamp, Thomas
Howard the Elder, Robert Smith, Richard Jennins,
Robert Smith the Younger, James Neale, Thomas Bailey,
Charles Alexander Crickett, James Townleye, and Thomas
Carr, are Appellants, was prefented and read; fetting
forth, "That in February One thousand seven hundred
"and ninety-fix a Bill was filed in the High Court of
Chancery by the Petitioners against the Appellants,
"to recover certain Tithes for Premifes occupied by
"them in the Parish of Saint Gregory in the City of
"London, and that the Appellants in April following
"filed their Cross Bill against the Petitioners: That in
"Michaelmas Term One thousand seven hundred
"and ninety-eight, the Two Caufes came on to be
"heard before the Lord Chancellor, when it was or-
"dered that Iffues fhould be tried at the Bar of the
"Court of King's Bench, whether at the Time of the
"Decree, dated the Twenty-third Day of February
"One thoufand five hundred and forty-five, any and
"what lefs Sum than Two Shillings and Nine-pence
"in the Twenty Shillings Rent had been accustomed to
VOL. XLVII.

next.

donald et al.

United College of St. Salvator and St. Leonard in the against Mac-
A Petition of the Reverend Doctor Playfair, of the Playfair et al.
Univerfity of St. Andrews, and others, Professors in the
fame Univerfity, Appellants in a Caufe depending in
this Houfe; and of the Reverend James Macdonald,
Minister of Kemback, Mr. Nicholas Vilant, and others,
Profeffors in the fame University, Refpondents thereto,
was prefented and read; fetting forth, "That the

Question at iffue in this Appeal relates to the Right
"of the Appellant Doctor Playfair to vote in the Elec-
"tion of Profeffors, whofe Offices are in the Patronage
"of the United College of which he is Principal: That
"this Cause has depended for feveral Years, and the
"Diffenfions thereby occafioned have been injurious to
"the fuccefsful Cultivation of Science and Literature;
"and fhould a Vacancy happen in any of the Offices of
"which the Members of the faid United College are
"Patrons, before the Determination of this Cause,
"fimilar Controverfies may take place, to the great De-
"triment of the University, and of the Public as inte.
"refted in its Welfare: That as this Queftion relates
"to a Privilege of a Member of a Scotch University,
"and as the Decifion of it must depend upon the Prac-
"fimilar Cafes of Election, both Parties are anxious
"tice of the Univerfity and the Law of Scotland in
"the fame at their Lordfhips Bar; and therefore pray-
"to have the Affiftance of Scotch Counfel in arguing
"ing, That this Appeal may be appointed to be heard

་ ༠་

Arnot et al. againft Hill et al.

Ld. Dutton introduced.

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any

And alfo, A Petition of Doctor Robert Arnot and others, Profeffors in the University of St. Andrews, Appellants in a Caufe depending in this Houfe; and of Doctor George Hill and others, Profeffors in the fame Univerfity, Refpondents thereto, was prefented and read; fetting forth, "That the Question at iffue "in this Appeal is whether or not the University of "St. Andrews is entitled to elect Two Perfons, Father "and Son, to one Profefforfhip with Survivorship: "That this Caufe has now depended for feveral Years, "and the Diffenfions thereby occafioned have been injurious to the fuccefsful Cultivation of Science and "Literature; and fhould a Vacancy again happen in 66` of thofe Offices of which the Members of the "Univerfity are Patrons before the Determination of "this Caufe, fimilar Controverfies may again take "place to the great Detriment of the University and "of the Public as interested in its Welfare: That this "Question relates to the Application of the Law of "Scotland to the Rights of the Members of a Scotch "Univerfiy, for which Reasons the Parties are anxious "to have the Affiftance of Scotch Counsel in arguing "the fame at their Lordships Bar; and therefore "praying, That this Appeal may be appointed to be "heard on the 21ft Day of March next, or on fuch "other Day during the Spring Vacation of the Court "of Seffion, when the Petitioners can have the Affift"ance of Counfel from the Scotch Bar, as to their "Lordships in their great Wisdom shall seem meet."

And thereupon the Agents for the Petitioners were called in, and heard at the Bar; and being withdrawn, ORDERED, That this Houfe will hear the faid Caufes together, by Counfel at the Bar, on Tuesday the 21ft Day of March next, as defired.

Alexander Hamilton Lord Dutton in the County of Chester, Son and Heir Apparent of Archibald Duke of Brandon, having received His Majefty's Writ to fummon him to fit in this prefent Parliament, was in his Robes introduced between the Lord Walfingham and the Lord Ailfa (alfo in their Robes), the Yeoman Ufher of the Black Rod, Garter King of Arms, and the Earl Marshal preceding; His Lordfhip prefented his Writ to the Lord Chancellor on his Knee at the Woolfack, who delivered it to the Clerk, and the fame was read as follows; (videlicet)

