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Gainfburgh
Paving Bill.

Rotherham
Road Bill.

Hurley, &c. Enclosure Bill.

Moens, for a Naturalization Bill:

Bill pre

fented.

Geddes againft Hardies:

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Their Lordships, or any Five of them, to meet on
Wednesday next, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings, near the House of
Peers; and to adjourn as they please.

Hodie 2a vice lecta eft Billa, intituled, "An Act for "making and maintaining a Road from Rotherham to "Swinton, in the West Riding of the County of York." ORDERED, That the faid Bill be committed to the Confideration of the Lords Committees afore-named: Their Lordships, or any Five of them, to meet on the fame Day, at the fame Place; and to adjourn as they please.

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Hodie 2 vice lecta eft Billa, intituled, "An Act for enclosing Lands in the Parish of Hurley, and the Manor "of Murdon, in the County of Southampton."

ORDERED, That the faid Bill be committed to the Confideration of the Lord Committees afore-named:

Their Lordships, or any Five of them, to meet on the fame Day, at the fame Place; and to adjourn as they please.

Upon reading the Petition of Adrian Moens, 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 House, a Bill, intituled, " An Act for naturalizing Adrian "Moens."

The faid Bill was read the First Time.

Upon reading the Petition and Appeal of John Geddes of the Verreville Glafs Works near Glasgow; com. plaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 12th and 21st of May 1807; alfo of Two Interlocutors of the Lords of Seffion there, of the 25th of June 1807, and 1ft of February 1809, adhering to the faid Interlocutors of the Lord Ordinary; and also of an Interlocutor of the faid Lords of Seffion of the 18th of February 1809, decerning for Expences; and praying, "That the fame may be re"verfed, varied, or altered, or that the Appellant may "have fuch other Relief in the Premifes, as to this "House, in their Lordships great Wisdom, fhall seem "meet; and that Henry and Gavin Hardie, Children "of the deceafed Elizabeth Bengo otherwife Hardie, "Wife of James Hardie junior, Merchant in Glasgow, "and James Hardie junior, for his own Intereft, and as "Administrator in Law for his Children, may be required to answer the faid Appeal :"

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It is ORDERED, That the faid Henry and Gavin Hardie, and the feveral other Perfons laft named, may have a Copy of the faid Appeal, and do put in their Anfwer or respective Answers thereunto, in Writing, on or before Monday the 27th Day of March next; and Service of this Order upon the faid Refpondents, or upon One of their Procurators or Agents in the Court of Seffion in Scotland, fhall be deemed good Service.

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et al:

Upon reading the Petition and Appeal of the Reve- Carmichael rend John Carmichael, Prefentee to the Parish of Kinloch against Scott in the County of Perth; complaining of Three Interlocutors of the Lords of Council and Seffion in Scotland, as Commiffioners of Teinds, of the 10th of June 1807, the 2d of March 1808, and 8th of February 1809; and praying, "That the fame may be reversed, varied, or "amended, or that the Appellant may have fuch other "Relief in the Premifes, as to this House, in their "Lordships great Wisdom, fhall feem meet; and that "James Scott and others, may be required to answer "the faid Appeal :"

It is ORDERED, That the faid James Scott and others Answer or respective Answers thereunto, in Writing, on may have a Copy of the faid Appeal, and do put in their Service of this Order upon any of the Counsel or Agents or before Monday the 27th Day of March next; and of the faid Refpondents, in the Court of Seffion in Scotland, fhall be deemed good Service.

The Houfe being moved, "That John Richardfone Richardfone "of Fluyder Street, IVeftminster, Gentleman, may be to enter into permitted to enter into a Recognizance for the Reve- Recogni"rend John Carmichael, on account of his Appeal depending in this Houfe, he living in Scotland:"

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It is ORDERED, That the faid John Richardfone may enter into a Recognizance for the faid Appellant, as defired.

zance on it.

ninghame :

Upon reading the Petition and Appeal of Patrick Warner terlocutors of the Lord Ordinary in Scotland, of the 17th Warner Esquire, of Ardeer; complaining of Three In- against Cupof January, the 3d of February, and the 10th of March 1797; alfo of Four Interlocutors of the Lords of Seffion there, of the 24th of January 1798, the 9th and 12th of February, and the 23d of November 1802; and also of an Interlocutor of the faid I.ords of the 7th, and figned the 14th of February 1809; and praying, "That the "fame may be reversed, varied, or amended, or that the

