Campbell to enter into Recogni zance on Agnew's Three Appeals. Ker and Hotchkis against Sir J. Ker et al: 6th of March 1793, and Procedure of the Lords Ordinary on the Bills had thereupon; alfo of the Interlocutor of Lord Ankerville Ordinary, of the 6th of June 1793; alfo of the Interlocutor of the Lords of Seffion, of the 5th of July 1793; alfo of the Interlocutor of the Lord Swinton Ordinary, of the 9th of July 1793; alfo the Interlocutor of the Lords of Seflion, of the 9th of July 1793; alfo of the Interlocutors of Lord Swinton Ordi"nary, of the 1ft and 8th of March 1794, 18th of November 1795, 29th of June 1796, 25th of June 1797, and 21ft of June 1798; alfo of the Interlocutors of the Lords of Seffion, of the 19th of June 1799; and the Interlocutors of Lord Bannatyne Ordinary, to whom the said Process was remitted on Lord Swinton's Death, of the 21ft of November 1799, 21ft of November 1800, 21ft of November 1801, 19th of November 1802, 18th of November 1803, 15th of November 1804, 14th of November 1805, 3d of July 1806, 2d of July 1807, and 30th of June 1808; and praying, "That the fame may be reverfed, varied, or altered, or that the Appellant 66 may have fuch other Relief in the Premifes, as to this "House, in their Lordships great Wisdom, shall seem "meet; and that Mrs. Frances Dunlop, otherwife Agnew, "Widow of the deceafed Robert Agnew of Sheuchan Efquire, and as his univerfal Difponee and Executrix, "in manner mentioned in the faid Appeal, as reprefenting her faid Husband, the Right Honourable John "Earl of Stair, the Honourable Captain Patrick Mait"land of Freugh, Sir David Hunter Blair Baronet, and "James Hunter Blair Efquire, or both, or one of them "reprefenting the deceafed Sir John Hunter Blair of "Dunfbey Baronet, William Hannay of Bargelly Efquire, "and David Balfour Efquire, Writer to the Signet, may "be required to answer the faid Appeal :" 66 66 The House being moved, "That James Campbell of "Duke Street, Westminster, Gentleman, may be per"mitted to enter into a Recognizance for John Vans "Agnew Efquire, on account of his Appeal depending "in this House, he refiding in Scotland:" It is ORDERED, That the faid James Campbell may enter into a Recognizance for the faid Appellant, as defired. The Houfe being moved, "That James Campbell of "Duke Street, Westminster, Gentleman, may be per"mitted to enter into a Recognizance for John Vans Agnew Efquire, on account of his Appeal depending "in this Houfe, he refiding in Scotland":" It is ORDERED, That the faid James Campbell may enter into a Recognizance for the faid Appellant, as defired. or that the Appellants may have fuch other Relief in "the Premises, as to this House, in their Lordships "great Wisdom, fhall feem meet; and that Sir James "Innes Ker, and James Horn, Writer to the Signet, his "Commiffioner, and John Bellenden Ker, Henry Gawler, "and John Seton Karr, Efquires, may be required to " answer the said Appeal :" It is ORDERED, That the faid Sir James Innes Ker, and the faid feveral other Perfons last named, may have a Copy of the faid Appeal, and do put in their Answer or refpective Answers thereunto in Writing, on or before Thursday the 22d Day of February next; and Service of this Order upon the faid Refpondents, or upon any of their Counsel or Agents in the Court of Seffion in Scotland, fhall be deemed good Service. Upon reading the Petition and Appeal of Benjamin Lefter et al. Lester and Company, Merchants in Poole, and Hynd against Scott: Taker and Company, Infurance Brokers in Glasgow, their Attornies, complaining of Four Interlocutors of the Lord Ordinary in Scotland, of the 21ft of January 1808, the 17th of January, the 3d of February, and 25th of November 1809; and alfo of Three Interlocutors of the Lords of Seffion there, (Second Chamber), of the 4th of July, the 25th of November, and 22d of December 1809; and praying, "That the fame may be "reverfed, varied, or altered, or that the Appellants may have fuch other Relief in the Premises, as to this "House, in their Lordships great Wisdom, shall seem meet; and that Alexander