House of Lords Journal Volume 39: December 1790 1-10

December 1790 1-10

DIE Mercurii, 1^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day George Marquis Townshend, James Earl of Lauderdale, John Earl of Breadalbane, and William Earl Fitzwilliam took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Wemyss against Sir A. Hope

The Answer of Sir Archibald Hope Baronet, to the Appeal of Francis Charteris Earl of Wemyss, was this Day brought in.

His Majesty to be attended with the Address.

The Lord Chamberlain reported, "That the Lords with white Staves had (according to Order) waited on His Majesty humbly to know what Time His Majesty would please to appoint to be attended with their Lordships' Address, and that His Majesty had appointed this Day at Three o'Clock at His Palace of St. James's."

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. Helens, and Private Trade Warehouses in the Port of London, from Michaelmas 1789 to Michaelmas 1790, what delivered out for Exportation during that Period, and what remained in the said Warehouses at Michaelmas 1790."

2. "An Account of prohibited East India Goods imported into Leadenhall Warehouse in the Port of London, from Michaelmas 1789 to Michaelmas 1790; also what exported during that Time, and what reremained in the said Warehouse at Michaelmas 1790."

3. "An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1789, what have been since brought in, what exported, as also what remained at Michaelmas 1790."

4. "An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1789, what have been since brought in, what exported, as also what remained at Michaelmas 1790."

5. "An Acccount 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 1789, in order to be dyed, glazed, and refreshed, what have been returned, and what remained out at Michaelmas 1790."

6. "An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1789 to Michaelmas 1790."

7. "An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports, from Michaelmas 1789 to Michaelmas 1790."

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 Names and Burthens from whence they were fitted out, and at what Port they were discharged, and also the Quantity of Blubber each Ship imported in the Year 1790."

And then they withdrew.

And the Titles thereof being read by the Clerk;

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

Election of Peers for Scotland, Limitation of Petitions respecting.

Ordered, That if any Lord shall think himself concerned to Petition this House in relation to the late Election of Peers for that Part of Great Britain called Scotland to sit in this House, such Lord hath hereby Time allowed him for so doing until the Twenty-second Day of this Instant December, and that no Petition be received after that Time.

Laird against Robertson & Co:

Upon reading the Petition and Appeal of John Laird, Merchant in Greenock, complaining of an Interlocutor of the Lord Ordinary in Scotland of the 2d of June, 1790, and also of an Interlocutor of the Lords of Session there of the 16th of November 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 Archibald and James Robertson and Company, Merchants in Greenock, may be required to answer the said Appeal:"

It is Ordered, That the said Archibald and James Robertson and Company, Merchants in Greenock, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 29th Day of this Instant December; 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.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Abingdon Street Westminster, Gentleman, may be permitted to enter into a Recognizance for John Laird, Merchant in Greenock, on account of his Appeal depending in this House, he living in Scotland:"

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

Silk against Wilson.

Upon reading the Petition of John Wilson, Defendant in a Writ of Error depending in this House, wherein Thomas Silk is Plaintiff, setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships' standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner 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 Judgment 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 Judgment.

Howell against Hodgson. et. al:

Upon reading the Petition of George Howell, Plaintiff in a Writ of Error depending in this House, wherein John Hodgson and others are Defendants, setting forth, "That the Petitioner hath, since filing his Assignment of Errors, been advised to withdraw the same, and not further to prosecute his said Writ of Error;" 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 Nonpros'd without Costs, the Agent for the said Defendants having signed the said Petition as consenting thereto:"

Writ of Error Nonpros'd.

It is Ordered, that the Petitioner be at Liberty to withdraw his said Assignment of Errors as desired, and that the Defendant 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 Judgment given by that Court, as if no such Writ of Error had been brought into this House.

Scott et al. against Graham.

