House of Lords Journal Volume 38: February 1790 1-10

February 1790 1-10

DIE Martis, 2^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to Bp. Carlisle for his Sermon.

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

Corn, Papers respecting, delivered.

The Duke of Leeds (by His Majesty's Command) laid before the House,

No. 1. "Copy of His Majesty's Order in Council prohibiting the Exportation of Wheat, Wheat Flour, Rye, Rye Meal, Barley, Barley Meal, Malt, Bread, Biscuit, Oats, Oat Meal, and Beans, until further Order; and allowing the Importation of certain Articles of Foreign Grain, upon the Low Duties, dated 23d December 1789."

2. "Copy, Order in Council, for allowing the Reexportation of Foreign Corn and Grain, Flour and Meal, which is or shall be warehoused; and also the Exportation of Foreign and British Corn, Grain, &c. entered for Exportation before the issuing or Receipt of His Majesty's Order in Council of the 23d of December 1789, under the Regulations and Restrictions therein mentioned, &c.; dated 2d January 1790."

3. "Copy, Order in Council, for allowing the Exportation of Malt, declared or made for Exportation on or before the 28th of December 1789; dated 8th January 1790;" together with a List thereof; which being read by the Clerk:

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

The Duke of Leeds also (by His Majesty's Command) laid before the House,

No. 1. "Copy, Order of His Majesty in Council, allowing an additional Quantity of Grain and Flour, not exceeding 750 Quarters, to be exported from the Port of Southampton to the Island of Jersey, for the Use of the Inhabitants, and of His Majesty's Troops stationed there, up to the 25th of December 1789; dated 11th November 1789."

2. "Copy Order of His Majesty in Council, allowing an additional Quantity of 300 Sacks of Flour to be exported from the Port of Sonthampton to the Island of Guernsey, for the Use of the Inhabitants, and of His Majesty's Troops stationed there, up to the 25th of December 1789; dated 18th November 1789;" together with a List thereof; which being read by the Clerk:

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

The Duke of Leeds also (by His Majesty's Command) laid before the House,

"An Account of the Average Prices of Corn and Grain in London, Counties Inland, Counties on the Coast, and North and South Wales, for 10 Weeks, ended 9th January 1790, as ascertained in pursuance of the Statute of the 10th Geo. 3d. Chap. 39."

And the Title thereof being read by the Clerk:

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

Rybot for a Divorce Bill:

Upon reading the Petition of Francis Thomas Rybot, of Cheapside, London, praying Leave to bring in a Bill to dissolve his Marriage with Alicia Fowler his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Bill presented.

Accordingly, the Lord Cathcart presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Francis Thomas Rybot with Alicia Fowler his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Wednesday the 17th Day of this Instant February, and that Notice thereof be affixed on the Doors of this House; and the Lords summoned; and that the said Francis Thomas Rybot may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Alicia Fowler may have a Copy of the Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel, what she may have to offer against the said Bill at the same Time.

E. Abergavenny's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Henry Nevill Earl of Abergavenny, 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 Mr. Baron Hotham and Mr. Justice Wilson, 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.

Crossley against Sir R. Arkwright:

Upon reading the Petition of George Crossley, Plaintiff in a Writ of Error depending in this House, wherein Sir Richard Arkwright is Defendant; setting forth, "That the Petitioner brought a Writ of Error returnable before their Lordships, which was brought up into this House on the 23d Day of July last, together with the Record thereof, whereupon the Petitioner assigned certain Matters for Error, to which Errors the said Defendant rejoined, and the same now stands appointed for hearing; that the Petitioner is advised to withdraw his said Assignment of Errors, and doth not intend further to prosecute his said Writ;" 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 their Lordships shall please to direct, the Agent for the said Defendant having signed the said Petition as consenting thereto:"

Writ of Error non-pros'd with Costs.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Assignment of Errors, as desired; and that the Defendant in Error do forthwith enter a Nonpros 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 Defendant in Error, the Sum of Forty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Mackreth against Fox et al.

