Court Order – John Scott – 11 Jul 1807

[Cover:] 11 July 1807. Bishop of Durham v Beaumont Esq & Wife Copy Minutes of Order made on Rehearing



Lord Chancellor						Saturday the 11th day of July 1807.

Bp Durham  v  Beaumont					



	<Can> declare that it sufficiently appears to this Court that in entering into the Agreement in the pleadings mentioned of the 1st day of Septr. 1791 the Bishop of Durham entered into the same upon the faith and in confidence of the accuracy of the information given him by John Erasmus Blackett in the pleadings named and that previous to entering into the said Agreement the said John Ers. Blackett acting as such Agent was fully apprized that the Bishop did in entering into the said Agreement depend and rely upon the information given him by the said John Erasmus Blackett and that at the time of entering into the same the said John Erasmus Blackett acting as such Agent did permit the said Bishop to act upon the confidence reposed in him, and to enter into the Said Agreement upon the faith of the information given him by the said John Erasmus Blackett and therefore  let the Order be made on hearing this cause bearing date the 1st day of April 1807 be varied and instead of the Issues thereby directed Let the parties proceed to a trial at Law on the following Issues Viz. 

      First, Whether it was represented to the said Bishop of Durham, by the said John Erasmus Blackett the Agent of the said Sir Thomas Blackett that the Sum of Nine Hundred & Twenty five Pounds was the full annual Value of the Lot Ore or Ninth part of the Lead Ore gotten according to the then state of working of the Mines in the pleadings mentioned to have been demised to the said Sir Thomas Blackett and which Lot Ore or Ninth part but for the said Agreement the Bishop was entitled to order the demise. 

      Secondly, Whether it was represented to the said Bishop of Durham by this said John Erass. Blackett the Agent of the said Sir Thomas Blackett that the Sum of Nine Hundred & Twenty five Pounds was more than the full annual Value of the said Lot Ore or One Ninth part of the Lead Ore according to the then state of the working of the said Mines 

      And in case the Jury shall find any special Matter and particularly if the Jury shall not find that John Erasmus Blackett made any such representation as aforesaid Let any representations which the Jury shall find he did make be endorsed on the <Postea> and Let the Plaintiff here be Plaintiff at Law and the Defendants here be Defendants at Law who are forthwith to name an <Attorney> accept a Declaration appear and plead to Issue 

      And it is thereby referred to the Master to settle the Issue in case the parties differ about the same and Let the letters written by the said John Erasmus Blackett to Bishop Thurlow be produced and read on the trial of the said Issue if either party shall so require And let the said William Emm be examined on the said trial as Witness for the Plaintiff and the said John Erasmus Blackett for the Defendants But in case the said John Eras Blackett or the said William Emm shall die before such trial shall be had or shall be unable personally to attend from ill health infirmity or other cause Let this Cause be <retried> to the Paper for the Consideration of the Court and Let the Defendants within [blank space left] state in writing to the Plaintiff what was the full annual Value of the Ninth part of the said Lead Ore in years 1790 & 1791 and what the same hath annually since been And in case the Defendants shall not give such Statements in writing to the Plaintiff within the time aforesaid Or the same shall not be satisfactory to the Plaintiff Let the Master proceed to compute from Schedules to the Defendants answers and the Dispositions in this Cause the actual Value of the Ore in each of the aforesaid years preceeding the Agreement as far as the Evidence has been given and in each year from the date of the Agreement to the filing of the Bill and such statements if satisfactory as aforesaid <&> such Computations are to be received upon the Trial of the said Issues as the actual Value of the said Ore at the periods aforesaid and reserve the Consideration of <Costs> and of all further directions until after the Trial of the said Issues and any of the Parties are to be at liberty to apply to this Court as there shall be occasion And let the Sum of Ten Pounds be deposited by the Plaintiff with the Registrar on setting down this Cause to be reheard be paid back to the Plaintiff And let the Sum of Ten Pounds deposited by the Defendants with the Registrar be returned to the Defendants