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Appellant may have such other Relief in the Premises, "as to this Houfe, in their Lordships great Wisdom, "fhall feem meet; and that Robert Reid Cunninghame, "of Auchenharrie, may be required to answer the faid "Appeal:"

It is ORDERED, That the faid Robert Reid Cunninghame may have a Copy of the faid Appeal, and do put in his Anfwer thereunto, in Writing, on or before Monday the 27th Day of March next; and Service of this Órder upon the faid Refpondent, or upon any of his known Counfel or Agents in the Court of Seffion in Scotland, fhall be deemed good Service.

The House being moved, "That John Richardfone Richardfone "of Fluyder Street, Westminster, Gentleman, may be to enter into "permitted to enter into a Recognizance for Patrick RecogniWarner Efquire, on account of his Appeal depending " in this House, he living in Scotland, or being on Service "Abroad:"

It is ORDERED, That the faid John Richardfone may may enter into a Recognizance for the faid Appellant, as defired.

zance on it.

The Houfe being moved, "That a Day may be ap- Grant et al. "pointed for hearing the Caufe, wherein Amelia Charlotte against Grant "Grant and others are Appellants, and Letitia Grant et al. "and others are Refpondents:"

It is ORDERED, That this Houfe will hear the faid Caufe, by Counfel at the Bar, on the firft vacant Day for Caufes after thofe already appointed.

mer to

into a

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hael

Scott

49

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Scott and
another
againft
Gillies.

Barnewall Peerage,

meet.

Journals of the House of Lords.

The House being moved," That a Day may be ap"pointed for hearing the Caufe, wherein Sir William "Eliott Baronet is Appellant, and Andrew Oliver is Respondent:"

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It is ORDERED, That this Houfe will hear the faid Caufe, by Counsel at the Bar, on the first vacant Day for Causes, after thofe already appointed.

Upon reading the Petition of Robert Pierce Gillies, now of Balmakenan, the Son and Heir of Thomas Gillies deceased, and of Colin Gillies Efquire, his Curator or Guardian, Refpondents in a Caufe depending in this House, to which Lieutenant Colonel Hercules Scott and another are Appellants; fetting forth, "That the above "Appeal, in as far as the Petitioner's Father homas "Gillies was a Party, is abated by his Death; the "Petitioners therefore pray, That their Lordships will "be pleased to order that the faid Appeal may ftand "revived in the Name of the Petitioner the faid "Robert Pierce Gillies, and of his Curator or Guardian "the faid Colin Gillies, as in the Place and Stead of the "faid Thomas Gillies; and that the Petitioners may have "the fame Benefit of the Anfwer, and the other Proceedings had on the faid Appeal, as the faid Thomas "Gillies might have had if in Life :"

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It is ORDERED, That the faid Appeal do ftand revived in the Name of the Petitioner the faid Robert Pierce Gillies, and of his Curator or Guardian the faid Colin Gillies, as in the Place and Stead of the faid Thomas Gillies; and that the Petitioners may have the fame Benefit of the Anfwer, and the other Proceedings had on the faid Appeal, as the faid Thomas Gillies might have had if living, as desired.

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Upon reading the Petition of Mathew Barnewall of the City of Dublin, Efquire, claiming the Titles, Dignities, and Committee to Honours of Viscount Barnewall of Kingsland, and Baron of Turvey, in the County of Dublin in Ireland; setting forth, "That the Petitioner delivered in his printed Cafe * in relation to his faid Claim, according to their Lordfhips Standing Order, early in the laft Seffion of Parlia"ment: That by their Lordships Order of the 6th Day of "April 1808 it was ordered, That the Lords Com"mittees for Privileges fhould meet to confider the faid "Claim on Tuesday the 3d Day of May then next, " and that Notice thereof fhould be given to His Ma"jesty's Attorney General: That due Notice of fuch "Meeting of the Committee was given to His Majesty's Attorney General, in purfuance of their Lordships "Order, and a Copy of the Petitioner's Cafe, including a Copy of the Report of His Majefty's Attorney and "Solicitor Generals for Ireland thereon, were alfo de"livered to him: That the Petitioner, by his Counfel, "and alfo His Majesty's faid Attorney General, attended "the Houfe on the faid 3d Day of May laft; but from "the Urgency of more important Matters the Lords "Committees for Privileges did not meet on that Day,

Imports and Exports between Great Britain and Spain and

Portugal, Accounts of delivered.