Upon reading the Petition and Appeal of Robert Mackreth; complaining of a Decree of the Master of the Rolls of the 19th of July 1786, and also of a Decree of the Court of Chancery of the 11th of December 1788, affirming the said Decree made in Two certain Causes, in the First of which James Fox was Plaintiff, and Robert Mackreth, John Dawes, and John Baynes Garforth were Defendants, and in the last William Morton Pitt, Henry Hoare, James Farrer, and the said James Fox were Plaintiffs, and the said Robert Mackreth, John Dawes, John Baynes Garforth, and Oliver Farrer, by supplemental Bill, were Defendants; and praying, "That the said Decrees 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 think fit; and that the said James Fox, William Morton Pitt, Henry Hoare, and James Farrer, may be required to answer the said Appeal:"

It is Ordered, That the said James Fox, William Morton Pitt, Henry Hoare, and James Farrer, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Tuesday the 16th Day of this Instant February.

Rocheid against Sir D. Kinloch et al.

Upon reading the Petition of James Rocheid Esquire, Appellant in a Cause depending in this House, and of Sir David Kinloch Baronet and others, Respondents thereto, which stands appointed for hearing; setting forth, "That this Cause involving Matter peculiar to the Law of Scotland, it is the Wish and Meaning of the Parties, that Counsel from that Part of the Kingdom should attend their Lordships at the Hearing, which cannot be accomplished without great Inconvenience and Expence, till the Vacation of the Court of Session in March;" and therefore praying, "That their Lordships will be pleased to appoint this Cause to be heard on Monday the 15th Day of March next, or such other Day as their Lordships may think proper:"

It is Ordered, That the Hearing of the said Cause be put off to Monday the 15th Day of March next, as desired.

Magistrates of Edinburgh against Erskine et al.

A Petition of the Lord Provost, Magistrates, and Town Council of the City of Edinburgh, Appellants in a Cause depending in this House, and of the Honourable Henry Erskine and other Members of the College of Justice in Scotland, Respondents thereto, which stands appointed for hearing, was presented and read; setting forth, "That as this Cause is to settle certain Matters in Dispute between the City of Edinburgh, and the Members of the College of Justice, of great Consequence to both, and depends on the Construction of various Laws and on Customs peculiar to Scotland, the Parties think it necessary that Counsel from that Part of the Kingdom should attend their Lordships at the Hearing, which cannot be accomplished without great Inconvenience and Expence, till the Vacation of the Court of Session in March;" and therefore praying, "That their Lordships will be pleased to appoint this Cause to be heard on Wednesday the 17th Day of March next, or on such other Day as their Lordships may think most proper."

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

Ordered, That the Hearing of the said Cause be put off to Wednesday the 17th Day of March next, as desired.

Causes put off.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein the King is Plaintiff, and Thomas Amery Defendant, which stands appointed for To-morrow, be put off to Friday next; and that the Judges do then attend; and that the rest of the Causes be removed in Course.

Appeals, Time for presenting, extended.

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.

Adjourn.

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

DIE Veneris, 5^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arbuthnott against Smart.

The Answer of Robert Smart, Merchant in Marykirk, to the Appeal of the Honourable John Arbuthnott, was this Day brought in.

The King against Amery, in Error.

The Order of the Day being read for hearing Counsel to argue the Errors, assigned upon the Writ of Error, wherein the King is Plaintiff, and Thomas Amery Defendant, brought in Order to reverse a Judgement given in the Court of King's Bench for the said Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the First Counsel for the Plaintiff having been in Part heard.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to Tuesday next, and that the Counsel be called in at One o'Clock; and that the Judges do then attend.

Moved, "That the Order made on Saturday last, for the House to proceed further in the Trial of Warren Hastings Esquire, on Monday next, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Hastings Trial deferred:

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Tuesday the 16th Day of this Instant February, at Ten o'Clock, in Westminster Hall.

Message to H. C. to acquaint them therewith.

A Message was sent to the House of Commons, by Mr. Leeds and Mr. Pepys, to acquaint them therewith.

Fraser against His Majesty's Advocate.

Upon reading the Petition of the Honourable Archibald Fraser, Appellant in a Cause depending in this House, and of His Majesty's Advocate for Scotland, Respondent thereto: setting forth, "That the Petitioners are desirous that the Hearing of this Cause may be put off till next Session;" and therefore praying, "That their Lordships will adjourn this Cause till next Session of Parliament:"

It is Ordered, That the Hearing of the said Cause be put off to the next Session of Parliament, as desired.

Hill against Sewell et al.

