House of Lords Journal Volume 62: 8 February 1830

Die Lunæ, 8 Februarii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harris v. Kemble et al.

The separate Answer of Charles Kemble, John Saltren Willett and John Forbes, to the Petition and Appeal of Henry Harris, was this Day brought in.

Galbraiths v. Galbraith.

As was also, The Answer of Richard Galbraith Esquire, of Cappahard, in the County of Galway, in Ireland, to the Petition and Appeal of James Galbraith, eldest lawful Son of the deceased Archibald Galbraith, late Farmer at Honeyholm, and John Galbraith senior, Cloth Merchant in Glasgow, Administrator in Law to the said James Galbraith.

Appeal Com ee appointed:

Ordered, That the Lords following be appointed a Committee 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; and to report to the House:

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

All Lords added to the Com ee.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the said Committee, be added thereto.

Freeman et al. v. Fairlie et al.

Upon reading the Petition and Appeal of Ann Freeman, William Tranter and Burgess Tranter, John Clarbour and Charlotte his Wife, and Sarah Moulding Widow; complaining of an Order of the Court of Chancery of the 17th Day of November 1828, made in Four certain Causes, in the first of which Ann Freeman, William Tranter and Burgess Tranter, John Clarbour and Charlotte his Wife, and Sarah Moulding Widow, are Plaintiffs, and William Fairlie, (since deceased,) and His Majesty's Attorney General, and the United Company of Merchants trading to the East Indies, (both since dismissed,) Osman Jefcock and John Barnett, are Defendants, by Supplemental Bill; in the second, Ann Freeman, William Tranter and Burgess Tranter, John Clarbour and Charlotte his Wife, and Sarah Moulding Widow, are Plaintiffs, and Thomas Oldham (Administrator of Samuel Oldham) is Defendant, by further Supplemental Bill; in the third, Ann Freeman, William Tranter and Burgess Tranter, John Clarbour and Charlotte his Wife, and Sarah Moulding Widow, are Plaintiffs, and John Innes (Executor of the said William Fairlie deceased) is Defendant, by Bill of Revivor; and in the last, Ann Freeman, William Tranter and Burgess Tranter, John Clarbour and Charlotte his Wife, and Sarah Moulding Widow, are Plaintiffs, and John Eborall (the Heir at Law ex-parte maternâ of the said Samuel Oldham) and William Butt (Administrator de bonis non of Hannah Haigh) are Defendants, by further Supplemental Bill; and praying, "That the same may be reversed or varied, and that their Lordships will be pleased to make such Order in the Premises as shall be just and right; and that the said William Fairlie, and the several other Defendants above mentioned, may be required to answer the said Appeal:"

It is Ordered, That the said William Fairlie, and the several other Defendants above mentioned, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 22d Day of this instant February; and Service of this Order upon the Defendants Clerks in Court in the said Causes shall be deemed good Service.

Kennedy's et al. Petition referred to Judges in Scotland.

Upon reading the Petition of Thomas Francis Kennedy of Dunure, Esquire, the Heir of Entail in Possession of the entailed Lands and Estate of Dunure, and others, in the County of Ayr, and of the other Persons whose Names are thereunto subscribed, also Heirs of Entail of the said entailed Lands and Estate; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord President of the Court of Session in Scotland, and Lord Moncrieff in Scotland, who are forthwith to summon all Parties before them, who may be concerned in the Bill, and, after hearing all the Parties, and perusing the Bill, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and are to sign the said Bill.

Sir J. Montgomery et al. v. M. of Queensberry, & Selkrig:

Upon reading the Petition and Appeal of Sir James Montgomery of Stanhope, Baronet, William Murray of Henderland, Esquire, and Edward Bullock Douglas, some time of the Inner Temple, Esquire, surviving Trustees and Executors of the late William Duke of Queenberry; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, dated the 7th and signed the 11th Day of March 1828; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Charles Marquess and Earl of Queensberry, and Charles Selkring, Accountant in Edinburgh, his Trust Assignee, may be required to answer the said Appeal:"

It is Ordered, That the said Charles Marquess and Earl of Queensberry, and the said Charles Selkring, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 8th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into a Recog ce on it.

The House being moved, "That James Chalmer of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir James Montgomery Baronet, and others, on account of their Appeal depending in this House, they being in Scotland or out of the Kingdom:"

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

M. of Bute v. Couper et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of John Couper, and others, Respondents in a Cause depending in this House, to which John Crichton Marquess of Bute is Appellant; praying their Lordships, "That they may be at liberty to lodge their Cases forthwith, or within such other Time as their Lordships shall deem proper:"

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.

Allardice & Boswell v. Robertson, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of John Robertson, Respondent in a Cause depending in this House, to which Robert Barclay Allardice and John Boswell Esquires are Appellants; praying, "That their Lordships will be pleased to grant him Leave to lodge his Case:"

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.

Vine v. Doe:

Upon reading the Petition of John Doe, Defendant in a Writ of Error depending in this House, wherein Thomas Vine is Plaintiff; setting forth, "That the Plaintiff in Error hath not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That their Lordships will be pleased to order a Non-pros. to be entered on the said Writ of Error, with such Costs as their Lordships shall please to direct:"

Writ of Error Non-pros'd, with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay or cause to be paid to the Defendant in Error the Sum of Forty Pounds, for his Costs, by reason of the Delay of the Execution of the said Judgment.