"GEORGE the Third, by the Grace of God, of the "United Kingdom of Great Britain and Ireland King, "Defender of the Faith: To Our right trufly and well"beloved Counsellor Alexander Hamilton of Dutton in "Our County of Chester, Chevalier, Greeting: Whereas "by the Advice and Affent of Our Council, for certain "arduous and urgent Affairs concerning Us, the "State and Defence of Our Kingdom of Great Britain "and Ireland, and the Church, We have ordered a "certain Parliament to be holden at Our City of West

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minster on the Fifteenth Day of December next en"fuing, and there to treat, and have Conferrence with "the Prelates, Great Men, and Peers of Our Realm; "We, ftrictly enjoining, command you, upon the Faith "and Allegiance by which you are bound to Us, that, "the Weightinefs of the faid Affairs and imminent "Perils confidered, (waiving all Excufes), you be at "the faid Day and Place perfonally prefent with Us, "and with the faid Prelates, Great Men, and Peers, to "treat and give your Counsel upon the Affairs afore"faid; and this, as you regard Us and Our Honour, "and the Safety and Defence of the faid Kingdom "and Church, and the Dispatch of the faid Affairs, in "no wife do you omit.

"Witness Ourfelf at Westminster, the Fourth Day "of November, in the Forty-feventh Year of Our "BATHURST and BATHURST."

"Reign.

Then his Lordfhip came to the Table, and took the Oaths, and made and fubfcribed the Declaration, and alfo took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the Barons Bench, in his Father's Barony, between the Lord Boyle and the Lord Hay.

Error:

The Order of the Day being read for hearing Counsel Parry against to argue the Errors affigned upon the Writ of Error, Younge, in wherein John Parry is Plaintiff, and Edward Younge Defendant :

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A Petition of Edward Younge, Defendant in a Writ of Error depending in this Houfe, wherein John Parry is Plaintiff, was prefented and read; fetting forth, “That the Petitioner having recovered a Judgment in His Majefty's Court of Common Pleas, against the Plaintiff in "Error, for the Sum of Two hundred and fixteen Pounds Eighteen Shillings Damages, the faid Plaintiff brought a Writ of Error thereon returnable in His Majesty's "Court of King's Bench, which faid Judgment was af"firmed without Argument, with Twenty-four Pounds "Cofts; and the faid Plaintiff thereupon brought a Writ "of Error returnable before their Lordfhips, and the Re"cord having been tranfcribed, was together with the faid "Writ of Error, brought up into this Houfe on the First "Day of February Inftant; and the Plaintiff hath affigned "the general Errors thereon, to which the Petitioner "hath rejoined, and the Caufe is now fet down for hearing; but, inasmuch as the Plaintiff in Error declines ar"guing the Errors fo affigned before their Lordships, the "Petitioner therefore prays their Lordships, That the faid "Judgment of His Majefty's Court of Common Pleas,

66

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and the Affirmance of the fame Judgment by His Majefty's Court of King's Bench, may be in all Things "affirmed, with fuch Cofts as their Lordships thall "think fit; or that their Lordships will pleafe to make "fuch other Order therein, as to their Lordships, in "their great Wisdom, fhall seem meet; the Agent for "the Plaintiff in Error having figned the Petition as confenting thereto."

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And thereupon the Agent for the Defendant was called in, and heard at the Bar:

And being withdrawn ;

Cofts.

ORDERED and ADJUDGED by the Lords Spiritual and Judgements Temporal, in Parliament affembled, That the faid Judg. affirmed with ment given in the Court of Common Pleas, and the Affirmance of the fame Judgment by 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 House: And it is further Ordered, That the faid Plaintiff do pay or caufe to be paid to the faid Defendant, the Sum of Fifty-five Pounds for his Cofts, fuftained by reason of bringing the faid Writ of Error.

The Tenor of which Judgment, to be affixed to the Tranfcript of the Record, is as follows:

"At which Day, before the fame Court of Parliament "at Westminster, comes as well the faid John Parry in "his proper Perfon, as the faid Edward Younge by his

faid Attorney; whereupon all and fingular the Pre

mifes having been feen, and by the Court of Parlia"ment aforefaid now here more fully understood, and "as well as the Record and Proceedings aforefaid and "the Judgment thereon given, as the Caufes and Matters

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by the faid John Parry above for Error affigned, "being diligently examined and infpected, and mature "Deliberation being thereon had, it feems to the Court "of Parliament aforefaid now here, that there is no "Error, either in the Record and Proceedings afore"faid, or in the Rendition of the Judgment aforefaid, "or in the Affirmance of the faid Judgment, and that "the faid Record is in no wife vitious or defective; there"fore it is confidered by the fame Court of Parliament "aforefaid, that the Judgment aforefaid, and alfo the "Affirmance of the fame Judgment, be in all Things "affirmed, and in their full Force and Effect stand, the "faid Caufes and Matters by the faid John Parry above "for Error affigned, in anywife notwithstanding: And it 10 t

"is

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"is further confidered by the fame Court of Parliament
"aforefaid now here, that the faid Edward Younge do
"recover against the faid John Parry Fifty-five Pounds
"to the fame Edward, with his Affent by the fame
"Court of Parliament aforefaid, according to the Form
"of the Statute thereof made and provided, adjudged
"for his Damages, Cofts, and Charges, which he hath
"fuftained by reafon of the Delay of Execution of the
Judgment aforefaid, by Pretence of profecuting of the
"faid Writ of Error: And thereupon the Record afore-
"faid, as alfo the Proceedings aforefaid, in the fame
"Court of Parliament, in the Premises had by the fame
"Court of Parliament, to the Court of the faid Lord
"the King, before the King Himfelf wherefoever, &c.
are remitted, &c.