Scott, Upholsterer in Aber"deen, may be required to answer the faid Appeal:" Moreland et Upon reading the Petition and Appeal of Mary Re. De la Fon- Upon reading the Petition and Appeal of Walter Ker 3 Attornies, Campbell to enter into Recognizance on it. Bakers of Perth against Chalmer to Attornies, may have a Copy of the faid Appeal, and do The House being moved, "That James Campbell of "Duke Street, Westminster, Gentleman, may be per"mitted to enter into a Recognizance for Mary Re"becca De la Fontaine Widow, formerly Lafbley, on "account of her Appeal depending in this House, fhe "refiding in the Country:"" It is ORDERED, That the faid James Campbell may enter into a Recognizance for the faid Appellant, as defired. Upon reading the Petition and Appeal of George Ker, fome time Paymaster of the late Regiment of Aberdeenfhire Fencible Infantry, now refiding in Aberdeen, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 24th of November 1807, and the 5th of July 1808; alfo of Two Interlocutors of the Lords of Seffion there (First Chamber), of the 13th and 30th of June 1809; and alfo of an Interlocutor of the Lords of Seffion (First Divifion), of the 14th of December 1809; and praying, “That the fame may be reverfed, varied, or altered, or that the Appellant may have fuch other "Relief in the Premises as to this Houfe, in their Lord"fhips great Wisdom, fhall feem meet; and that the "Right Honourable Francis Earl of Moira and others, "the Truftees of Colonel Archibald Macneil, may be "required to answer the faid Appeal :" It is ORDERED, That the faid Francis Earl of Moira The House being moved, "That James Campbell of 66 Upon reading the Petition and Appeal of the Incorporation of Bakers of Perth, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 30th of May and 17th of June 1807, and of Two Interlocutors of the Lords of Seffion there, of the 19th of May and 5th of July 1808; and praying, "That the fame may be reverfed, varied, or amended, or that the Appellants may have fuch other Relief in the Pre"mifes as to this Houfe, in their Lordships great Wif"dom, shall seem meet; and that John Gloag and James "Stewart and others, Members of the Societies in Perth "calling themfelves The Perth Wheaten Bread Society, "and The New Perth Wheaten Bread Society, may be "required to answer the faid Appeal :" 66 It is ORDERED, That the said George Gloag and James Stewart and others may have a Copy of the faid Appeal, and do put in their Answer or refpective Answers thereunto, in Writing, on or before Thursday the 22d Day of February next; and Service of this Order upon the faid Refpondents, or upon any of their known Counsel or Agents in the Court of Seffion in Scotland, fhall be deemed good Service. The Houfe being moved, "That James Chalmer of "That James Chalmer of enter into Re-Abingdon Street, Westminster, Gentleman, may be percognizance on ❝mitted to enter into a Recognizance for the Incorpora Burrows et Upon reading the Petition and Appeal of the Right E. Traquair Honourable Charles Earl of Traquair, and of the Ho- et al against nators of the College of Juftice, and Mr. John Anftru nourable Charles Hay Mudie of Newton, one of the Se- al.: ther, Advocate, Trustees of the faid Earl, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 14th of June 1806; and alfo of Three Interlocutors of the Lords of Seffion there, of the 23d of May 1806, the 18th of May 1808, and the 31st of January 1809; and praying, "That the fame may be reverfed, varied, "or altered, or that the Appellants may have fuch other "Relief in the Premifes as to this Houfe, in their Lord fhips great Wisdom, fhall feem meet; and that Walter "Burrows, Robert Cowie, Thomas Afton the younger, "and John Strother Ancrum, all Merchants in London, "and William Walker of Edinburgh, their Attorney, may be required to anfwer the faid Appeal:" Upon reading the Petition and Appeal of Adam Grieve against Grieve, cldeft Son and Heir of Line of the deceafed Grieve and William Grieve, original Leffee of the Lands of Barlaugh, and others, prefently refiding in