Upon reading the Petition and Appeal of John Scott in Torduff Point, George Richardson in Westhills, Francis Scott in Wyllies, John Armstrong and John Finning in Brow, George Weild and John Rome in Redclose, John Birrel in Leehouses, George Wilson, Rachael Rome, Adam Gass and John Scott in Torduff, John Forsyth, John Rae and John Rae Junior in Stocks, Thomas Clark in Blatbog, and George Carruthers in Hellenbush, John Wyllie in Wyllies, Arthur and Peter Weilds in Hills, Edward Campbell in Hills, and George Rome in Torduff; complaining of two Interlocutors of the Lords of Session in Scotland, of the 2d and 22d of June 1790; and praying, "That the same may be reversed, varied or altered 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 James Graham in Hirst, may be required to answer the said Appeal:"

It is Ordered, That the said James Graham may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 29th Day of this Instant December; 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.

Election of Peers for Scotland, E. Selkirk and E. Hopetoun's Petition respecting.

Upon reading the Petition of Dunbar Earl of Selkirk, and James Earl of Hopetoun; setting forth, "That His Majesty was pleased to issue His Royal Proclamation under the Great Seal, bearing Date the 11th Day of June, in the Year 1790, commanding the Peers of Scotland to assemble at Holyrood House, in Edinburgh, on Saturday the 24th Day of July then next ensuing, to nominate and choose the sixteen Peers to sit and vote in the House of Peers, in the then ensuing and now present Parliament, by open Election and Plurality of Voices of the Peers that should be then present, and of the Proxies of such as should be absent; and the Lord Clerk Register, or such two of the principle Clerks of Session, as should be appointed by him to officiate in his Name, were thereby required to attend such Meeting, and to administer the Oaths required by Law to be taken there by the said Peers, and to take their Votes: That in Obedience to the said Proclamation, sundry of the Peers of Scotland assembled on the Day and at the Place so appointed, and sundry other Peers attended by their Proxies or sent Lists as allowed by Law, and the Petitioners and sundry other Peers were Candidates: That George Home and Robert Sinclair Esquires, two of the principal Clerks of Session appointed by the Lord Clerk Register to officiate in his Name, attended at the said Meeting as returning Officers, and have made their Return or Certificate: That the Earls of Eglintoun, Moray, Kelly, Lauderdale, Dumfries, Elgin, Balcarras, Breadalbane and Glasgow, the Lord Viscount Stormont, and Lords Cathcart, Elphinstone, and Torphichen, were duly elected to be Thirteen of the Sixteen Peers to sit and vote in the House of Peers, in the ensuing Parliament of Great Britain, and that the Votes for the Earls of Galloway, Selkirk, Stair, and Hopetoun, and for Lords Somerville and Napier were equal: That the pretended Equality of Votes, stated in the said Return and Certificate, as for the Petitioners and the Earls of Galloway and Stair, and the Lords Somerville and Napier was occasioned by Votes having been tendered at the said Election in the Name of Sir James Sinclair Baronet, as Earl of Caithness, by the Earl of Moray as his Proxy, and in the Name of Andrew Thomas Stewart Esquire Lord Castlestewart in the Kingdom of Ireland, as Lord Ochiltree, by Lord Somerville as his Proxy, and by these Votes being received by the returning Officers, whereas if these Votes had not been received, the Petitioners must have been returned as elected by a Plurality of Voices, as will appear by the Minutes of Election when the same are produced: That the Petitioners apprehend and are advised, that the Proxy and Votes of the said Sir James Sinclair Baronet, as Earl of Caithness ought not to have been received in respect that he is not in Possession of the said Title or Peerage, but recently before the said Election, did at a Meeting of the Freeholders of the County of Caithness, and in Proceedings before the Court of Session thereby occasioned, state himself to be a Commoner and disclaim the said Title of Earl of Caithness, till it should be adjudged to him in due Course of Law, and the said Sir James Sinclair's Claim to the said Title, was at the Time of the said Election, and is now in Dependance before their Lordships, upon a Petition presented by him to His Majesty, referred by His Majesty to their Lordships, and by their Lordships to the Committee of Privileges: That the Petitioners also apprehend and are advised that the Proxy and Votes of the said Andrew Thomas Lord Castlestewart, as Lord Ochiltree, ought not to have been received, in respect that he is not in Possession of the said Title or Peerage, which has been assumed by no Person for a long Tract of Time past, and his Votes tendered at an Election of the Scots Peers in the Year 1768 were accordingly rejected, and in respect that his Claim to the said Title was at the Time of the said last Election, and is still in Dependance before Their Lordships, upon a Petition presented by him to His Majesty, referred by His Majesty to their Lordships, and by their Lordships to the Committee of Privileges, That these Facts and the Objections thence arising to the Votes of the said Sir James Sinclair and Lord Castlestewart were stated to the said George Home and Robert Sinclair at the said Election, and before the Return was made, by Protests entered by several Peers, and the said George Home and Robert Sinclair were otherwise in the Knowledge of the said Facts, as will appear by the Protests and certain Answers made thereto annexed to the Minutes of Election: That the Petitioners apprehend that the said Sir James Sinclair, and Lord Castlestewart in tendering their Votes and the said George Home and Robert Sinclair in receiving and counting the same, under the Circumstances above stated, were guilty of a Breach of the Privileges of this House, and that the Return made so far as it is founded on the said Votes, is an undue Return, and ought to be amended by inserting the Names and Titles of the Petitioners as duly elected, or otherwise as the same would and ought to have been if the said Votes had not been tendered or had been disregarded;" and therefore praying, "That their Lordships will take the Premises into their Consideration, and allow them to be heard by their Counsel against the said Return, and upon the Breach of Privilege, and will thereupon direct the said Return to be amended or grant such other Relief to the Petitioners and the other Peers of Scotland in the Premises, as to Their Lordships in their great Wisdom shall seem most proper:"

