House of Lords Journal Volume 37: February 1785 1-10

February 1785 1-10

DIE Jovis, 3^o Februarii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gammill against Wright.

The Answer of George Wright of New York, Merchant, to the Appeal of James Gammill, Merchant in Greenock, was this Day brought in.

Thanks to Bp. Bristol for his Sermon.

Ordered, That the Thanks of this House be and are hereby given to the Lord Bishop of Bristol, for the Sermon by him preached before this House on Monday last, in the Abbey Church Westminster; and that he be desired to cause the same to be forthwith printed and published.

East India Goods &c. Accounts delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

They were called in, and delivered at the Bar, pursuant to the several Acts of Parliament, the Return of the said Commissioners, with the following Accounts; (videlicet)

1. "An Account of prohibited East India Goods imported into St. Helen's, and private Trade Warehouse in the Port of London, from Michaelmas 1783 to Michaelmas 1784, what delivered out for Exportation during that Period, and what remained in the said Warehouse at Michaelmas 1784."

2. "An Account of prohibited East India Goods imported into Leadenhall Warehouse, in the Port of London, from Michaelmas 1783 to Michaelmas 1784, also, what exported during that Time, and what remained in the said Warehouse at Michaelmas 1784."

3. "An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1783, what have been since brought in, what exported, as also what remained at Michaelmas 1784."

4. "An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1783, what have been since brought in, what exported, as also, what remained at Michaelmas 1784."

5. "An Account of prohibited East India Goods, which have been delivered out of the Warehouses at St. Helen's, Leadenhall, Billiter Lane, and the Custom House, in the Port of London, since Michaelmas 1783, in order to be dyed, glazed, and refreshed, what have been since returned, and what remained out at Michaelmas 1784."

6. "An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1783 to Michaelmas 1784."

7. "An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports, from Michaelmas 1783 to Michaelmas 1784."

8. "An Account of the Number of Ships which have been employed in the Whale Fishery, to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port in Great Britain they were discharged, and also, what Quantity of Oil or Whale Fins each Ship has imported in the Year 1784."

And then they withdrew.

And the Titles thereof being read by the Clerk;

Ordered, That the said Accounts do lie on the Table.

Newnham's Petition referred to the Judges.

Upon reading the Petition of John Newnham of Maresfield, in the County of Sussex, Esquire, praying Leave to bring in a Bill for the several Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Ashhurst, who are forthwith to summon all Parties concerned in the Bill; and after hearing them are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition, and also that the Judges, having perused the Bill, do sign the same.

Morgan against Jones et al.

Upon reading the Petition and Appeal of Charles Morgan Esquire, complaining of an Order of the Court of Chancery of the 4th of February 1783, also of certain Parts of Two Orders of the said Court, of the 30th of April 1783, and 14th of May 1784; and also of another Order of the said Court of the 4th of August 1784, made in a certain Cause, wherein the said Charles Morgan was Plaintiff, and Lady Rachael Morgan Widow, deceased, William Jones Esquire, and Elizabeth his Wife, George Augustus Cavendish Esquire, (commonly called Lord George Augustus Cavendish,) Frederick Cavendish Esquire, (commonly called Lord Frederick Cavendish,) and John Cavendish Esquire, (commonly called Lord John Cavendish,) were Defendants; and praying, "That the same may be reversed, or varied, or that the Appellant may have such other Relief in the Premises, as to this House in their Lordships' great Wisdom shall seem meet; and that the said William Jones Esquire, and Elizabeth his Wife, and the said several other Defendants, may be required to answer the said Appeal:"

It is Ordered, That the said William Jones Esquire, and Elizabeth his Wife, and the said several other Defendants, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto in Writing, on or before Thursday the 17th Day of this instant February; and Service of this Order upon the said Defendant's Clerks in Court, in the said Court of Chancery, shall be deemed good Service.

Causes put off.

Ordered, That the further Consideration of the Cause, wherein the Honourable Andrew Foley, and Thomas Foley are Appellants, and John Grant and others are Respondents, and for the Judges to deliver their Opinions upon the Question of Law, put to them in the last Session of Parliament, which stands appointed for To-morrow, be put off to Monday next; and that the rest of the Causes be removed in Course.

M^cInnes against More.

Upon reading the Petition of Janet M^cInnes, Appellant in a Cause depending in this House, to which Alexander More is Respondent, setting forth, "That the Petitioner is advised the Interlocutors of the 11th of September, and 18th of November 1782, in this Cause ought to be more fully recited than the same appear in her Appeal;" and therefore praying their Lordships, That she may be at Liberty to amend her said Appeal, by adding the aforesaid Interlocutors, she amending the Respondent's Copy:"

It is Ordered, That the Petitioner be at Liberty to amend her said Appeal, by adding the said Interlocutors as desired, she amending the Respondent's Copy.