Edinburgh, complaining of Two Interlocutors of the Lords of Seffion in Scotland, the First dated the 18th and figned the 25th of February 1806, and the Second dated the 10th and figned the 11th of March 1807; and praying, "That "the fame may be reverfed, altered, or varied, in fo "far as complained of, or that the Appellant may have "fuch other Relief in the Premifes as to this House, in "their Lordships great Wisdom, shall seem meet; and "that William Grieve and Lieutenant Colonel Francis "Cunningham may be required to anfwer the faid "Appeal:" It is ORDERED, That the faid William Grieve and Lieutenant Colonel Francis Cunningham may have a Copy of the faid Appeal, and do put in their Answer or refpective Answers thereunto, in Writing, on or before Thursday the 22d Day of February next; and Service of this Order upon the faid Refpondents, or upon any one of their respective Counsel or Agents in the Court of Seffion in Scotland, fhall be deemed good Service. Petition to Upon reading the Petition of Adam Grieve, eldest Appellant's Son and Heir of Line of the deceased William Grieve, to profecute original Leffee of the Lands of Barlaugh, and others, re- Appeal in fiding in Edinburgh, Appellant in a Caufe depending in formâ pauthis Houfe, to which William Grieve and Lieutenant Co- peris. lonel Francis Cunningham are Refpondents; fetting forth, "That the Petitioner is very poor (as by the Af"fidavit and Certificate annexed appears), and conceiv"ing himfelf aggrieved by certain Interlocutors of the "Court of Seffion in Scotland; and it appearing to Two "Counsel there that he hath good and probable Caufe " to appeal therefrom (as by another Certificate, alfo "annexed, Gordon's et Ux. Petition referred to Judges. Boddington's Petition referred to Judges. Dame J.Mild Upon reading the Petition of Robert Gordon Efquire and Elizabeth Anne his Wife, 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 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 Thomas Boddington of Hillmorton, in the County of Warwick, Gentleman, 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 Chief Juftice of the Court of Common Pleas and Mr. Juftice Bayley, 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 Dame Jane Saint John may and Sir Mildmay of Dogmersfield Park, in the County of SouthH. Mildmay's ampton, Widow; and Sir Henry Saint John Carew Saint Petition reJohn Mildmay of Shawford Houfe, in the faid County of ferred to Southampton, Baronet; praying Leave to bring in a Bill for the Purposes in the faid Petition mentioned: Judges. E. Caffillis against Pater ion. It is ORDERED, That the Confideration of the faid Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Wood, who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Confequences of the Bill, have figned the Petition; and also, that the Judges, having perufed the Bill, do fign the fame. The House being moved, "That a Day may be appointed for hearing the Caufe, wherein Archibald Earl "of Caffillis is Appellant, and Doctor James Paterfon "is Refpondent :" It is ORDERED, That this Houfe will hear the faid Caufe, by Counsel at the Bar, on the firft vacant Day for Caufes after thofe already appointed. It is ORDERED, That this Houfe will hear the faid Caufe, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed. The House being moved, "That a Day may be ap- Richan " "pointed for hearing the Caufe, wherein Captain Wil. against "liam Richan is Appellant, and Thomas Gordon is Re- Gordon. fpondent:" It is ORDERED, That this House will hear the faid Cause, by Counsel at the Bar, on the first vacant Day for Causes after thofe already appointed. Upon reading the Petition and Appeal of the Honour- Frafer against able Colonel Archibald Frafer of Lovat, complaining of Chisholm et Four Interlocutors of the Lords of Seffion in Scotland, al. (Firft Divifion) the Firft dated the 15th, and figned the 17th of November, the 18th of November, and 9th of De cember 1808, and the 23d of June 1809; and praying, That the fame may be reverfed, varied, or altered, or "that the Appellant may have