House of Lords Journal Volume 37
February 1786 11-20

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History of Parliament Trust

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1767-1830

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396-398

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'House of Lords Journal Volume 37: February 1786 11-20', Journal of the House of Lords volume 37: 1783-1787 (1767-1830), pp. 396-398. URL: http://www.british-history.ac.uk/report.aspx?compid=116784 Date accessed: 01 September 2014.


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February 1786 11-20

DIE Mercurii, 15o Februarii 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Asaphen.
Epus. Petriburg.
Epus. Roffen.
Epus. Wigorn.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Landaven.
Epus. Meneven.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Comes Gower, C. P. S.
Dux Chandos, Senescallus.
Dux Ancaster & Kesteven.
Dux Manchester.
March. Buckingham.
Comes Salisbury, Camerarius.
Comes Sandwich.
Comes Essex.
Comes Abingdon.
Comes Coventry.
Comes Morton.
Comes Moray.
Comes Abercorn.
Comes Galloway.
Comes Breadalbane.
Comes Ferrers.
Comes Tankerville.
Comes Macclesfield.
Comes Kerr.
Comes Brook & Warwick.
Comes Cornwallis.
Comes Bathurst.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Comes Uxbridge.
Comes Lonsdale.
Comes Beaulieu.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.
Viscount Mount Edgcumbe & Valletort.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Fortescue.
Ds. Scarsdale.
Ds. Boston.
Ds. Vernon.
Ds. Ducie.
Ds. Digby.
Ds. Amherst.
Ds. Harrowby.
Ds. Gage.
Ds. Walsingham.
Ds. Grantley.
Ds. Rodney.
Ds. Carteret.
Ds. Sommers.

PRAYERS.

York Buildings Company against Ld. Elphinstone.

The Answer of John Lord Elphinstone to the Appeal of the Governor and Company of Undertakers for raising Thames Water in York Buildings, was this Day brought in.

Tress et Ux. Petition referred to Judges.

Upon reading the Petition of Stephen Tress Gentleman, and Mary his Wife, on Behalf of themselves and their Seven Children, (to wit) Elizabeth, Mary, Sarah, Francis, Martha, Thomas, and Stephen Tress, the Younger, who are 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 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.

Wilkinson's Petition referred to Judges.

Upon reading the Petition of the Reverend James Wilkinson Clerk, Vicar of the Parish and Parish Church of Sheffield in the West Riding of the County of York; 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 Ashburst, 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.

Colquhoun against Corbet.

Upon reading the Petition of John Colquhoun Tenant in Gartcosh, Appellant in a Cause depending in this House, to which John Corbet Esquire is Respondent; setting forth, "That the Petitioner hath been advised to appeal to their Lordships from certain Interlocutors of the Court of Session in Scotland; that the Petitioner being very poor, as by the Affidavit and Certificate annexed appears, is, by reason of such Poverty, unable to prosecute his said Appeal, unless he shall be admitted so to do in formâ pauperis;" and therefore praying their Lordships, "That he may be admitted to prosecute his said Appeal in formâ pauperis, and to assign for his Counsel John Anstruther and William Adam Esquires, and for his Solicitor James Brewster Gentleman:"

It is Ordered, That the Petitioner be admitted to prosecute his Appeal in formâ pauperis in this House, as desired.

The House was adjourned during Pleasure.

The House was resumed.

The Order of the Day being read for the Lords to be summoned:

East India Judicature Act, Lists delivered in pursuance of:

Ordered, That so much of an Act made in the 24th Year of the Reign of His present Majesty, intituled, An Act for the better Regulation and Management of the Affairs of the East India Company, and of the British Possessions in India; and for establishing a Court of Judicature for the more speedy and effectual Trial of Persons accused of Offences committed in the East Indies," as relates to the Nomination and Appointment of Members of this House in order to the constituting in Part the said Court of Judicature, might be read.

And the same being accordingly read by the Clerk:

Ordered, That the Lords be called over, and being called accordingly:

Ordered, That the Names of the Lords present be called over, which being done, and Fifty Lords appearing:

Ordered, That the Lords do deliver in Lists of Twenty-six Lords at the Table, pursuant to the Directions of the said Act.

And the said Lists being delivered accordingly:

Committee to examine Lists.

The Lords following were appointed a Committee to examine the said Lists, and to report to the House the Names of such Lords as appeared upon Ten of the said Lists:

E. Coventry.
E. Ferrers.
E. Hillsborough.
E. Uxbridge.
L. Abp. York.
L. Bp. Lincoln.
L.Bp. Bristol.
L. Sydney.
L. Scarsdale.
L. Amherst.
L. Harrowby.
L. Walsingham.

Their Lordships, or any Five of them, to meet immediately, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure, and the Committee withdrew, to examine the said Lists.