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" and the Confideration of the Petitioner's Claim was
"neceffarily poftponed; and therefore praying, That
"their Lordships will be pleafed to order, That the Lords
"Committees for Privileges may meet to confider of the
"Petitioner's faid Claim on Tuesday the 21ft Day of
"March next, or fuch other Day as their Lordships
"shall be pleased to appoint:"

It is ORDERED, That the Committee for Privileges do
meet to confider the faid Claim on Thursday the 23d Day
of March next; and that Notice thereof be given to His
Majesty's Attorney General.

The House being informed, "That Mr. Irving, Infpec-
"tor General of Imports and Exports, attended;"
He was called in, and delivered at the Bar, pursuant
to an Order of Friday the 17th Instant;

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"An Account of the real Value of all Imports into "and Exports from Great Britain from and to Spain "and Portugal refpectively, from the ift of May 18c8 "to the latest Period to which the fame can be made up; diftinguishing fuch Part of the fame as was relpecVOL. XLVII.

And then he withdrew.

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Borough of Warwick, in the County of Warwick, Widow; Petition re-
Upon reading the Petition of Elizabeth Laudor of the Laudor's
Walter Savage Lauder of Lanthony Abbey, in the County Judges.
of Monmouth, Efquire; the Reverend Charles Savage
Laudor, Rector of Colton, in the County of Stafford,
Clerk; Henry Ayres Laudor of the Borough of Warwick
aforefaid, Gentleman; and the Reverend Robert Ayre
Laudor, Master of Arts, Fellow of Worcester College,
Oxford, Clerk; 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 Thom-
Son and Mr. Juftice Chambre, who are forthwith to fum-
mon all Parties concerned in the Bill; and, after hearing
them, are to report to the Houfe the State of the Cafe,
with their Opinion thereupon, under their Hands; and
fequences of the Bill, have figned the Petition; and alfo,
whether all Parties, who may be concerned in the Con-
that the Judges, having perufed the Bill, do sign the
fame.

Petition res

Auguftus Berkeley Craven; praying Leave to bring in
Upon reading the Petition of the Honourable Henry Craven's
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 Chief
Juftice of the Court of Common Pleas, and Mr. Justice
Bayley, who are forthwith to fummon all Parties con-
cerned 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 Farties,
R

who

ferred to Judges.

Bufby's et al. Petition referred to Judges.

Maffingberd's Peti

to Judges.

who may be concerned in the Confequences of the Bill,
have figned the Petition; and alfo, that the Judges, hav-
ing perused the Bill, do fign the fame.

Upon reading the Petition of Edward Sclater Busby
Efquire, James Salter Efquire and Elizabeth his Wife,
and Edward Auguftus Butcher Efquire and Margaret
his Wife; praying Leave to bring in a Bill for the Pur-
poses in the faid Petition 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 Houfe 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 cerned 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 Peregrine Maffingberd tion referred Efquire and Elizabeth Mary Ann his Wife, Thomas Maffingberd Efquire, the Reverend Charles Bowles Maffingberd, Elizabeth Maffingberd Widow, and Emily Maffignberd Spinfter; praying Leave to bring in a Bill, for the Purposes in the faid Petition mentioned:

Hutton's Petition referred to

Judges.

Farrers et al. Petition referred to

Judges.

Mofeley's

Petition referred to Judges.

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 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 concernced 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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Upon reading the Petition of John Hutton of Marske, in the County of York, Efquire, Matthew Hutton Efquire, and Timothy Hutton of Clifton, in the County of York, 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. Justice 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 alfo that the Judges, having perufed the Bill, do fign the fame.