It is Ordered, that the said Petition do lie on the Table.

Menzies against Menzies et al.

Upon reading the Petition of John Menzies Esquire, Appellant in a Cause depending in this House, to which Elizabeth Mackenzie Menzies and others are Respondents, setting forth; "That this Appeal is from two Interlocutors of the Court of Session in Scotland, of Date the 24th Day of June and 6th Day of December 1785, in so far as it was thereby found and declared by the Court, that James Menzies therein named, was not an Heir of Entail but a Disponee, but the Petitioner is now advised that the Appeal is defective, by not complaining of the Direction of the Court in the said Interlocutor of the 24th of June 1785, to the Lord Ordinary to proceed in the Cause accordingly, and is erroneus, as the Interlocutor of the 6th Day of December 1785, does not contain the finding or Declaration of the Court, but adheres simpliciter to the former Interlocutor: That the Petitioner is desirous to amend his said Appeal in these Particulars;" and therefore praying, "That their Lordships will be pleased to order that he may have Leave to amend his said Appeal by striking out after the Word June" the Words "and 6th of December" and by erasing the Words "they find" and in Place thereof inserting "it is thereby found" and after the Word and Figures "December 1773" inserting the Words following, "and it is remitted to the Lord Ordinary to proceed accordingly, and by the said Interlocutor of the 6th of December 1785, adhering to the former Interlocutor, and refusing the Desire of the Appellant's Petition" the Petitioner being willing to amend the Respondent's Copy of the Appeal accordingly:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal in the said several Particulars as desired, he amending the Respondent's Copy.

Fraser against His Majesty's Advocate.

Upon reading the Petition of Archibald Fraser of Lovat Esquire, Appellant in a Cause depending in this House, and of His Majesty's Advocate Respondent thereto, setting forth; "That both Parties are desirous that the Hearing of this Cause should be postponed to the next Session of Parliament;" and therefore praying Their Lordships, "That the Hearing of the said Cause may be adjourned to the next Session of Parliament:"

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

Armstrong against His Majesty's Advocate.

Upon reading the Petition of David Armstrong Esquire, Appellant in a Cause depending in this House, and of His Majesty's Advocate Respondent thereto, setting forth; "That both Parties are desirous that the Hearing of this Cause should be adjourned;" and therefore praying Their Lordships, "That the Hearing of the said Cause may be adjourned 'till after all the Causes appointed:"

It is Ordered, That the said Petition do lie on the Table.

The King against Amery, in Error. Eddowes Petition to amend Judgment.