Upon reading the Petition and Appeal of Joseph Hill, One of the Sworn Clerks of His Majesty's High Court of Chancery, complaining of Two Orders of the said Court, of the 3d of July 1788, and 16th of January 1789; and praying, "That the same may be rescinded, 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 William Luther Sewell, John Kipling, Samuel Reynardson, Christian Zincke, Nehemiah Winter, and Walden Henry Hanmer Esquires may be required to answer the said Appeal:"

It is Ordered, That the said William Luther Sewell 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 Friday the 19th Day of this Instant February; and Service of this Order upon the Clerk in Court of the said Respondents in the said Court of Chancery, shall be deemed good Service.

Gibson and Johnson against Minet and Fector, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors, assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Hughes Minet and James Peter Fector Defendants:"

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

Reports on Private Bills, Limitation of.

Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this House for Private Bills, after Tuesday the 20th Day of April next.

Newnham and Co. against Steuart.

Upon reading the Petition and Appeal of Messieurs Newnham, Everett, and Company, of London, Bankers, and their Attornies, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 24th of January and 16th of June 1789, finding the Infestment for Security in Question not available for any Sums paid or Obligations undertaken posterior to the 4th of February 1788; and also of an Interlocutor of the Lords of Session there, of the 14th of November 1789; and praying, "That the same may be reversed, varied, or amended, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem proper; and that David Steuart, Banker in Edinburgh, Trustee for the Creditors of James Stein, may be required to answer the said Appeal:"

It is Ordered, That the said David Steuart may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Friday the 5th Day of March next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Rutherford against Caverhill et al.:

Upon reading the Petition and Appeal of Mrs. Helen Rutherford, the Widow of William Scott, late Merchant in Newcastle; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of December 1788 and 17th of November 1789; and praying, "That the same may be reversed, altered, or amended, 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 Jerdon Caverhill (stiling himself Archibald Jerdon), Son of Jean Jerdon, her Uncle's Bastard Daughter, and other Parties in the Cause, may be required to answer the said Appeal:"

It is Ordered, That the said Jerdon Caverhill and others may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Friday the 5th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents 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 Mrs. Helen Rutherford, on Account of her Appeal depending in this House, she residing in Scotland:"

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

Sir J Riddell against Grosset:

Upon reading the Petition and Appeal of Sir James Riddell of Ardnamurchan and Sunart Baronet, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th of December 1789 and 27th of January 1790; and praying, "That the same may be reversed, varied, or amended, 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 James Grosset, late of Moredon, in the County of Surry, may be required to answer the said Appeal:"

It is Ordered, That the said James Grosset may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Friday the 5th Day of March next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents 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 Sir James Riddell Baronet, 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.

De La Motte against Jardine.

Upon reading the Petition and Appeal of Mrs. Magdalene Barbarie de la Motte, Spouse of Captain William Jardine of Applegirth, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 14th and 28th of June 1788, and also of an Interlocutor of the Lords of Session there of the 29th of November 1788; and praying, "That the same may be reversed, varied, or amended, 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 Captain William Jardine may be required to answer the said Appeal:"

It is Ordered, That the said Captain William Jardine may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Friday the 5th Day of March next; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Charge against Doe, in Error.

The Lord Kenyon, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein
George Charge is Plaintiff,
and
John Doe Defendant.

His Majesty's Advocate against Milne, in Error.

Upon reading the Petition of the Advocate General of Scotland, Plaintiff in a Writ of Error depending in this House, wherein John Milne is Defendant; setting forth, "That this Cause came on to be heard ex-parte in the last Session of Parliament, when their Lordships were pleased to put off the further Hearing to the present Session; that as no Appearance has yet been made for the Defendant, and as the Plaintiff is detained in Scotland," the Petitioner humbly prays their Lordships, To put off the Hearing of this Cause to Monday the 22d Day of March next, or such other Day in the present Session, as to their Lordships shall seem proper:"

It is Ordered, That the further Hearing of the said Cause be put off to Monday the 22d Day of March next, as desired.

Armstrong against His Majesty's Advocate.

Upon reading the Petition of David Armstrong, Appellant in a Cause depending in this House, and of His Majesty's Advocate for Scotland Respondent thereto; setting forth, "That the Petitioners are desirous that the Hearing of this Cause may be put off till next Session;" and therefore praying, "That their Lordships will adjourn this Cause till next Session of Parliament:"

It is Ordered, That the Hearing of the said Cause be put off to the next Session of Parliament, as desired.