Upon reading the Petition of Farrer Grove Spurgeon
Farrer of Cold Brayfield, in the County of Buckingham,
Efquire, and John Grove Spurgeon of Lowestoffe, in the
County of Suffolk, Clerk, and Ann his Wife; praying
Leave to bring in a Bill for the Purposes in the faid Peti-
tion mentioned:

It is ORDERED, That the Confideration of the faid
Petition be, and is hereby referred to Mr. Baron Thomson
and Mr. Justice 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 whe-
ther all Parties, who may be concerned in the Confe-
of the Bill, have figned the Petition; and alfo,
that the Judges, having perufed the Bill, do fign the

quences

fame.

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ferred to

Judges.

Upon reading the Petition of Katherine Partridge of Partridges
Cromer, in the County of Norfolk, Widow, and Relict Petition re-
of Henry Partridge, late of the Middle Temple, London,
Efquire, deceased, on the Part of herfelf, Henry Samuel
Partridge of Barwick Hall, in the County of Norfolk,
Efquire, the eldeft Son and Heir at Law of the faid
Henry Partridge by the faid Katherine, formerly his Wife
and now his Widow, for and on the Behalf of himself
the faid Henry Samuel Partridge, and for and on the Be-
half of Louifa Katherine Partridge, Henry Champion Par-
tridge, and Charlotte Anne Partridge, the only Children
of the faid Henry Samuel Partridge, all of whom are
Infants under the Age of Twenty-one Years; and of
Mary Frances the Wife of the faid Henry Samuel Par-
tridge, Robert Partridge of the City of Norwich, Efquire,
himfelf and of Robert Partridge his only Son, an Infant
a Brother of the faid Henry Partridge, on the Behalf of
under the Age of Twenty-one Years; the Reverend
folk, another Brother of the faid Henry Partridge, Ka-
John Partridge of Cranwick, in the faid County of Nor-
therine Partridge, and Robert Partridge, as Teftamentary
Guardians under the Will of the faid Henry Partridge,
of John Anthony Partridge an Infant under the Age
of Twenty-one Years, the only other Son of the faid
IIenry Partridge; praying Leave to bring in a Bill, for
the Purposes in the faid Petition mentioned:

Petition be, and is hereby referred to the Lord Chief
It is ORDERED, That the Confideration of the faid
Baron of the Court of Exchequer, and Mr. Justice
cerned in the Bill; and, after hearing them, are to report
Bayley, who are forthwith to fummon all Parties con-
to the Houfe 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,
perufed the Bill, do fign the fame.
have figned the Petition; and alfo, that theJudges, having

referred to

Upon reading the Petition of John Wharton Efquire, Wharton's
and Sufan Mary Ann his Wife, James Wharton Efquire, et al. Petition
William Wharton Clerk, Robert Wharton Myddleton
Efquire, Richard Wharton Efquire, Thomas Brand Clerk,
Judges.
and Deborah his Wife, Margaret Wharton Spinster, and
Elizabeth Wharton Spinfter, on Behalf of themselves; and
Anthony Salvin Efquire, on Behalf of Ann Salvin his
Infant Daughter; praying Leave to bring in a Bill, for
the Purposes in the faid Petition mentioned:

Petition be, and is hereby referred to Mr. Justice Heath,
It is ORDERED, That the Confideration of the faid
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
Parties who may be concerned in the Confequences of
Opinion thereupon, under their Hands; and whether all
the Bill, have figned the Petition; and alfo, that the
Judges, having perused the Bill, do fign the fame.

Petition re

Upon reading the Petition of the Right Honourable E. Guilford's
Francis Earl of Guildford, and the Honourable Fre- and North's
derick North of Conduit Street in the Parish of Saint ferred to
George, Hanover Square; praying Leave to bring in a Judges.
Bill for the Purposes in the faid Petition mentioned:

It is ORDERED, That the Confideration of the faid
and Mr. Baron Graham, who are forthwith to fummon
Petition be, and is hereby referred to Mr. Juftice Grofe
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 whe-
quences of the Bill, having figned the Petition; and alfo,
ther all Perfons, who may be concerned in the Confe-
that the Judges, having perufed the Bill, do fign the
fame.

Upon

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et al. Petition referred to Judges.