Upon reading the Petition of Ralph Eddowes of the City of Chester Merchant, setting forth; "That a Writ of Error at the Instance of the Petitioner was brought and prosecuted in this House, upon which Their Lordships were pleased to Order, "That the Judgment given for the Defendant Thomas Amery by the Court of King's Bench should be reversed and Judgment entered for the King;" that after the Judgment so pronounced by Their Lordships the Petitioner by his Counsel and Agent made several Applications to the proper Officer of Their Lordships' House, from Time to Time down to the Dissolution of the last Parliament, for an Order directing the said Court of King's Bench to tax the Petitioner his Costs of such Prosecution, as the Petitioner is informed hath been heretofore done by this House in Cases of Reversal, and it being a clear Principle established by many Authorities, that a Court of Error will always give the same Judgment which the Court below ought to have given, in order that when such Costs had been taxed by the proper Officer of the said Court, the Sum allowed by him might be inserted in the Tenor of the Judgment to be drawn up in this House, and such Tenor being then remitted with the Record to the said Court of King's Bench, the Petitioner might have Execution out of the said Court for the Sum so allowed for his Costs, but that the Petitioner has not as yet been able to procure such Order from the Officer of Their Lordships' House, he apprehending, as the Petitioner is informed, that he is not authorized by the Judgment so pronounced by Their Lordships to issue such an Order, nor has the Tenor of the said Judgment been yet entered upon Record as the Petitioner is informed, the Petitioner being advised by his Counsel that such Tenor ought to contain a Judgment of Ouster against the said Thomas Amery, of and from his usurped Office of Alderman, and also an Award of the Costs of such Prosecution sustained by the Petitioner as Relator in the said Information, pursuant to the Directions of the Statute in that Behalf: That the Petitioner by his Agent has again applied to the proper Office of Their Lordships' House, to obtain such Order for the Taxation of the Petitioner's said Costs as Relator in the said Information, but has not been able, for the Reasons aforesaid, to procure the same;" and therefore praying Their Lordships, "That an Order may be made by this House, That the said Court of King's Bench do tax the Petitioner his Costs of such Prosecution pursuant to the said Statute," and that when the Costs have been taxed by the proper Officer of the said Court of King's Bench and certified to this House, that the Judgment may be entered of Record, and that such Entry may contain a Judgment of Ouster against the said Thomas Amery, and an Award of the said Costs (taxed as aforesaid) to the said Petitioner as Relator in the said Information, in order that the Petitioner may thereupon take the proper and necessary Steps for the Recovery of his said Costs, or that such other Order may be made for Relief of the Petitioner, as to this House shall seem just:"

It is Ordered, That said Petition do lie on the Table.

Adjourn.

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

DIE Veneris, 3^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Elphinstone against Falzieffe and Another.

The Answer of Major Michael Fallzieffe of Saint Petersburg Merchant, and his Attorney, to the Cross Appeal of the Honourable William Elphinstone, was this Day brought in:

Falzieffe et al. against Elphinstone.

As was also, the Answer of Captain William Elphinstone to the Appeal of Major Michael Fallzieffe and others.

King's Answer to Address.

The Lord Chancellor reported, "That the House did on Wednesday last present their Address to His Majesty; to which His Majesty was pleased to return the following most gracious Answer:

My Lords,

I return you my Thanks for this dutiful and loyal Address. Your Condolence on the Loss I have sus tained by the Death of My late Brother the Duke of Cumberland, is an additional Proof of your Attachment to My Person and Family.

Your Congratulations on the amicable Termination of the Differences which had subsisted between Me and the Court of Spain, are extremely acceptable to Me, and your Concurrence with My Wishes to cultivate the utmost Harmony between Me and My Parliament is an additional Satisfaction to Me, as affording the best grounded Hopes of preserving inviolate Our excellent Constitution, and of course contributing essentially to the general Prosperity of My Subjects."

Ordered, That the said Address, together with His Majesty's most gracious Answer thereto, be forthwith printed and published.

Election of Peers for Scotland, E. Abercorn's Petition, respecting.