Stevenson against Black et al.:

Upon reading the Petition of George Stevenson, Appellant in a Cause depending in this House, to which James Black and others are Respondents; setting forth, "That the Petitioner is advised to withdraw the Appeal in this Cause;" and therefore praying, "That their Lordships will allow the said Appeal to be withdrawn, the Appellant paying to the Respondents Fifteen Guineas for their Costs; the Agents for the said Respondents having signed the said Petition as consenting thereto:"

Appeal withdrawn with Costs.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal as desired, upon Payment of Fifteen Guineas Costs to the Respondents.

Arbuthnott against Smart.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein the Honourable John Arbuthnott is Appellant, and Robert Smart, Merchant in Marykirk, is Respondent:"

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.

Hastings' Trial, Witnesses to attend.

Ordered, That George Dallas Esquire and Lieutenant David Birrell do attend on Tuesday the 16th Day of this Instant February, at Ten of the Clock in the Forenoon, to give Evidence at the Trial of Warren Hastings Esquire, in Westminster Hall.

Rutherford against Jerdon et al.

The Answer of Archibald Jerdon of Bonjedward (formerly Jerdon Caverhill) and others, to the Appeal of Mrs. Helen Rutherford, otherwise Scott, the Widow of William Scott, late Merchant in Newcastle, was this Day brought in.

Adjourn.

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

DIE Martis, 9^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The King against Amery, in Error.

The Order of the Day being read for the further hearing of Counsel to argue the Errors, assigned upon the Writ of Error, wherein the King is Plaintiff and Thomas Amery Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the first Counsel for the Plaintiff having been fully heard:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to Thursday next, and that the Judges do then attend.

Customs, Excise, &c. Accounts of Duties, delivered.

The House being informed, "That Mr. Speer, from the Treasury, attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account of the total Produce of the Duties of Customs, Excise, Stamps, and Incidents respectively, for One Year, ended the 5th Day of January 1790, distinguishing (as far as possible) in each Branch the Produce on every separate Article, the Duties on which have amounted to One thousand Pounds or more, in the Four Quarters of the said Year."

"An Account of the total Net Produce paid into the Exchequer of the Duties of Customs of Great Britain, distinguishing as far as possible the Produce on every separate Article, the Duties on which shall have amounted to £.1,000 or more, between the 5th January 1789, and the 5th of January 1790."

"An Account of the Total Net Produce (paid into the Exchequer) of the Duties of Excise, distinguishing as far as possible the Produce on every separate Article, the Duty on which has amounted to £.1,000 or more, between the 5th January 1789, and the 5th January 1790."

"An Account of the Total Net Produce paid into the Exchequer of the Duties arising from the Stamp Revenue, that have amounted to £.1,000 or more, in the Four Quarters next preceding the 5th of January last."

"An Account of the Total Net Produce of the Duties under the Head of Incidents, distinguishing (as far as possible) in each Branch the Produce on every separate Article, the Duties on which shall have amounted to £.1,000 or more, in the Four Quarters next preceding the 5th January last."

No. 1. "An Accompt of all Additions which have been made to the Annual Charge of the Public Debt, by the Interest or Annuities for or on account of any Loan which hath been made subsequent to the passing of an Act of the 27th Year of the Reign of His present Majesty, intituled, "An Act for repealing the several Duties of Customs and Excise, and granting other Duties in lieu thereof, and for applying the said Duties, together with the other Duties composing the Public Revenue; for permitting the Importation of certain Goods, Wares, and Merchandize, the Produce or Manufacture of the European Dominions of the French King into this Kingdom; and for applying certain unclaimed Monies remaining in the Exchequer for the Payment of Annuities on Lives, to the Reduction of the National Debt."

2. "An Accompt of the Produce of the Duties imposed for the Purpose of defraying the encreased Charge occasioned by the Loans, made in pursuance of an Act of the 29th Year of the Reign of His present Majesty, intituled, "An Act for raising a certain Sum of Money by Way of Annuities;" and of one other Act of the same Session, intituled, "An Act for raising a certain Sum of Money by Way of Annuities, to be attended with the Benefit of Survivorship in Classes," from the respective Days (within the Year next preceding the Date hereof), from which the Duties commenced to the 5th of January 1790, made up pursuant to an Act of the 27th Year of the Reign of His present Majesty, intituled, "An Act for repealing the several Duties of Customs and Excise, and granting other Duties in lieu thereof, and for applying the said Duties, together with the other Duties composing the Public Revenue; for permitting the Importation of certain Goods, Wares, and Merchandize, the Produce or Manufacture of the European Dominions of the French King into this Kingdom; and for applying certain unclaimed Monies remaining in the Exchequer for the Payment of Annuities on Lives, to the Reduction of the National Debt."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Grosset against Sir J. Riddell.

