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571. Proceedings on the Trial of an Information, exhibited Ex-Officio,
by his Majesty's Attorney-General, against JOHN STOCK-
568. Proceedings against CHARLES BEMBRIDGE, Esq. on an Infor
mation filed against him, by his Majesty's Attorney General, for a Misdemeanor: 23 & 24 GEORGE III. A. D. 1783.
[Now first published.] [Connected with these proceedings against master, whereby the balance at this time
Bembridge, are the following extracts from due to the public from the estate of lord the Minutes of the Board of Treasury :]
Holland is augmented to the sum of 113,9611.
19s. 7d. WHITEHALL Treasury Chambers, January
Read a letter from the deputy auditor, dated 14, 1783. Present, Mr. Pitt, chancellor of 13th instant, transmitting a state of the adthe exchequer; Mr. Grenville; Mr. Jackson. ditions which have been made to the charge
and discharge of the final accompt of lord Read the auditors state of the final ac-Holland, late paymaster-general, together with compts of the late Henry lord Holland, as copies of two letters which have passed bepaymaster-general of the forces, from the tween the auditor and Ms. Powell on the 25th December 1764, to the 24th June 1765; subject. and as paymaster of Chelsea Hospital for the Read letter from Mr. Powell, dated 11th same period; wherein it appears there is instant, with two inclosures respecting the a balance due from him of 288,5291. on the accounts and allowances of Robert Paris former account, and that he is in surplusage Taylor, and Peter Taylor, esqrs. deputies to 220,5211. 3s. 3d. on the latter, which leaves a lord Holland. balance against him on the whole of 68,008l. Direct Mr. Hughes and Mr. Wigglesworth, 6s. 6d. due to the public.
deputy auditors of the imprest; Mr. Powell, Write to John Powell
, esq. acting executor executor to lord Holland; and Mr. Bembridge, to the late lord Holland, to desire he will of the pay-office, to attend my lords here on immediately pay the said balance into the Saturday next the 17th* instant. exchequer.
15th February, 1783. Present, the earl of February 14th, 1783. Present, Mr. Pitt, Shelburne; Mr. Pitt, chancellor of the exchechancellor of the exchequer; Mr. Grenville ; quer; Mr. Grenville; Mr. Jackson. Mr. Jackson.
My lords resume the consideration of the Read the letter from the deputies to lord state of the final accompt of lord Holland, Sondes, auditor of the impresis, dated 5th late paymaster-general of the forces, delivered inst. acquainting their lordships, that since into the office of the auditor of the imprest their delivering the state of the late lord Hol- (lord Sondes) by Mr. Powell (only acting exeland's accompts, on the 30th of November cutor to his lordship), on the 11th January, last, on which there was a balance due to the 1782, and transmitted from thence to this crown of 68,0081. 6s. 6d., which balance was board on the 30th of November last, by which agreed to by the accountant previous to the it appears the balance on the determination delivery of the said state to this board, Mr. thereof was 68,0081. 6s. 6d., in consequence of Powell (the only acting executor) has volun- which he received directions to pay the same tarily charged the account with the sum of into the exchequer; and my lords also resume 48,7991. 10s. 11d., and is discharged of the sum of 2845l. 175. 10d. by producing a re- * So in the original MS., but I do not find ceipt for so much surcharged on the pay- that any board was held on the 17th. VOL. XXII.
the consideration of the letter from the depu- 1 be finally closed, as some claims of Mr. Robert ties to auditor lord Sondes, dated the 5th of Paris Taylor's were depending, which might this month, acquainting my lords, that since make an alteration in it. the above-mentioned balance was agreed to He is asked, whether those claims had any by the accountant, Mr. Powell (the only act- kind of connexion with the articles which ing executor) has voluntarily charged himself constitute the voluntary charge made by him with the sum of 48,1991. 103. 11d. and is dis after the accompt was delivered, and the charged of another sum of 2,845l. 178. 10d. pencil balance drawn out? He admits they
Mr. Hughes and Mr. Wigglesworth depuo had not. ties to lord Sondes, attending according to
Ile was told repeatedly, that not having order, are called in.