Bristow against Groube and Roberts:

Upon reading the Petition of John Bristow, Plaintiff in a Writ of Error depending in this House, wherein Samuel Groube and Abraham Roberts are Defendants, setting forth, "That the Plaintiff hath been advised to withdraw his Assignment of Errors, and not to prosecute his said Writ of Error any further;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet, the Agent for the said Defendants having signed the said Petition as consenting thereto:"

Write of Error nonpros'd with Costs.

It is Ordered, That the Petitioner do withdraw his said Assignment of Errors; and that the Defendants in Error do forthwith enter a Non-pros. on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further that the Plaintiff in Error do pay, or cause to be paid to the Defendants in Error, the Sum of Forty Pounds, for their Costs, by reason of the Delay of the Execution of the said Judgement.

Lord King's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Peter Lord King, in Behalf of himself, and of the Honourable Peter King his eldest Son, and the Honourable William King and George King, his Two only younger Sons, all Infants; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Ashurst, who are forthwith to summon all Parties concerned in the Bill, and after hearing them are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition, and also that the Judges, having perused the Bill, do sign the same.

Inglis against M^cGhie.

The House being informed, "That John M^cGhie One of the Respondents, to the Appeal of Lawrence Inglis Writer in Edinburgh, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of John Mason, Writer in Edinburgh, of the due Service of the said Order being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily in a Week.

Stewart and Co. against Dunlop et al.

Upon reading the Petition of John Stewart and Company, Appellants in a Cause depending in this House, and of John Dunlop and others Respondents thereto, setting forth, "That the Counsel on both Sides in this Cause before the Court of Session in Scotland, propose being here in March next, and have been instructed to argue the same at their Lordships' Bar; that as the Matter at Issue is the Right to a Sum of Money, in which no other Persons are interested but the Petitioners themselves, or can be injured by a Delay, they humbly hope and pray, that their Lordships will postpone the Hearing of this Cause till Monday the 21st Day of March next:"

It is Ordered, That the Hearing of the said Cause be put off to Monday the 21st Day of March next, as desired.

Johnstone against Allan.

Upon reading the Petition of William Johnstone, Writer to the Signet, Appellant in a Cause depending in this House, to which Alexander Allan is Respondent, setting forth, "That in July last the Petitioner exhibited his Petition of Appeal to their Lordships from Two Interlocutors of the Court of Session in Scotland, one of which is by Mistake stated to be of the 22d of June last, though the same ought to have been the 23d Day of the said Month of June;" and therefore praying their Lordships, "That he may be at Liberty to amend his said Appeal, by altering the above-mentioned Date from the 22d to the 23d of June last, he amending the Respondent's Copy:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by altering the above-mentioned Date, as desired, he amending the Respondent's Copy.

E. Inchiquin against Fitzmaurices.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein the Right Honourable Morough O'Brien Earl of Inchiquin, in the Kingdom of Ireland, is Appellant, and Thomas Fitzmaurice Esquire, and Lady Mary his Wife, and John Hamilton Fitzmaurice, are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 7^o Februarii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Shaftesbury takes his Seat:

This Day Anthony Earl of Shaftesbury sat first in Parliament after the Death of his Father, Anthony Earl of Shaftesbury; his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

E. Dartmouth takes the Oaths.

This Day William Earl of Dartmouth took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House being informed, "That Mr. Morton, from the East India Company, attended:"

East Indies, List of Offices, &c. in, delivered.

He was called in, and delived at the Bar, pursuant to an Act in the last Session of Parliament,

"A List of all Offices, Places, and Employments, in the Civil and Military Establishments of the United East India Company in the East Indies, with the Salaries or Pay and Emoluments belonging thereto, or allowed or paid by the said Company, in Respect thereof."

And then he withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the said List do lie on the Table.

Foleys against Grant et al.

The Lord Chancellor acquainted the House, "That the Judges were not yet prepared to answer the Question of Law put to them in the last Session of Parliament, upon the Hearing of the Cause wherein the Honourable Andrew Foley and Thomas Foley are Appellants, and John Grant and others are Respondents, and desired further Time for that Purpose; and in regard the Judges were soon going on their respective Circuits."

Moved, "That the further Consideration of the said Cause, which stands appointed for this Day, be adjourned to Tuesday the 19th Day of April next; and that the Judges do then attend to deliver their Opinions upon the said Question."

The same was agreed to, and ordered accordingly.

Mercer against Mercer et al:

Upon reading the Petition and Appeal of Charles Mercer Esquire, of Lethindy, for himself, and also in Name and Behalf of the Representatives of John Duff, late his Servant, deceased, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 6th of July 1779, and also of Four Interlocutors of the Lords of Session there, of the 15th of June 1780, the 6th of December 1781, and 22d of January and 16th of February 1782; and praying, "That the same may be reversed, varied, or altered, in so far as the same are therein complained of, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that William Mercer of Aldie, David Kinlock of Gourdie, George Wright of Lawtoun, David Blair of Cronan, John Stewart of Stenton, John Halliburton of Muirtown, William Halliburton his Son, and John Smyth now of Baltarry, Son and Representative of James Smyth late of Baltarry, deceased, may be required to answer the said Appeal:"

It is Ordered, That the said William Mercer, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 7th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for Charles Mercer Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

Gordon and Paterson against Gordon et al.

