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Members of the Club, settle and adjust all the business relating to the purchase, and all particulars with the respondent for the carrying on and conducting all matters for the convenient accommodation of the Club; and they admitted that the then annual Managers of the Club, not chusing to take the conveyance of the house in their own names, or in the names of the several Subscribers, or Members of the Club, [402] and the situation of Sir George Colebrooke's affairs rendering it necessary that the purchase should be completed; it was at another meeting agreed, that the respondent should take the conveyance, and that, accordingly, the power of attorney before-stated was then duly executed by three of the then annual Managers of the Club, to the respondent for that purpose, and that soon after certain preliminary articles were drawn and intended as the foundation or basis of a future agreement, to be made between the Club and the respondent; and they admitted, that they and the appellants Lord Melbourne and Lord Lucan signed the proposal or agreement of the 29th of April 1775; and they stated, that it was the design of the Managers, who were, or should be appointed to regulate and govern, or preside over the Club, to have entered into proper articles of agreement with the respondent, but some difference of opinion having arisen among some of the subscribers, no formal or perfect agreement was made between the subscribers and the respondent, concerning the particular conduct and management of the Club, but that the same always rested and depended upon the proposition or agreement of the 29th of April 1775, signed by them, and Lord Melbourne, and Lord Lucan; and they insisted they were not liable personally to answer, or pay, or make good to the respondent any charges or losses, by reason of his conduct or management of the Club, except their respective shares or proportions, as two of the subscribers, of such sums of money as the Court should adjudge the several subscribers of the Club to be liable to pay to the respondent.

On the 9th of February 1780, Lord Macartney and Lord Melbourne put in their respective answers, which were to the same effect as the answer of the Duke of Queensbury and Lord Egremont. And the Answer of Lord Lucan was nearly to the same effect, except, that it was more friendly to the respondent. Mr. Leycester by his answer, insisted on his right to sell the house for payment of his demands.

The answers were replied to, and witnesses examined, and the cause was at issue, and set down to be heard, when Mr. Leycester put up the house to sale, and it was purchased by John Johnson, a trustee for Mr. Leycester, for 5000 guineas. The respondent immediately filed a supplemental bill to set aside the sale, and Mr. Leycester and his trustee put in answers, insisting on the sale, to which the respondent replied, and the supplemental cause being at issue, was set down to be heard with the original cause.

Both causes were heard the 19th of July 1781, before the Lord Chancellor Thurlow, when it was ordered and decreed, that it should be referred to Mr. Pechell, one of the Masters of the Court, to take an account of the original value of the furniture of the house in question, supplied by the respondent, and of what loss the respondent had sustained by the sale of such furniture; and the Master was likewise to take an account of what loss the respondent had sustained by the expences he had been at, in keeping the house according to the undertaking, and also of the money he had paid upon account of the undertaking, begun and [403] carried on by him, in pursuance of the instruments dated the 29th of April 1775, and the 1st of May 1775, and of all interest, taxes, and other expences, upon the score of the said undertaking. And it was further ordered, that the Master should also take an account of all sums of money received by the respondent, or by any other person or persons, by his order or for his use, on account of the said undertaking; and it was further ordered, that the Master should also take an account of what was due to Mr. Leycester, for principal and interest on his mortgage; and by consent of all parties, it was ordered, that the house in question should be sold, with the approbation of the Master, to the best purchaser, but such sale was to be without prejudice to the rights of the parties, except the right which Mr. Leycester might claim under the sale before made; and it was ordered, that the money arising by such sale should be paid into the Bank, with the privity of the Accountant General of the Court, subject to the further order of the Court, and the usual directions were given for taking the accounts; and his Lordship reserved the consideration of the costs of the