House of Lords Journal Volume 37: June 1786 1-10

June 1786 1-10

DIE Jovis, 1^o Junii 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl Bathurst sat Speaker, by virtue of His Majesty's Commission.

Colquhoun against Corbet:

Counsel (according to Order) were called in to be further heard in the Cause, wherein John Colquhoun is Appellant, and John Corbet Esquire is Respondent.

Solicitor examined, touching the signing the Appellant's Case:

Notice being taken to the House, "That the Appellant's Case is signed by R. Mackintosh, William Adam, and John Anstruther as Counsel, who did not either of them attend at the Bar to plead for the Appellant, nor was it supposed that they were of Counsel in the Cause in Scotland:"

And the Standing Order of the 9th of April 1698, in relation to Printed Cases being signed by Counsel, being read:

The Solicitor for the said Appellant was called in, and examined touching the said Matter.

And he was directed to withdraw.

The Counsel were directed to withdraw.

Appellant's Solicitor to attend.

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that James Brewster the Solicitor for the Appellant do then attend.

Battens and Deals Duty Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty, an additional Duty upon Battens and Deals, imported into Great Britain."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Westminster Sunday Toll Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Fifth Year of His present Majesty's Reign, for empowering the Commissioners for putting in Execution the several Acts passed for paving, cleansing, and lighting the Squares, Streets, and Lanes within the City and Liberty of Westminster and Parts adjacent, to collect certain Tolls on Sundays, upon the several Roads therein mentioned, and apply the same for the Purposes of the said Acts."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Graves:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Whale Fishery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further Support and Encouragement of the Fisheries, carried on in the Greenland Seas and Davis's Streights."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Hemp and Flax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue and render more effectual an Act passed in the Twenty-first Year of His Majesty's Reign, for the Encouragement of the Growth of Hemp and Flax, in that Part of Great Britain called England."

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Persons to attend.

Ordered, That Mr. Robson, and Mr. Samuel Purlewent do attend this House To-morrow.

Macdougal against Threipland Respondent's Petition for an early Day, rejected.

A Petition of Stuart Threipland of Fingask Respondent in Two Causes depending in this House, to which Alexander Macdougal Tenant in Fingask is Appellant, was presented and read, setting forth, "That the Appellant entered the Two Appeals now in Dependence before their Lordships, merely with a View of hanging up the Effect of the Decrees of removing and keeping Possession of the Farms, in the Petition mentioned for a Year longer: That in the mean Time the Appellant has during the Dependence of several Suits, been ploughing every Acre of his Farms, and taking the most scourging Crops from the Ground, and even if he was to quit the Possession at this Term, the Respondent could not let them but at a very great Loss, and another Year's severe Crop will still ruin them farther;" and therefore praying, "Their Lordships will not permit these Devices of the Appellant to frustrate Justice, but that they will order both these Appeals, to be heard upon Wednesday the 14th Day of June, that the repeated Decrees of the Sheriff and Court of Session may have their full Effect."

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

Ordered, That the said Petition be rejected.

Persumery Duty Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty certain Stamp Duties on Persumery, Hair Powder, and other Articles therein mentioned, and on Licences to be taken out by Persons uttering or vending the same;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Berwick Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, and allotting the Open and Common Fields, and other Commonable Lands and Grounds, in the Parish of Berwick Saint John, in the County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Newport Paving Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for paving, repairing, cleansing, lighting and watching the Streets, Lanes, Ways, Passages, and Places within the Borough of Newport, in the Isle of Wight, and for the Removal of present and Prevention of future Encroachments, Nuisances, and Annoyances therein," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Newcastle Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing and widening the Road leading from the Bottom of Church Lane in the Town of Newcastle-under-Line, in the County of Stafford, to the Turnpike Road leading from Woor to Chester near the Town of Namptwich, in the County of Chester, and from Chesterton through Audley and Balterley to Ghorsty Hill," was committed.

Tonbridge Road Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of Two Acts passed in the Fifth and Sixth Years of the Reign of His present Majesty, for repairing and widening the Road from Tonbridge to Maidstone, and from Wat's Cross to Cowden, in the County of Kent, so far as the same relate to the Road from Tonbridge to Maidstone," was committed.

Cheltenham Paving Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for paving the Footways and Passages in the Town of Cheltenham, in the County of Gloucester, and for better cleansing and lighting the said Town; for taking down certain Old Buildings now standing therein; and for removing and preventing other Encroachments, Nuisances, and Annoyances."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Ld. Stourton's Estate Bill.