Upon reading the Petition of John James, Earl of Abercorn; setting forth, "That His Majesty was pleased to issue His Royal Proclamation under the Great Seal, bearing Date the 11th Day of June 1790, commanding all the Peers of Scotland to assemble and meet at Holyrood-house in Edinburgh, on Saturday the 24th Day of July then next ensuing, to nominate and choose the Sixteen Peers to sit and vote in the ensuing Parliament of Great Britain, by open Election and Plurality of Voices of the Peers that should then be present, and of the Proxies of such as should be absent: That upon the said 24th Day of July last, several of the Peers of Scotland did accordingly assemble at Holyrood-house to make such Election as aforesaid, and that the Petitioner being a Peer of Scotland, and not being Personally present at the said Meeting, did duly send to the said Meeting according to the Provisions of the Statutes in that Behalf made and provided, a signed List containing the Names of the Earls of Glencairn, Moray, Strathmore, Kellie, Galloway, Elgin, Balcarras, Stair, and Glasgow, Viscount of Stormont, Lords Somerville, Cathcart, Elphinstone, Torphichen, Napier, and Elibank, for whom the Petitioner did thereby give his Vote, and that such List was duly tendered at the said Meeting on the Behalf of the Petitioner, by Walter Scott Writer to the Signet; but that such signed List was rejected by George Home and Robert Sinclair, Esquires, two of the principal Clerks of Session appointed by the Lord Clerk Register of Scotland, to officiate as his Deputies on that Occasion, and that on casting up the Votes given at the said Election, the Vote of the Petitioner in favour of the said Peers, whose Names are contained in his said signed List, was not counted by the said Deputies, whereby it appeared that the Earls of Eglintoune, Moray, Kellie, Lauderdale, Dumfries, Elgin, Balcarras, Breadalbane, Glasgow, Viscount of Stormont, Lords Cathcart, Elphinstone, and Torphichen, were elected by a Majority of Voices to be Thirteen of the Sixteen Peers to sit and vote in the House of Peers in the ensuing Parliament of Great Britain, and that the Votes for the Earls of Galloway, Selkirk, Stair, and Hopetoune, and for Lords Somerville and Napier were equal, whereas in fact the said Earls of Galloway and Stair, and the said Lords Somerville and Napier, had a lawful Majority of Votes at the said Election, and ought to have been returned as duly elected; and that by reason of the Premises an undue Return of the said Election has been made by the said Deputies to the Prejudice of the Petitioner, and the other Peers of Scotland;" and therefore praying, "That Their Lordships will take the Premises into Consideration, and grant such Relief therein as to Their Lordships may seem meet:"

It is Ordered, that the said Petition do lie on the Table.

Lords take the Oaths.

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

Elphinstone and Gardner against Falzieffe and Another.

The House being moved, "That a Day may be appointed for hearing the Cross Appeal, wherein the Honourable William Elphinstone and John Gardner are Appellants, and Major Michael Falzieffe, of Saint Petersburg, Merchant, and his Attorney, are Respondents:"

It is Ordered, That this House will hear the said Cross Appeal by Counsel at the Bar, at the same time with the Original Appeal wherein Michael Falzieffe is Appellant, and William Elphinstone is Respondent.

Spottiswoode to enter into Recognizance on Scott's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permited to enter into a Recognizance for John Scott and others, on account of their Appeal depending in this House, they residing in Scotland:"

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

Crichton against Mackay.

Upon reading the Petition of Alexander Crichton Appellant in a Cause depending in this House, to which Mary Mackay is Respondent, setting forth, "That the Petitioner some time ago presented his Appeal to their Lordships from several Interlocutors, pronounced by the Court of Session in a Cause which depended between him and the Respondent, to which Appeal the Respondent has not yet put in her Answer: That the Petitioner, in reciting the last Interlocutor of the Court, has by Mistake stated it to be the 25th Day of June 1783, whereas it ought to be the 26th Day of June 1783," and therefore praying, "That he may be at Liberty to amend his Appeal by altering the above mentioned Date from the 25th to the 26th Day of June 1783:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by altering the above mentioned Date from the 25th to the 26th Day of June 1783, as desired.

Adjourn.

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

DIE Lunæ, 6^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

John Earl of Sandwich.

Thomas Bruce Earl of Ailesbury.

Richard Earl Howe.