Upon reading the Petition of Dame Jane St. John J. Mildmay's Mildmay, Widow of Sir Henry Paulet St. John Mildmay, on Behalf of herself and her Infant Children, Sir Henry St. John Carew St. John Mildmay, John Clerk Efquire and Ann his Wife, George William Ricketts Efquire and Letitia his Wife; praying Leave to bring in a Bill, for the Purposes in the faid Petition mentioned:

Shirrefs et al. again't the Magistrates

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. It is ORDERED, That the Confideration of the faid. Petition be, and is hereby referred to Mr. Baron Thomfon and Mr. Justice Chambre, who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, are to report to the Houfe 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.

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ap

Ld. Seaforth

Hume.

" pointed for hearing the Caufe wherein Francis Lord against
The House being moved, "That a Day_may be
"Seaforth is Appellant, and Alexander Hume Efquire
"is Refpondent:"

Caufe, by Counsel at the Bar, on the first vacant Day
It is ORDERED, That this Houfe will hear the faid
for Caufes after thofe already appointed.

Hodie 2 vice lecia eft Billa, intituled, "An Act Militia Enlift-
"to allow a certain Proportion of the Militia in Ire- ment (Ire-
"land voluntarily to enlift into His Majefty's Regular land) Eiil.
"Forces."

ORDERED, That the faid Bill be committed to à
Committee of the whole House.

upon the faid Bill To-morrow.
ORDERED, That the House be put into a Committee

Upon reading the Petition and Appeal of the Reverend Doctor James Shirrefs, one of the Minifters of of Aberdeen Aberdeen, Patron of the Incorporated Trades of the Burgh of Aberdeen, and others, for themselves, Conveener, Deacons, and reprefenting their refpective Incorporated Trades; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 4th of July 1807, and the 11th of March 1808; and alfo of Three Interlocutors of the Lords of Seffion there, of the 23d" and figned the 24th of December 1808, and the ift 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 Houfe, in their Lordships great "Wisdom, fhall feem meet; and that the Magiftrates " and Town Council of the City of Aberdeen may be "required to answer the faid Appeal :"

It is ORDERED, That the faid Magiftrates and Town Council of the City of Aberdeen may have a Copy of the faid Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 28th Day of March next; and Service of this Order upon the faid Refpondents, or upon any One of their Procurators or Agents in the Court of Seffion in Scotland, fhall be deemed good Service.

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Sir G. Bro

grave's

"in Scotland:"

It is ORDERED, That the faid Thomas Longlands may enter into a Recognizance for the faid Appellants as defired.

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66

The House being moved, "That a Day may be appointed for hearing the Caufe, wherein William Ewing is Appellant, and Thomas Tipping and others are Refpondents ex parte, the Refpondents not having put in their Answer thereto, though peremptorily or"dered fo to do:"

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It is ORDERED, That this Houfe will hear the faid Cause ex parte, by Counsel at the Bar, on the first vacant Day for Caufes after thofe already appointed, unless the Refpondents put in their Anfwer thereto, in the mean Time.

ORDERED, That Charles Pearfon do attend this House, in order to his being examined as a Witness upon the

Divorce Bill. Second Reading of the Bill, intituled, "An Act to

Scales and

Brunton against Rae

burn and

Moncrieff.

"diffolve the Marriage of Sir George Berney Brograve
"Baronet, with Emma Louifa Brograve his now Wife,
❝and to enable him to marry again, and for other Pur-
poses therein mentioned.”

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t

"An Act for Ashbourne

Hodie 2a vice lecta eft Billa, intituled, prefent Majefty, for repairing the Road from Ashenlarging the Term and Powers of Two Acts of His Roads Bill. "bourne 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 communicate therewith."

ORDERED, That the faid Bill be committed to the

Confideration of the Lords following :
D.CUMBERLAND. L. Bp. Chichester. L. Walfingham.
E. Stanhope.
L. Hood of Cather
E. Buckingham-
ington.
Shire.
E. Glandore.
L. Redefdale.
L. Sheffield.
L. Erskine.

V. Sydney.

Their Lordships, or any Five of them, to meet on
Thursday next, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings, near the House of
Peers; and to adjourn as they please.