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

To return the Bill, intituled, "An Act for enabling the Right Honourable Charles Philip Lord Stourton, and the Right Honourable Mary Lady Stourton his Wife, the Right Honourable Hugh Lord Clifford and the Right Honourable Appollonia Lady Clifford his Wife, and Robert Butler Esquire and the Honourable Elizabeth Butler his Wife, to charge their Estates at Holme in the East Riding of the County of York, with a competent Sum of Money, for the Purpose of improving the same, and also to grant Building and other Leases of the said Estates, and of their other Estates in the Counties of York and Stafford;" and to acquaint this House, That they have agreed to the same with some Amendments, to which they desire their Lordships' Concurrence.

Hemp and Flax, Account of, delivered.

The Lord Sydney delivered to the House, "Account of the Quantities of Hemp and Flax raised in that Part of Great Britain called England, together with the Amount of the Claims for the Bounties granted by Parliament, as exhibited to and allowed by His Majesty's Justices of the Peace at the Quarter Sessions, held in their respective Counties at Midsummer 1785, prepared in pursuance of the Directions contained in the Act of the 21st of His present Majesty."

Also, "Amount of Sums allowed by the Justices of the Peace for the Counties therein mentioned, to the several Clerks of the Peace for Business done under the Act for encouraging the Growth of Hemp and Flax."

And the Titles thereof being read by the Clerk:

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

Adjourn.

Comes Bathurst declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 2^o Junii 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl Bathurst sat Speaker, by virtue of His Majesty's Commission.

Colquhoun against Corbet:

Counsel (according to Order) were called in to be further heard in the Cause wherein John Colquhoun is Appellant, and John Corbet Esquire is Respondent.

And the House being informed, "That James Brewster the Appellant's Solicitor attended, pursuant to the Order of Yesterday:"

Petition of Appellant's Solicitor:

He was called in, and a Petition of the said James Brewster was presented and read; setting forth, "That the Petitioner, from Motives of Charity, was induced to undertake the Management of an Appeal from the Court of Session in Scotland to their Lordships, wherein John Colquhoun a Pauper is Appellant, and John Corbet Esquire is Respondent, and John Anstruther Esquire and William Adam Esquire were Counsel for the Appellant, when the Cause was formerly before their Lordships; That the Proceedings in the Court of Session and other Papers necessary for stating the Case, did not come to the Hands of the Petitioner till late in the Month of March, and the Petitioner willing to relieve Messieurs Anstruther and Adam, as much as he could, from the Trouble of attending the Arrangement of the Facts in so complex a Case, did himself draw up a State of the Case which he said before Mr. Adam, who signed the same, and the Petitioner called several Times at Mr. Anstruther's House in order to lay the Case before him, but had not the Happiness to meet with him: That at this Time the Causes in their Lordships' List were going off very fast, and the Petitioner, apprehensive that if any farther Delay should be occasioned, it might not be in his Power to lodge Cases Four Days before the Hearing, in Terms of the standing Order of the House, sent the Case to be printed, intending to lay a Proof thereof before him: That in the mean Time Robert M^cIntosh Esquire, who had been of Counsel for the Appellant in the Court of Session, arrived in London, and the Indisposition of the Lord Chancellor and the Intervention of the Easter Holidays having prevented the Cause from being heard on the Day expected, the Petitioner laid the Case before Mr. M^cIntosh, who made considerable Amendments thereto: This made it necessary to reprint the Case; the Petitioner received it from Mr. M^cIntosh on the 21st of April, and the Cause stood for Hearing on the 28th, he found himself therefore laid under the Necessity of immediately sending it to be re-printed, and on the 25th of April he sent Copies of the Case to each of the Counsel, and at the same Time apologized for not laying it before them sooner on Account of the Want of Time: That Messieurs Anstruther and Adam afterwards, so far from disapproving of the Petitioner's Conduct, still continued to give their Advice and Assistance in the Management thereof, till within these few Days that he received Letters from each of Messieurs Anstruther and Adam, wherein the Reason they assign for declining to appear is that Mr. M^cIntosh could not also appear at the Bar in support of the Case: The Petitioner is extremely sorry that their Lordships should have the Trouble of making Enquiry into any Part of his Conduct, he humbly begs Leave to assure their Lordships that he entertains Sentiments of the most profound Respect for the Dignity of the House, and had not the most distant Wish to offend the learned Gentlemen whose Names are annexed to the Case; he has stated his Conduct with Truth, and he humbly begs that their Lordships will be pleased to pardon an Error into which he has fallen from Inadvertency and the urgent Necessity of the Case, and not from any Design to derogate from the Dignity of the House, or to give Offence to Messieurs Anstruther and Adam;" and therefore praying, "Their Lordships will be pleased to take the Case of the Petitioner into Consideration, and to do therein as to their Lordships shall seem meet."