yet assigned any reason for keeping back Read letter from them, date the 13th inst., plain what his inducement was: he replied, he
those articles, my lords expect he will exand a state of the additiors made to the charge felt himself much embarrassed, as he could and discharge of lord Holland's final accompt, not give a satisfactory account of that without subsequent to the delivery of it to them on 11th January, 1772.
injuring a friend: and it being urged to him The deputy auditors are asked, whether
as a duty incumbent on him in his situation they considered the accoinpt as closed with have known to be wrong; he said he was
to state bis motives for doing what he must respect to the charge previous to their trans prevailed with to keep back the charges from mitting it to this board? To which they an- his regard for Mr. Bembridge, the present acswer in the affirmative, and that they certainly should not have sent it otherwise. countant in the pay-office, who was one of
lord Holland's deputies. They are asked, whether it is usual, after the balance of an accompt is agreed between the
Mr. Bembridge, attending according to oraccountant and them, and the sum is marked der, is called in. in pencil, for any addition to be made to the Mr. Bembridge is asked the same questions charge? They answer, it is not.
as Mr. Powell was, respecting the omission They are asked, what occasioned the accompt of the articles of the voluntary charges, and to be returned to Mr. Powell? To which they whether any of them were sạch as to admit a answer, they sent it back to him some time doubt of their being proper to be included; between the 11th and 20th December, to have and he answers to the same effect as Mr. two sums, amounting to 1,3631. 9s. 3d. added | Powell did. to the charge, which they thought were proper He is also asked, whether he can assign to be inserted; that it was delivered back any reason for the omission of them? To which to them on the 4th of last month; and that he answered, he did not consider the accompt some time after it was again in their possess as finally closed.
sion, they discovered the before-mentioned He is likewise asked, if he was not apprized • sum of 48,7991. 103. 11d. was also added to long ago of the several articles before-menthe charge without any notice to them. tioned? He admits he was, some years ago.
They are asked, whether they had any in- He is asked, whether it did not fall protercourse with the proper officers at the pay-perly within his duty at the pay-office, to see office, between the time of the accompt heing that the charge was properly made? He andelivered to them, and the transmission of it swered, it did; but that as Mr. Powell was to this board? To which they answer, they the accountant before him, he had left it to had frequent communications with Mr. Bem- him to settle and adjust this accompt. bridge, the accountant there, from the 10th He is asked, if that did not occur to him to the 15th of November, or thereabouts, to to be improper, Mr. Puwell being himself know if there were any other charges to come the person accounting? He answered, it did into the account; and being told there were mone, they drew out the pencil balance, con- Ile was asked, if he could conceive any sidering the accompt then as finally closed. motive which could induce Mr. Powell to
Mr. Powell attending, according to order, keep back the articles of the voluntary charge? is called in.
He answered, he could not. Mr. Powell is asked, whether at the time
Mr. Hughes and Mr. Wigglesworth are lord Holland's final accompt was delivered again called in. into the auditor's office, he was not aware They are acquainted that Mr. Powell and that many considerable articles were omitted Mr. Bembridge, in the course of their examiin the charge, whicho ught to have been in- nations, both declared, they did not consider serted? He admits he was.
the accompt as finally settled, when the pencil He is asked, whether any of them were of balance was agreed between Mr. Colborne, a such a nature as to make it at all doubtful clerk in the pay-office, and Mr. Plasted, a whether they should be included in the clerk under the deputy auditors; they are charge or not? He admits they were not. therefore again asked, whether they under
He is asked, whether he can then assign stood it to be so? and they repeat, that they any reason why they were onnitted ? He an- made frequent applications to Mr. Powell to swered, he did not consider the accompt to know if any more charges were to be added;
acquainting him in conversation, and writing deputies of the late lord Holland, deceased,
March 6th, 1783.- Present Mr. Pitt, chan-
Powell and Mr. Bembri:lge with respect to the My lords will have this business further keeping back the articles of a voluntary under their serious consideration, and will in-charge in the accompts of the late lord quire into the circumstances attending the Holland, he had thought it his duty to dismiss discharge of the sum of 2,845). 178. 10d. the former from his office of cashier of the
Let the several parties have notice to at- pay-office, and the latter from his offices of tend again on Tuesday next.