Upon reading the Petition of Mary Pemberton, Pemberton et Thomas Pemberton, Edwin Pemberton, and Benjamin al. against Stokes, Executrix and Executors of Samuel Pemberton Oakes and deceafed, Plaintiffs in a Writ of Error depending in in Error. Willington, lington are Defendants; fetting forth, this Houfe, wherein Charles Oakes and Thomas Wil"That the faid "Samuel Pemberton, and one George Stokes of Old Swinford, in the County of Worcester, Iron Mafter, did, by "Indenture bearing Date on or about the 4th Day of

66

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January 1802, agree with William Harding, Charles "Oakes, and Thomas Willington, all of Tamworth, in the "Counties of Stafford and Warwick, Bankers and Copartners, to become Securities for Benjamin Stokes of Birmingham, in the County of Warwick, Merchant, "to the Amount of Twenty thousand Pounds, for Prin"cipal Money and Intereft, lent or to be lent by the faid William Harding, Charles Oakes, and Thomas Willing

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ton, or the Survivors or Survivor of them, or the "Executors or Administrators of fuch Survivor, before "the 19th Day of February 1807, to the faid Benjamin "Stokes; that the faid William Harding died on or about "the 26th Day of March 1802; that on the Death of "the faid William Harding, Thomas Paget, Jofeph Paget, "Thomas Bankhart, and Martha Harding became Partners with the faid Charles Oakes and Thomas Willington; "that the faid Benjamin Stokes kept an open Banking "Account with the faid William Harding, Charles Oakes, "and Thomas Willington, up to the Death of the faid "William Harding, and continued to keep fuch open

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Banking Account with the faid Thomas Paget, Jofeph Paget, Thomas Bankhart, Martha Harding, Charles "Oakes, and Thomas Willington, from the Death of the “faid William Harding to the Month of February 1806;

" that

"that in the Month of February 1806, the faid Benjamin "Stokes became infolvent, and the faid Charles Oakes "and Thomas Willington called on the Petitioners and "George Stokes to pay the Balance of the faid Benjamin "Stokes's Banking Account, under the faid Deed of the "4th of January 1802, which the faid Charles Oakes "and Thomas Willington reprefented as amounting to "the Sum of £19,185. 135. 4d., and threatened, that "in cafe the faid Sum of £19,186. 135. 4d. was not "either immediately paid, or fecured to be paid, they "would proceed against the Petitioners and the faid George Stokes at Law; that the Petitioners being very "much preffed by the faid Charles Oakes and Thomas Willington, either to pay the faid Sum of £19,186. 135. 4d. or to give a Bond for the fame, agreed to execute a Bond for the Purpose of fecuring the fame, "provided the faid Bond fhould not render them liable "for any Money which they were not liable to pay "under the faid Deed of the 4th of January 1802; to "which the faid Charles Oakes and Thomas Willington "confented, and agreed and propofed that an Indorfe

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ment should be made on the faid Bond to that Effect; "that a Bond, bearing Date the 27th Day of February "1806, was accordingly prepared, from the Petitioners "and the faid George Stokes, to the faid Charles Oakes "and Thomas Willington, as the furviving Partners of the "faid Wiliam Harding, for £40,000, upon which faid "Bond an Indorsement was made, purporting that the "faid Bond was given as a collateral Security for the "faid Sum of £19,186. 135. 4d. for which the said "Charles Oakes and Thomas Willington held the said Deed "of the 4th Day of January 1802: That in Trinity Term "1806, the faid Charles Oakes and Thomas Willington "commenced an Action against the Petitioners on the "faid Bond, and laid their Venue in Warwickshire, "and obtained a final Judgment in the faid Action "against the Petitioners therein, in the Michaelmas Term "following; that the faid Charles Oakes and Thomas "Willington never informed the Petitioners that the faid "Sum of £19,186. 13s. 4d. was not a Debt due from "the faid Benjamin Stokes to the faid Charles Oakes and "Thomas Willington, as furviving Partners of the faid "William Harding, or that the fame was a Debt due to "the faid Thomas Paget, Jofeph Paget, Thomas Bankhart, "Martha Harding, and I homas Willington, which is the "Fact, nor was the Petitioners any ways informed of "the faid Thomas Paget, Jofeph Paget, Thomas Bankhart, "and Martha Harding having any Intereft therein, till long after they were precluded from pleading in the "faid Action, unlefs by Leave of the Court in which "the fame Action was brought; that the Petitioners "afterwards difcovered that Fact, and alfo difcovered "that the faid Bond covered the Sum of £4,917.15. 11d. "for which the Petitioners would not have been liable "to the faid William Harding, Charles Oakes, and Thomas Willington, if the faid William Harding had been still living, and no Perfon interested in the faid Account 66 except the faid William Harding, Charles Oakes, and "Thomas Willington; that the faid George Stokes has given. "to the Petitioners Notice that he will not contribute "his Proportion of the faid Bond, if the Petitioners pay "the fame, without being compelled fo to do by Law: "That when the Petitioners fuffered themfelves to be