After some Time, the House was resumed:

Report from Committee:

And the Lord Sydney reported from the Committee, That they had examined the said Lists, and that the Names of the following Lords were the only Names that appeared upon Ten Lists:

Abp. Canterbury.
D. Portland.
M. Buckingham.
E. Morton.
E. Moray.
E. Aberdeen.
E. Hopetoun.
E. Dartmouth.
E. Macclesfield.
E. Radnor.
V. Wentworth.
V. Dudley & Ward.
Bp. Winchester.
Bp. Salisbury.
Bp. Exeter.
Bp. Lincoln.
Bp. Bangor.
L. King.
L. Chedworth.
L. Fortescue.
L. Hawke.
L. Harrowby.
L. Bagot.
L. Porchester.
L. Rawdon.
L. Sommers.

Names to be transmitted to Clerk of the Crown.

Ordered, That the said Names be transmitted to the Clerk of the Crown in Chancery or his Deputy, by the Lord High Chancellor of Great Britain under his Hand and Seal, pursuant to the Directions of the said Act.

Caddells against Caddell:

Upon reading the Petition and Appeal of Messieurs Caddells and Sons Merchants in Cockenzie, complaining of Two Interlocutors of the Lord Ordinary in Scotland of the 29th of February and 25th of June 1776; also of an Interlocutor of the Lords of Session there of the 12th of July 1776; also of Four other Interlocutors of the said Lord Ordinary of the 27th of November 1777, and 16th of January, and 4th and 17th of February 1778; also of Two other Interlocutors of the said Lords of the 13th and 23d of January 1779; also of Four other Interlocutors of the said Lord Ordinary of the 9th of July, the 15th and 30th of November, and 12th of December 1782; also of Two other Interlocutors of the said Lords of the 26th of February 1783 and 3d of March 1784; also of Two other Interlocutors of the said Lord Ordinary of the 8th of March and 22d of June 1785; also of Two other Interlocutors of the said Lords of the 16th of November and 21st of December 1785; also of another Interlocutor of the said Lord Ordinary of the 26th of January 1786; and also of another Interlocutor of the said Lords of the 4th of February 1786; 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 Margaret Caddell Widow of William Caddell, may be required to answer the said Appeal:"

It is Ordered, That the said Margaret Caddell may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing on or before Wednesday the 15th Day of March next; and Service of this Order upon the said Respondent, or upon her Agent or Solicitor in the Court of Session in Scotland, shall be deemed good Service.

Suttie to enter into Recognizance on said Appeal.

The House being moved, "That William Suttie, of Gray's Inn Middlesex, Gentleman, may be permitted to enter into a Recognizance for Messieurs Caddells and Sons, on account of their Appeal depending in this House, they living in Scotland:"

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

Adjourn.

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

DIE Lunæ, 20o Februarii 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bristol. Ds. Thurlow, Cancellarius.
Comes Stamford.
Comes Moray.
Comes Abercorn.
Comes Fitzwilliam.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Scarsdale.

PRAYERS.

Petition of Prisoners in York Castle, praying Relief.

Upon reading the Petition of the Debtors and Prisoners in the Castle of York, in the County of York, whose Names are thereunto subscribed, praying their Lordships for the Reasons therein mentioned to take their most miserable Circumstances into Consideration, and grant to them such Relief as their Wisdom shall think meet:

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

Rich et Ux. Petition referred to Judges.

Upon reading the Petition of John Rich of Bearly, in the County of Warwick Gentleman, and Elizabeth his Wife, (for and on Behalf of themselves and their Infant Children,) William Eburne, of the City of Coventry, Gentleman, and Mary his Wife, and John Twitty Eburne of the same Place Gentleman, (the only Child of them the said William Eburne and Mary his Wife,) and Francis Singleton, of the said City of Coventry, Gentleman, and Sarah his Wife, late Sarah Rich Spinster; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petitition be and is hereby referred to Mr. Justice Gould 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 Petitition; and also that the Judges, having perused the Bill, do sign the same.

Sinclair against Baikie and Youngs:

Upon reading the Petition and Appeal of Arthur Sinclair Esquire, of Masulipatam in the East Indies, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 23d of December 1785, and 31st of January 1786; and praying, "That the same may be reversed, 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 Barbara Baikie, Widow of Andrew Young deceased, and Margaret and Jane Youngs their Daughters, may be required to answer the said Appeal:"

It is Ordered, That the said Barbara Baikie and Margaret and Janet Youngs 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 20th Day of March next; and Service of this Order upon the said Respondents, or upon any of their Coun sel 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 Arthur Sinclair Esquire, on Account of his Appeal depending in this House, he being out of this Kingdom:"

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

Mercer against Williamson.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Charles Mercer Esquire is Appellant, and Robert Williamson is Respondent:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Friday the 17th Day of March next.

York Buildings Company against Ld. Elphinstone.

The House being moved, "That a Day may be appointed for hearing the Cause wherein the Governor and Company of Undertakers for raising the Thames Water in York Buildings are Appellants, and John Lord Elphinstone is Respondent:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Wednesday the 22d Day of March next.

Adjourn.

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