Nathaniel Lord Harrowby.

The Duke of Leeds (by His Majesty's Command) presented to the House,

Spain, Declaration, Counter Declaration, and Convention with, delivered.

1. "Copy of the Declaration and Counter Declaration signed and exchanged at Madrid the 24th of July, 1790, by His Majesty's Ambassador and the Minister of the King of Spain. And Translation."

2. Also, "Copy of the Convention between His Majesty and the King of Spain, signed at the Escurial the 28th of October, 1790. And Translation."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Copies be taken into Consideration on Monday next; and that the Lords be summoned.

Cowan against Withers et al.

Upon reading the Petition and Appeal of John Cowan, Merchant in Borrowstouness, complaining of Five Interlocutors of the Lords of Session in Scotland, of the 17th of February 1789, and 9th of February, 23d of February, 9th of March, and 16th of November 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 Messieurs Withers, Birch, and Withers, of Cheapside, London, and John Monro Esquire, in Musselburgh, their Agent and Mandatory, may be required to answer the said Appeal:"

It is Ordered, That the said Messieurs Withers, Birch, and Withers, and John Monro, 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 3d Day of January next; and Service of his 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.

Balfour et al. against Scotts et al.

Upon reading the Petition and Appeal of John Hay Balfour, of Leys and Randerston, Esquire, Katherine Hay, the Wife of Henry Butter of Pitlochrie Esquire, and the said Henry Butter for his Interest, and Lucy Hay, the Widow of Patrick Moncrieff of Reidie Esquire, deceased; complaining of certain Parts of an Interlocutor of the Lords of Session in Scotland, of the 16th of November 1787; and also of another Interlocutor of the said Lords, of the 17th of June 1788, adhering thereto, in so far as the same are complained of; 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 Henrietta Scott, Lucy Scott, and Joanna Scott, Daughters and Coheiresses of John Scott, of Balcomie, Esquire, deceased, and their Curators, may be required to answer the said Appeal:"

It is Ordered, That the said Henrietta Scott, Lucy Scott, and Joanna Scott, and their Curators, 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 3d Day of January 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.

Sir J. Henderson against Henderson:

Upon reading the Petition and Appeal of Sir John Henderson, of Fordel, Baronet, complaining of Two Interlocutors of the Lords of Session in Scotland of the 21st of January and 1st of June 1790; and also of an Interlocutor of the Lord Ordinary there, of the 2d of July 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 Robert Bruce Henderson Esquire, Advocate, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Bruce Henderson Esquire, Advocate, may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 3d Day of January next; and Service of this Order upon any of the known Counsel or Agents of the said Respondent in the Court of Session in Scotland shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer, of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir John Henderson, of Fordel, Baronet, on Account of his Appeal depending in this House, he living in Scotland:"

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

Adjourn.

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

DIE Martis, 7^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lord Carteret takes the Oaths.

This Day Henry Frederick Lord Carteret took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Livingston against E. Breadalbane:

Upon reading the Petition and Appeal of Thomas Livingston, of Parkhall, Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 16th of June, and 10th of July 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 John Earl of Breadalbane may be required to answer the said Appeal:"

It is Ordered, That the said John Earl of Breadalbane, may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 4th Day of January next; and Service of this Order upon the known Agent of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Fraser to enter into a Recognizance on said Appeal.

The House being moved, "That Alexander Fraser, of Staples Inn, London, Gentleman, may be permitted to enter into a Recognizance for Thomas Livingston Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

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

Govan and Mitchell against Govan.

Upon reading the Petition and Appeal of Jean Govan, Spouse of William Mitchell, Shoemaker in Paisley, and of the said William Mitchell for his Interest; complaining of seven Interlocutors of the Lord Ordinary in Scotland, of the 27th of January, 23d of June, and 9th of July 1784, and 21st of January, 9th of February, 2d of March, and 16th of July 1785; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem just; and that John Govan, Grazier at Mains of Eastwood, may be required to answer the said Appeal:"

It is Ordered, That the said John Govan may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 4th Day of January next; and Service of this Order upon the said Respondent, or upon his known Procurator or Agent 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 Lunæ, decimum tertium diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.