fuch other Relief in the "Premises, as to this Houfe, in their Lordships great "Wisdom, fhall feem meet; and that William Chisholm "of Chisholm, Alexander Mackenzie of Ord, and John Rofe of Ardnagrafb, may be required to answer the "faid Appeal:" It is ORDERED, That the faid William Chisholm, Alexander Mackenzie, and John Rofe, may have a Copy of the faid Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 22d Day of February next; and Service of this Order upon the faid Refpondents, or upon any of their Counsel or Agents in the Court of Seffion in Scotland, fhall be deemed good Service. The Houfe being moved, "That a Day may be ap- Jaffray and « pointed for hearing the Crofs Appeal, wherein Wil- Co. againft "liam Jaffray and Company, Merchants, are Appel- Scott et al. "lants, and James Scott and Company and others are « Refpondents:" It is ORDERED, That this House will hear the faid Crofs Appeal, by Counsel at the Bar, at the fame Time with the original Appeal, wherein James Scott and Company and others are Appellants, and William Jaffray and Company, Merchants, are Refpondents. ftone et al. The Houfe being moved, "That a Day may be ap. Higgins pointed for hearing the Caufe, wherein John Alexander against Sir "Higgins, Writer to the Signet, is Appellant, and Sir T. Living"Thomas Livingstone and others are Refpondents, ex "parte, the Refpondents not having put in their Answer "thereto, though peremptorily ordered fo to do:" It is ORDERED, That this Houfe will hear the faid Caufe, ex parte, by Counsel at the Bar, on the first vacant Day for Caufes after thofe already appointed, unless the Refpondents put in their Answer thereto in the mean Time. en Bill: A Petition of the Honourable Henry Wellesley, praying Wellesley for Leave to bring in a Bill to diffolve his Marriage with a Divorce Lady Charlotte Wellesley his now Wife, and to able him to marry again, and for other Purposes therein mentioned, being offered to be prefented to the Houfe; The House was informed, "That John Spinks was "attending." He was ordered to be called in. Delivered a Copy of the Proceedings for a Divorce Confiftory Court of the Bishop of London, intituled, a Menfå et Thoro, and the Definitive Sentence in the Wellesley against Wellesley," which he faid he had examined with the Original; and that the fame was a true Copy. 66 And then he withdrew. ORDERED, That the faid Proceedings and Sentence do lie on the Table. Bill pre- Wellesley to attend. Then the faid Petition was prefented, and read. 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 The faid Bill was read the First Time. ORDERED, That the Right Honourable Henry Wel- The House being informed, "That Mr. Alexander He was called in; and, being fworn and examined, acquainted their Lordships, "That he received the faid "Writ of Error, fealed up, from the Lord Chief Baron "of the Court of Exchequer; and that it is now in the "fame Condition it was when he received it ;" and then delivered the fame at the Bar. He was directed to withdraw. In which Writ of Error, John Grier, George Johnston, and John Porteous, and John Mitchell is Defendant. The Lord Ellenborough, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Three Writs of Error; In the First of which, Luke Batten is Plaintiff, and William Johnson Defendant : In the Second, Luke Batten is Plaintiff, and Matthew Campbell and William Johnson are The Lord Steward reported, "That the Lords with King's An"White Staves had (according to Order) prefented to "His Majesty the Addrefs of this Houfe of Tuesday last; to which His Majefty was pleased to give the following "moft Gracious Answer:" ORDERED, That the faid Addrefs, together with His 'Majefty's moft Gracious Answer thereto, be forthwith printed and published. Papers re The Order of the Day being read for the Lords to be Campaign in fummoned ; Portugal and Spain, MoIt was moved, "That an humble Addrefs be prefented tions for Ad"to His Majefty, That He will be graciously pleafed to dreffes for "direct, that there be laid before this Houfe, Copies fpecting, of all Instructions