Then, Mr. John Anstruther and Mr. William Adam, Two of the Counsel whose Names appear to be signed to the printed Case of the Appellant, informing the House, "That their Names were put thereto without their Direction and Privity;" the said James Brewster was asked, "If he had any Thing further to offer in his own Behalf;" who said, "That from Letters he had received from Mr. Adam and Mr. Anstruther, he was induced to think they had given up the Idea of his having improperly set their Names to the Case, which he had done, not from any Disrespect to the House, or Intention to offend them, but because the Time appointed for the Hearing of the Cause was so near at Hand, that he could not consult them on the Occasion, and thought they would have no Objection to sign a Case which had been settled with much Careby Mr. M^cIntosh the other Counsel."

He was directed to withdraw.

The Counsel were directed to withdraw.

Appellant's Solicitor committed to the Custody of the Black Rod:

Ordered, That James Brewster, for setting the Names of John Anstruther and William Adam Esquires, to the Appellant's Case in the Cause between John Colquhoun and John Corbet, without their Direction and privity, be committed to the Custody of the Black Rod.

To Sir Francis Molyneux Baronet, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Whereas it appearing to this House, That the printed Case of the said Appellant has been delivered contrary to their Lordships' Standing Order:

Appeal dismissed, without Prejudice.

It is Ordered, That the said Appeal be and is hereby dismissed this House, but without Prejudice to any Right the said Appellant may have in the Matter in Question, if he shall be advised hereafter to appeal for the same.

Cheltenham Paving Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for paving the Footways and Passages in the Town of Cheltenham, in the County of Gloucester; and for better cleansing and lighting the said Town; for taking down certain old Buildings now standing therein; and for removing and preventing other Encroachments Nuisances and Annoyances," was com ment of their Persons, and to oblige Debtors who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act to make Discovery of and deliver upon Oath their Estates for their Creditor's Benefit;" and to acquaint this House, That they have agreed to the same, with one Amendment, to which they desire their Lordships' Concurrence.

Pilchard Fishery Bill.

A Message was brought from the House of Commons, by Sir William Lemon and others:

With a Bill, intituled, "An Act to continue and amend an Act made in the Twenty-fifth Year of the Reign of His present Majesty, for the Encouragement of the Pilchard Fishery, by allowing a farther Bounty upon Pilchards taken, cured, and exported;" to which they desire the Concurrence of this House.

Scotch Judges' Salaries Bill.

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

With a Bill, intituled, "An Act for augmenting and fixing the Salaries of the Lords of Session, Lords Commissioners of Justiciary, and Barons of Exchequer, in that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.

Scotch Vellum, &c. Duties Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty certain Duties on stamped Vellum, Parchment, and Paper, within that Part of Great Britain called Scotland; to replace to the Revenue the Sums granted out of the same in this Session of Parliament towards the Augmentation of the Salaries of the Judges of the Courts of Session, Justiciary, Exchequer, and Admiralty Court in Scotland, and Commissary Court of Edinburgh;" to which they desire the Concurrence of this House.

Scotch Courts Bill.

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

With a Bill, intituled, "An Act for discharging the Payment of Sentence Money and other Fees of Court to the Judge of the Court of Admiralty in that Part of Great Britain called Scotland, and the Payment of Sentence Money to the Judges of the Commissary Court in Edinburgh; for granting Salaries to the Judges of the said Courts in Lieu thereof; and for regulating the Nomination of the said Judges;" to which they desire the Concurrence of this House.

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

Surrey Roads Bill.

Ordered, That all the Lords who have been present this Session, and are not named of the Committee, to whom the Bill, intituled, "An Act for making, widening, and keeping in Repair certain Roads in the several Parishes of Lambeth, Newington, Saint George Southwark, Bermondsey, and Christ Church, in the County of Surrey, and for watching and lighting the said Roads," stands committed, be added to the said Committee.

Adjourn.

Comes Bathurst declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, duodecimum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.