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Dominus Cancellarius declaravit præfens Parliamentum continuandum effe ufque ad et in diem Lunæ, vicefimum feptimum diem inftantis Februarii, horâ undecimâ Aurora, Dominis fic decernentibus.

IE Lunæ, 27° Februarii 1809.

D"

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.

referred to

Upon reading the Petition of the Honourable James Mackenzie's Archibald Stuart Wortley Mackenzie, James Archibald et al. Petition Stuart Wortley Efquire his eldeft Son, and Lady Caroline Elizabeth Mary his Wife, and George Stuart Wortley Judges. Efquire his Second Son; praying Leave to bring in a Bill for the Purposes in the faid Petition mentioned:

It is ORDERED, That the Confideration of the said Baron of the Court of Exchequer and Mr. Justice Bayley, Petition be, and is hereby referred to the Lord Chief 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 perused the Bill, do fign the fame.

Domini tam Spirituales quam Temporales præfentes Tweeddale, John Hay Efquire, and Charles Selkrig Efquire, Tweeddale et

Archiep. Cantuar.

Epus: Carliol.
Epus. Ceftrien.

Sir W. Eliott against Oliver. Grant et al. against Grant et al.

fuerunt:

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PRAYERS.

Ds. Walfingham.

Ds. Auckland.

Ds. Hood of Catherington. Ds. Bolton. Ds. Redefdale. Ds. Arden. Ds. Sheffield. Ds. Ailfa.

The Answer of Andrew Oliver to the Appeal of Sir William Eliott Baronet, was this Day brought in.

As was alfo, The Anfwer of Letitia Grant and others, to the Appeal of Amelia Charlotte Grant and others.

Roche against
After hearing Counsel further in the Caufe wherein
Morgell et al. John Roche Efquire is Appellant, and Mary Morgell
Widow and others are Refpondents:

Foote's et al.

Petition re

ferred to Judges.

D. Grafton's

Petition re

ferred to Judges.

It is ORDERED, That the further Hearing of the said Cause be put off to Friday next.

Upon reading the Petition of John Pierfon Foote Efquire, and Mary his Wife, on behalf of themfelves and their Infant Children, Elizabeth Foote, Mary Foote, John Holles Rolle Foote, Philip Locke Foote, Pierfon Foste, Ambrofe Foote, Celia Foote, and Charles Henry Nelfon Foote, and George Herbert of the Borough of Plymouth, in the County of Devon Efquire; 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 Grofe and Mr. Baron Graham, 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 also, that the Judges, having perufed the Bill, do fign the fame.

Upon reading the Petition of the most Noble Auguftus Henry Duke of Grafton, 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 Heath and Mr. Baron Wood, who are forthwith to fummon all

al, Petition

Upon reading the Petition of George Marquis of Marquis of Trustees acting under the Deed of Truft executed by referred to George fome time Marquis of Tweeddale deceafed; Ed- Judges. ward Hay Mackenzie of Newhall Efquire, for himself and on Behalf of John Hay Mackenzie his Son, an Infant; William Hay Newton of Newton Efquire, and Robert Hay of Spott Efquire, for themselves, and on Behalf of their Infant Children; James Earl of Lauderdale, and the faid Edward Hay Mackenzie, as Guardians of the Infant Children of George late Marquis of Tweeddale deceased; 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 Seflion in Scotland, the Lord Juftice Clerk, and the Chief Baron of the Court of Exchequer fummon all Parties before them who may be concerned in Scotland, or any Two of them; who are forthwith to in the Bill; and, after hearing all the Parties, and perufing the Bill, are to report to the Houfe the State of the Cafe, with their Opinion thereupon, under their Hands; and are to fign the faid Bill.

A Meffage was brought from the Houfe of Commons, Ashbourne by Mr. Lygon and others:

With a Bill, intituled, "An Act for enlarging the "Term and Powers of Two Acts of His prefent Majefty, "for repairing the Road from Afhbourne to Sudbury, "and from Sudbury to Yoxall Bridge, and from Hatton "Moor to Tutbury, in the Counties of Derby and Stafford; and for making Two new Branches of Road to Concurrence of this House. "communicate therewith;" to which they defire the

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ORDERED, That the Earl of Clancarty (upon his own E. Clancarty, the House of Commons, appointed to enquire into the Request) be permitted to go to the Select Committee of leave to attend Existence of any corrupt Practices in regard to the Appointment and Nomination of Writers or Cadets in the Service of the East India Company, or any Agreement, Negotiation, or Bargain, direct or indirect, for the Sale thereof, if his Lordship thinks fit.

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