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"non-fuited in their Writ of Error in the Exchequer "Chamber, they were ignorant of the faid Bond covering any Sum of Money, for which they could not in "any Event be liable, to any Perfon whatsoever, and "the Petitioners had not then discovered the Error in

"ceedings in this Caufe: That the Petitioners being de "firous of facilitating the Proceedings in this Caufe, fo as that the real Merits might be brought to Iffue, the "Petitioners caufed another Writ of Error to be iffued, "for the Purpose of removing the Record of this Caufe "out of the Court of the Exchequer of Pleas to this "House, and accordingly, the Writ of Error on which "the Record in this Caufe has been removed to this "House, was iffued and delivered to the Agent of the "faid Defendants: That, on or about the 1ft Day of "June 1808, a Motion was made in the faid Exchequer "of Pleas, for the Petitioners to tranfcribe the faid "Record, but at the fame Time the faid Motion was "made, the faid Defendants in Error had not entered the "Proceedings on Record, but the Petitioners caufed "the faid Record to be tranfcribed immediately after "the Proceedings had been entered on the Rolls of "the faid Court of Exchequer of Pleas; that the faid "Defendants in Error did not ferve the Order of this "House, for the Petitioners to affign Errors before their

"the Record in this Caufe: That the Petitioners firft brought their Writ of Error, for the Purpofe of re"moving the Record of this Cause into this Honourable "Houfe, in the Month of November 1806, which was "duly notified to the faid Defendants in Error on or "about the 18th Day of faid November 1806, but the "faid Defendants in Error never returned the faid Writ "of Error to be filed, and in the Month of May 1808 "applied to the Agent of the Petitioners to caufe a "fresh Writ of Error to be iffued, in order that they might move the Court of Exchequer of Pleas, for "the Petitioners to tranfcribe the Record of the Pro

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Lordships till Eleven o'Clock of the Forenoon of the "Fourth of July laft, and on the fame Day petitioned "their Lordships to non-pros the Petitioners Writ of "Error, with which Petition of the faid Defendants their Lordfhips did not think fit to comply, and on the Meeting of this House permitted the Petitioners to affign Errors before their Lordships: That the faid "Defendants in Error applied again to their Lordships "on the 23d Day of Januay laft, to non-pros the "Petitioners Writ of Error, when their Loadships were

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pleased to order the faid Errors to be argued before "their Lordships on the 26th of the faid Month of January laft: That the Petitioners Proceedings have not "in any Part of them been inftituted for the Purpose of "Delay, nor have produced fuch Delay, but merely for "the Purpose of obtaining Justice in the Premises; and

forafmuch as the Proceedings of the Petitioners are, as

they most humbly fubmit, regular, and according to "the ufual Practice of Writs of Error brought into "this Houfe, under the like Circumstances, they most "humbly pray, That the faid Writ of Error may be fuf"tained by their Lordships, and the former Judgments "in this Cause, be reverfed :"

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

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count, &c.

delivered,

The Order of the Day being read for the Second Sir G. BroReading of the Bill, intituled, "An Act to diffolve the grave's DiMarriage of Sir George Berney Brograve Baronet, with vorce Bill. "Emma Louifa Brograve his now Wife, and to enable "him to marry again, and for other Purposes therein the fame; and for the Lords to be fummoned : " mentioned;" and for hearing Counfel for and against

ORDERED, That the faid Order be discharged.

ORDERED, That the faid Bill be read a fecond Time on Thursday next; and that Counsel be heard for and against the fame; and that the Lords be fummoned.

The Lord Walfingham reported from the Lords Com- Derwent mittees, to whom the Bill, intituled, "An Act for amend- Fishery Bill. "ing an Act of the Forty-fourth Year of His prefent

Majefty, for regulating certain Fifheries in the County. "of Cumberland, and other Places therein mentioned,

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