House of Lords Journal Volume 62: 11 February 1830

Die Jovis, 11 Februarii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Russell et a v. E. of Breadalbane:

Upon reading the Petition and Appeal of Claud Russell Esquire, Accountant in Edinburgh, Trustee for John Campbell Esquire, Writer to the Signet, deceased, and his Creditors; and of The Reverend Doctor Snell Jones, Minister of Lady Glenorchy's Chapel in Edinburgh, Doctor John Abercrombie, Physician in Edinburgh, and Cosmo Falconer, Writer in Edinburgh, Trustees of the deceased James Lea, Dentist in Edinburgh; The Reverend James Haldane Stewart, Trustee of Miss Charlotte Stewart; and The Honorable Archibald Macdonald and Dudley Stewart Erskine Macdonald, both Sons of the deceased Alexander Lord Macdonald; all Creditors of the said John Campbell, Writer to the Signet, for themselves; complaining of an Opinion or Interlocutor of the consulted Judges of the First Division and permanent Lords Ordinary of the Court of Session in Scotland, of the 12th of June 1827; also of an Interlocutor of the Second Division of the said Court of Session there, of the 3d of July 1827; also of Two Interlocutors of the Lord Ordinary there, of the 13th and 17th of May 1828; and also of Two Interlocutors of the said Court of Session, of the Second Division, of the 18th of June and 4th of July 1829; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Earl of Breadalbane may be required to answer the said Appeal:"

It is Ordered, That the said John Earl of Breadalbane may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 11th Day of March next; and Service of this Order upon the said Respondent, or upon any of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recog ce on it.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Claud Russell Esquire, and others, on account of their Appeal depending in this House, they being resident in Scotland:"

It is Ordered, That the said David Robertson may enter into a Recognizance for the said Appellants, as desired.

M. of Westmeath v. M. of Salisbury et al. March. of Westmeath's Petition for final Decision, referred to Appeal Com ee.

Upon reading the Petition of Emily Marchioness of Westmeath, One of the Respondents in a Cause depending in this House, to which George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents; praying their Lordships "to take this Appeal into their immediate Consideration, and decide thereon forthwith:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Freeman et al. v. Fairlie et al. Appellants Petition to enlarge Time for entering into Recog ce, referred to Appeal Com ee.

Upon reading the Petition of Ann Freeman, and others, Appellants in a Cause depending in this House, to which William Fairlie, and others, are Respondents; praying their Lordships, "That the Time for entering into the Recognizance on this Appeal may be enlarged; and that the further Proceedings in the said Appeal may be suspended until after the Hearing, in the Court of Chancery, of the new or original Cause, in the Nature of a Supplemental Cause, instituted by Elizabeth Oldham, and William Smith and Charlotte his Wife, Heirs at Law ex-parte paternâ of Samuel Oldham the Intestate; and that their Lordships will be pleased to appoint an early Day for the Hearing of this Petition:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Law respecting Real Property, Report on, delivered.

The Earl of Shaftesbury laid before the House, pursuant to an Address to His Majesty of Tuesday last,

"A Copy of the First Report made to His Majesty by the Commissioners appointed to enquire into the Law of England respecting Real Property."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Report be printed.

Napier v. Goldie et al:

Upon reading the Petition and Appeal of John Napier Esquire, of Mollance, complaining of Two Interlocutors of the Court of Session in Scotland, of the First Division, of the 1st of December (signed the 3d) 1829 and the 21st (signed the 26th) of January 1830, in so far as they alter the Findings in the Interlocutor of the Lord Ordinary of the 11th of July 1829; and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Alexander Goldie, the common Agent, Alexander Crombie, Lady Gordon and Xaveria Glendonwyn, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Goldie, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 11th Day of March next; and Service of this Order upon the said Respondents, or any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Macdougall to enter into a Recog ce on it.

The House being moved, "That Alexander Henderson Macdougall of Parliament Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Napier Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said Alexander Henderson Macdougall may enter into a Recognizance for the said Appellant, as desired.

Harris v. Kemble et al.

The House being informed, "That Francis Const, William Harrison and James Trotter, some of the Respondents in the Appeal wherein Henry Harris is Appellant, and Charles Kemble, and others, are Respondents, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of George Hembrow, Clerk to William Henry Surman of Lincoln's Inn, in the County of Middlesex, Solicitor, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Douglas et al. v. Brown & Craig.

The House being informed, "That Walter Brown and James Gibson Craig, Respondents to the Appeal of Henry Alexander Douglas, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Daniel Fisher of the City of Edinburgh, Solicitor in the Supreme Courts of Scotland, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Allen et al. v. Winter et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein James Allen, and others, are Appellants, and James Winter, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Distress of the Country, Petition from Stow-on-the-Wold respecting.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Proprietors of Land, Farmers and Tradesmen at and in the Neighbourhood of Stow-on-the-Wold, in the County of Gloucester; praying their Lordships "to search into the Cause of and provide a Remedy for the general Distress, by repealing the Malt and Beer Duties, in as much as such Repeal would benefit the suffering Classes generally, but particularly the Poor Labourers, by placing within their Reach a resuscitating and wholesome Beverage:"

It is Ordered, That the said Petition do lie on the Table.

East India Co. Papers respecting, referred to Com ee on the Affairs of.

Ordered, That the several Papers relating to the Finances of The East India Company Abroad and at Home, and the Trade of India and China, presented to the House on Tuesday last, be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, duodecimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.