Upon reading the Petition and Appeal of George Alexander Gordon, only Son of the deceased Charles Gordon, sometime Consul at Tunis, and Alexander Paterson, Writer in Edinburgh, his Tutor ad litem, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 17th of July, the first recited Interlocutor of the 30th of November and the 23d of December 1784; and praying, "That the same may be reversed, varied, altered, or amended, in so far as the same are therein complained of, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that Janet Gordon, George Alexander Gordon her Husband, and Magdalen Grant his Niece, may be required to answer the said Appeal:"

It is Ordered, That the said Janet Gordon, Alexander Gordon, and Magdalen Grant, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 7th Day of March next; and Service of this Order upon the said Respondents, or upon their Counsel, Agents, or Solicitors, in the Court of Session in Scotland, shall be deemed good Service.

Gardner et al. against Penmans:

Upon reading the Petition and Appeal of George Gardner, Surgeon in Calcutta, and his Factors, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 4th and 10th of August 1784; and praying, "That the same may be reversed, varied, or altered, in so far as the same are complained of by them, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that Hugh Penman, James Penman, and Rebecca Penman, may be required to answer the said Appeal:"

It is Ordered, That the said Hugh Penman, James Penman, and Rebecca Penman, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 7th Day of March next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Baillie to enter into Recognizance on said Appeal.

The House being moved, "That Menzies Baillie, of London, Merchant, may be permitted to enter into a Recognizance for George Gardner and others on account of their Appeal depending in this House, they residing Abroad:"

It is Ordered, That the said Menzies Baillie may enter into a Recognizance for the said Appellants, as desired.

Appeals, Time limited for presenting.

It being proposed, "To adjourn beyond the Time limited by their Lordships' Standing Order for presenting Appeals (being Fourteen Days from the first Day of every Session):"

It is Ordered, That all such Appeals as shall be left at the Parliament Office with the Clerk within the Time limited by the said Standing Order, during the Adjournment of the House, be read the next sitting Day of the House.

Judges' Reports, Time limited for receiving.

Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this House for Private Bills, after Wednesday the 6th Day of April next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 10^o Februarii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Hertford takes the Oaths.

This Day Francis Earl of Hertford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Middleton et al. against Wells et al:

Upon reading the Petition and Appeal of James Middleton, John Middleton, Dinah Stocker, and Barbara Darley, complaining of a Decree of the Court of Chancery of the 15th of July 1784, made in a certain Cause, wherein Richard Wells, John Uffington, and Nathaniel Crawford, Assignees of the Estate and Effects of John Forbes, a Bankrupt, the said John Forbes and Susannah his Wife, Christopher Lewis and Mary his Wife, and Catherine Wilcox Spinster, by original amended and supplemental Bills, were Plaintiffs, and the said James Middleton, John Middleton, Dinah Stocker, and Barbara Darley, Defendants; and praying, "That the same may be reversed, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that the said Richard Wells, John Uffington and Nathaniel Crawford, John Forbes and Susannah his Wife, Christopher Lewis and Mary his Wife, and Catherine Wilcox, may be required to answer the said Appeal:"

It is Ordered, That the said Richard Wells and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Thursday the 24th Day of this instant February; and that Service of this Order upon the Respondents' Clerk in Court, in the said Court of Chancery, shall be deemed good Service.

Tilbury to enter into Recognizance on said Appeal.

The House being moved, "That John Tilbury, of Princes Street, Hanover Square, Gentleman, may be permitted to enter into a Recognizance for James Middleton and others, on account of their Appeal depending in this House, they being in the Country:"

It is Ordered, That the said John Tilbury may enter into a Recognizance for the said Appellants, as desired.

Peers' Pedigrees referred to Committee.

Ordered, That the Pedigrees of George Grenville Nugent Marquis of Buckingham, William Marquis of Lansdown, Anthony Earl of Shaftesbury, George Earl Waldegrave, John Earl of Chatham, George Earl of Abergavenny, George Earl of Leicester, Henry Earl of Uxbridge, James Earl of Lonsdale, John Chetwynd Earl Talbot, Richard Earl Grosvenor, Thomas Viscount Hampden, George Viscount Mount Edgcumbe and Valletort, Aubrey Lord Vere, Henry Stawell Bilson Lord Stawell, William Hall Lord Gage, Henry Frederick Lord Carteret, Thomas Lord Grey de Wilton, Charles Lord Sommers, Noel Lord Berwick, and James Lord Sherborne, be referred to the Committee of Privileges.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday the 18th Day of this instant February.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.