given to Lord Viscount Wellington, negatived. "for the Conduct of the Campaign in Portugal and Spain." Which being objected to; The Question was put thereupon? It was refolved in the Negative. Which being objected to; It was refolved in the Negative. Then it was moved, "That an humble Addrefs be "prefented to His Majefty, That He will be graciously "pleased to direct, that there be laid before this House, "Copies of all Dispatches from Lord Viscount Wellington, "dated Talavera, August 1ft, 1809." H Sentence of Which being objected to; The Question was put thereupon? It was refolved in the Negative. Then it was moved, "That an humble Addrefs bet "prefented to His Majefty, That He will be graciously "pleased to direct, that there be laid before this Houfe, "Copy of a Letter from Lord Wellington to Marshal Beresford, 17th July." Which being objected to; The Question was put thereupon? It was refolved in the Negative. Then it was moved, "That an humble Addrefs be prefented to His Majefty, That He will be graciously "pleased to direct, that there be laid before this Houfe, "Copy of a Letter from Lord Wellington to General "O'Donaghue, to fend Troops to Puefta da Barcos." Which being objected to; The Question was put thereupon? It was refolved in the Negative. Copy of General O'Donoghue's Letter, announcing "General Cuefta's Intention of leaving Talavera." 66 Which being objected to; The Question was put thereupon? It was refolved in the Negative. Then it was moved, "That an humble Addrefs be prefented to His Majefty, That He will be gracioufly pleafed to direct, that there be laid before this Houfe, "Copies of Two Letters from Lord Wellington, 21st Auguft from Truxillo." Which being objected to; The Question was put thereupon? It was refolved in the Negative. Then it was moved, "That an humble Addrefs be prefented to His Majefty, That He will be gracioufly "pleafed to direct, that there be laid before this Houfe, "Copy of a Letter from Lord Wellington to the Spanish "Government, complaining of Want of Provifions, re"ferred to in the Letter aforefaid." Which being objected to; The Question was put thereupon? It was moved, "That an humble Address be pre"fented to His Majefty to requeft, That His Majefty "will be graciously pleased to order, that there be laid "before this Houfe, the Minutes of the Court Martial "held upon Lord Gambier, in confequence of the In"formation given to this House in the laft Seffion of "Parliament, That the Commiffioners for executing "the Office of Lord High Admiral having judged it ex"pedient that the Lord Gambier, Admiral of the Blue "Squadron of His Majefty's Fleet, fhould be tried by a "Court Martial, to be held at Portsmouth on Monday "the 19th Day of June 1809, for enquiring into his "Conduct as Commander in Chief of the Channel Fleet "employed in Bafque Roads, between the 17th Day "of March and the 29th Day of April 1809." Then an Amendment was proposed to be made to the The Question was put, "Whether ("Minutes") It was refolved in the Affirmative. ORDERED, That an humble Addrefs be prefented to upon Lord Gambier, in confequence of the Informa"tion given to this Houfe in the laft Seffion of Parlia"ment, That the Commiffioners for executing the Of"fice of Lord High Admiral having judged in expe"dient that the Lord Gambier, Admiral of the Blue "Squadron of His Majefty's Fleet, fhould be tried by a "Court Martial, to be held at Portsmouth on Monday "the 19th Day of June 1809, for enquiring into his "Conduct as Commander in Chief of the Channel Fleet employed in Bafque Roads between the 17th Day of ORDERED, That the faid Address be prefented to His ORDERED, That all the Lords be fummoned to attend Lords fum the Service of the Houfe To-morrow. ORDERED, That all the Lords be fummoned to attend the Service of the Houfe on Monday next. ORDERED, That all the Lords be fummoned to attend the Service of the Houfe on Thursday next. moned. Ds. Eldon, Cancel- Comes Camden, Dux Somerset. March. Lansdowne. March. Stafford. Primariorum Secre Ds. De Clifford. Ds. Foley. Ds. Walfingham. Ds. Eliot. |