Upon reading the Petition and Cross Appeal of James Grosset, late of Moredon, in the County of Surrey, thereafter at Mains, in the Stewartry of Kirkcudbright, and now of Barnstaple, in the County of Devon, and James Grosset Junior, his Eldest Son; complaining of Two Interlocutors of the Lords of Session in Scotland of the 17th of December 1789, and 27th of January 1790, in so far as they assoilzie Sir James Riddell from the Process of Reduction, and find that the Petitioner James Grosset is not intitled to any Abatement of the stipulated Rents for the Three Years, during which he possessed the Farm in Question, and assoilzie Sir James Riddell from that Claim, and also, in so far as they do not find the Petitioners, entitled to Damages and Expences of Process, as concluded for by them; and praying, "That the same may be reversed, varied, or altered, in so far as 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 Sir James Riddell, of Ardnamarchan and Sunart, Baronet, may be required to answer the said Appeal:"

It is Ordered, That the said Sir James Riddell may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 9th Day of March next; and Service of this Order upon the said Respondent, or upon any of his known Council or Agents in the Court of Session in Scotland, shall be deemed good Service.

East Indies, List of Offices, delivered.

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

He was called in, and delivered at the Bar, pursuant to an Act of the 24th Year of His present Majesty,

"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.

Sir W. Chambers examined relative to the State of Westminster Hall:

Sir William Chambers was called in, and being examined, touching the State of Westminster Hall, and whether the House might safely proceed therein upon the Trial of Warren Hastings Esquire, on Tuesday next, acquainted the House, "That the same was at present damp, but that by the Assistance of Brasiers, and leaving the Windows open to air the same, it might be made safe for the House to proceed upon the Trial on Tuesday next."

The Hall to be aired.

Ordered, That the Deputy Great Chamberlain do take Care that a sufficient Number of Brasiers be forthwith put in Westminster Hall, in order that the same may be well aired, for the Reception of this House on Tuesday the 16th Day of this Instant February.

National Debt, Account of, delivered.

The House being informed, "That Mr. Newland, from the Bank of England, attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account from the Bank of England of the Receipt and Expenditure of £.1,197,155 6s. 3d. in One Year, from February 2d 1789, to January 31st 1790, by the Commissioners for the Reduction of the National Debt, and of the Receipt of £.295,015 to be applied in the Quarter, between the 1st February and 1st May 1790."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Davidson against Sir W. Dunbar et al.

Upon reading the Petition and Appeal of John Davidson, Land Waiter at Thurso, in the County of Caithness; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of January and 5th of February 1790; and praying, "That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem proper; and that Sir William Dunbar of Hemprigs, John Campbell Sutherland of Forse, and William Innes of Sandside, may be required to answer the said Appeal:"

It is Ordered, That the said Sir William Dunbar, John Campbell, and William Innes, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Tuesday the 9th Day of March next; and Service of this Order upon the said Respondents, or upon their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Adjourn.

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

DIE Mercurii, 10^o Februarii 1790.

Domini tam Spirituales quam Temporales paæsentes fuerunt:

PRAYERS.

Rutherford against Jerdon et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Mrs. Helen Rutherford, otherwise Scott, is Appellant, and Archibald Jerdon and others 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.

Koops for a Naturalization Bill:

Upon reading the Petition of Matthias Koops Esquire, 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 said Petition.

Bill presented.

Accordingly, The Lord Cathcart presented to the House a Bill, intituled, "An Act for naturalizing Matthias Koops."

The said Bill was read the First Time.

Corn Indemnity Bill.

A Message was brought from the House of Commons, by the Marquis of Graham and others:

With a Bill, intituled, "An Act for indemnifying all Persons who have been concerned in advising or carrying into Execution certain Orders of Council respecting the Importation and Exportation of Corn and Grain, and also certain Orders issued by the Governor General of His Majesty's Colonies in America; and for preventing Suits in consequence of the same; and for making further Provisions relative thereto;" to which they desire the Concurrence of this House.

Schusler's Naturalization Bill.

A Message was brought from the House of Commons, by Mr. Hobart and others:

With a Bill, intituled, "An Act for naturalizing Gottlob Gotthelff Schusler;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Adjourn.

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