Page:The English Reports v1 1900.pdf/663

The respondent having accepted the proposal, the appellants Lord Melbourne, Lord Lucan, and Lord Macartney severally executed the following authority:

To all to whom these presents shall come; We, Penniston Lord Melbourne, of the parish of Saint James's, Sir Charles Bingham, bart. and Sir George Macartney, Knight of the Bath, both of the parish of Saint George, Hanover-Square, and all within the liberty of Westminster, being three of the Managers of the Ladies' Club, for the time being, and a Quorum, send greeting. Whereas it is intended to remove the said Club, called and known by the name of The Ladies' Club, from the house in Albemarle-street, where it is now held, to a more convenient situation, and it being intimated to us, the said parties hereto, that Sir George Colebrooke, bart will dispose of the equity of redemption of his house and premises, in Arlington-street, (which is already, or is speedily to be mortgaged for the sum of 9000 guineas,) for the further sum of 4000 guineas; and we, the said parties hereto, being desirous of accommodating ourselves and the rest of the Members of the said Club, have (with sundry other persons, who are also Members thereof) agreed to raise by subscription among ourselves, the said sum of 4000 guineas, to be laid out in the purchase of the equity of redemption of the said house and premises, which we, as a Quorum of Managers for the time being, and as representatives of and for the several and respective persons who have contributed with us, towards raising the said subscription, intend shall be thereupon appropriated to and for the use and benefit of the said Club. And whereas we, the said parties hereto, on behalf of ourselves, and on behalf of the said several and respective subscribers, have requested Mr. James Cullen, of Greek-street, Soho, upholder, to treat with the said Sir George Colebrooke for the purchase of the said equity of redemption, provided the said pur-[398]-chase-money shall not exceed the said sum of 4000 guineas, which he, the said James Cullen, has agreed to do on our behalf, and on the behalf of the other subscribers towards the said purchase. Now therefore, these presents witness, that we, the said parties hereto, on our own behalf, and on behalf of the said several and respective subscribers, do hereby severally and respectively authorise, constitute, and appoint the said James Cullen, our true and lawful attorney, for us and on our behalf, as well as on the behalf of the said several and respective subscribers, but in his own name, to treat with and purchase of the said Sir George Colebrooke, the said equity of redemption of the said house and premises, in Arlington-street aforesaid, provided the purchase-money for the same shall not exceed the said sum of 4000 guineas; and also for us, and for the several and respective subscribers aforesaid, but in his own name, to sign and execute an agreement or instrument in writing, with the said Sir George Colebrooke for the said purchase, and likewise in his own name to accept and take a proper conveyance or conveyances of the equity of redemption of the said house and premises, (which he is to hold upon trust for us and the said subscribers,) and thereupon to pay the consideration money for the same, and generally for us and the said several and respective subscribers, but in his own name to do, perform, and execute all other matters and things proper and necessary in and about the premises, as fully and effectually to all intents and purposes, as if we, the said Penniston Lord Melbourne, Sir Charles Bingham, bart. and Sir George Macartney, knight of the bath, or the said several or respective subscribers, were to purchase the said estate. In witness whereof, we have hereunto set our hands and seals, this 1st day of May 1775.—Melbourne, George Macartney, Charles Bingham.—Signed, sealed, and delivered (being first duly stampt) in the presence of us, March and Ruglen, Thomas Forsyth, John Humphry Babb, Mark Klyne.

In pursuance of this authority, the respondent treated with Sir George Colebrooke, for the purchase of the house and fixtures in Arlington-street; and on the 4th of May 1775, Sir George Colebrooke signed an instrument in writing of that date, whereby he acknowledged to have that day sold the house and premises to the respondent, for the sum of 13,000 guineas, the several fixtures to be paid for, over and above the said sum of 13,000 guineas; and in consideration of 4000 guineas, received in part of the purchase-money, Sir George Colebrooke promised to complete a good title to the premises; and it was agreed, that the remainder of the purchase-money should remain on mortgage on the house and premises, at the rate of four and a half per cent. and that such interest should commence from