accountant in the pay-office, and deputy-pay
master at Quebec, to the last of which it February 22d, 1783.– Present Mr. Pitt, appears to him unnecessary to appoint a succhancellor of the excheqaer; Mr. Grenville; cessor, also informing their lordships that Mr. Jackson.
Mr. Powell still holds the offices of secretary Mr. Rose communicates to my lords a
and register of Chelsea-hospital, and joint letter he received from Mr. Powell of the agent to the invalids, under commissions pay office, on the 16th instant, saying, that signed by his majesty. from the distress of his mind the preceding
My lords are of opinion his majesty's pleaday, he believes he did not close his exami- sure should be taken respecting the two nation fully; and that he meant to say, the offices held by Mr. Powell, and direct a copy reason for keeping back the charges lately of the minutes of their examination, &c. to entered in lord Holland's accompt was, the be transmitted to lord Sydney, as the said distress of others, that of lord Holland's appointments originate with the secretary of family, from the debts due from his deputies, state for the home department. among whom is Mr. Bembridge, and hopes Read letter from Mr. Bembridge, dated 5th that will be permitted to stand as his answer. instant, transmitting a declaration from Mr.
Mr. Rose also communicates to my lords John Colborne, assistant clerk in the paya letter received from Mr. Bembridge on the office, that when he delivered the account of 19th instant, desiring their lordships may be the late lord Holland at the auditors office, informed, that he will pay the balance due previous to the late voluntary charge being from him as one of the deputies of Henry inserted, he considered it as an open account, lord Holland, deceased, in three weeks at agreeable to the constant practice with that farthest.
office; and that if the last inserted voluntary My lords being of opinion that it is highly charges had been omitted, and the account proper the paymaster-general should be ac- closed without them, it does not appear to quainted with the whole transaction re- him in what manner any one could have specting the keeping back the articles of the been advantaged by it, except the heirs of voluntary charge in the accompts of the late lord Holland. lord Holland, which were inserted after the
Transmit a copy thereof to the paymaster. balance was agreed, as a matter of very
general. serious importance both to the present and [By statute 21, Geo. 3, c. 43, after reciting future conduct of that office, direct that the int, al. that the commissioners appointed minutes of this board, of the 15th instant, under stat. 20, s. 3, c. 54, to examine, &c. and of this day, shall be immediately com- the public accounts of the kingdom, &c. had municated to the paymaster-general, that he reported int, al. that the sum of two hundred may take such measures thereupon, with fifty-six thousand four hundred fifty-six respect to his own office as he shall judge pounds two shillings and four pence was expedient and necessary.
remaining in the hands of John Powell, esq. My lords are also pleased to direct a full the only acting executor of the late right state of the case to be prepared by the soli- honourable lord Holland, deceased, late paycitor to this board, from the minutes of this master-general of his majesty's forces-It day, and the 15th instant, and that the same was enacted (s. 2), that on or before the be laid before the attorney and solicitor twenty-fourth day of October, in the year of general, as soon as possible, for their opinions, our Lord one thousand seven hundred and to know whether any, and what further eighty-one, the said sum of two hundred fiftyproceedings ought to be had in this business. six thousand four hundred fifty-six pounds
two shillings and four pence, remaining in On the 5th March 1783 at a board of Trea- the hands of the said John Powell, the sury a letter was read from Mr. Bembridge only acting executor of the said late right dated the 3rd, representing that he had honourable Henry lord Holland, deceased, or paid the balance due from him as one of the so much thereof as should then remain in