Logan et al. v. Wienholts.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Sarah Logan, and others, are Appellants, and Mary Wienholt and John Birkett Wienholt 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.

The Attorney General v. Winstanley, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein The Attorney General is Plaintiff, and Thomas Winstanley is Defendant:"

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

Thomson v. Dr. Williamson et al.

The House being informed, "That Doctor James Williamson, and others, Respondents to the Appeal of James Thomson Esquire, 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 James Dalgleish of the City of Edinburgh, Writer to the Signet, 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.

Dickson et al. v. Cunninghame & Ld. Medwyn.

The House being informed, "That John Cunninghame Esquire and The Honorable John Hay Forbes Lord Medwyn, Respondents to the Appeal of David Dickson Esquire, 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 James Swan of the City of Edinburgh, Writer to the Signet, 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.

Brack v. Johnston et

The House being informed, "That George Johnston, and others, Respondents to the Appeal of William Brack, 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 William Martin of the City of Edinburgh, Solicitor, Supreme Courts, 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.

Gaols, reports specting, elivered.

The Earl of Shaftesbury laid before the House, pursuant to the Directions of an Act of Parliament,

"Copies of all Reports relative to the Gaols of England and Wales, and of Schedule (B.) transmitted to the Secretary of State, pursuant to the 24th Section of the 4th Geo. 4, Cap. 64, and 14th Section of the 5th Geo. 4, Cap. 12;" together with a List thereof.

Which List was read by the Clerk as follows; (viz ^t.)

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

Private Bills, Orders respecting.

Ordered, That this House will not receive any Petition for a Private Bill after Thursday the 25th Day of March next.

Ordered, That this House will not receive any Report from the Judges, upon Petitions presented to this House for Private Bills, after Wednesday the 21st Day of April next.

Ordered, That the said Orders be printed and published, and affixed on the Doors of this House and Westminster Hall.

Message from H.C. for Minutes of Evidence on the Coal Trade:

A Message was brought from the House of Commons, by Mr. Tennyson and others, as follows:

"My Lords,

"The Commons have directed me to request, That your Lordships will be pleased to communicate to them, A Copy of the Minutes of the Evidence taken during the last Session of Parliament before the Select Committee of the House of Lords appointed to inquire into the State of the Coal Trade."

And then they withdrew.

Evidence delivered.

It was moved, "That the said Minutes of Evidence be communicated to the Commons."

The same was agreed to; and Ordered accordingly.

The Messengers were again called in; and a Copy of the said Minutes of Evidence was delivered to them, as desired.

The King's Answer to the Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Thursday last; to which His Majesty was pleased to return the following most gracious Answer; (viz ^t.)

"My Lords,

"I thank you for your loyal and dutiful Address.

"I rely with just Confidence on your zealous Cooperation in all Measures calculated to improve the Condition of My Subjects, and to maintain the Honour and high Character of the Country."

Ordered, That the said Address, together with His Majesty's most gracious Answer thereto, be forthwith printed and published.

Slaves in Trinidad, &c. Order in Council respecting, delivered.

The Lord President (by His Majesty's Command) laid before the House,

"An Order of the King in Council for consolidating the several Laws recently made for improving the Condition of the Slaves in His Majesty's Colonies of Trinidad, Berbice, Demerara, St. Lucia, the Cape of Good Hope and Mauritius;" dated the 2d of February 1830.

And the Title thereof being read by the Clerk;

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Allardice & Boswell v. Robertson, Leave to annex Bill of Exceptions.

Upon reading the Petition of Robert Barclay Allardice and John Boswell Esquires, Appellants in a Cause depending in this House, to which John Robertson is Respondent; setting forth, "That the Petitioners did on the 23d Day of May last present their Petition of Appeal to their Lordships, complaining of Two several Interlocutors of the Lords of the Second Division of the Court of Session in Scotland, of the 13th of December 1827, and 14th May 1829, and Four several Orders of the Jury Court there, of the 7th March, the 10th July and 19th December 1828, and 15th January 1829, pronounced in an Action of Damages raised against the Petitioners by the said Respondent; to which Appeal the said Respondent has put in his Answer, but hath not yet delivered to the Clerk of the Parliaments his printed Case upon such Appeal: That since presenting the said Petition, Doubts have been entertained how far, under the several Acts of Parliament regulating Appeals to this House, it was necessary in this Case to annex to the said Petition a Bill of Exceptions tendered on the Petitioners Behalf, and disallowed by the Interlocutor of the 14th May, appealed from to their Lordships; and the Petitioners have been advised, in order to remove such Doubts, and to enable their Lordships to adjudicate on the entire Merits of the Case, humbly to prefer their Petition to their Lordships for Leave to annex such Bill of Exceptions to their said Petition of Appeal;" and therefore praying their Lordships, That they may be at liberty to annex to their said Petition of Appeal the Bill of Exceptions so disallowed by the Order of the 14th May, appealed against to their Lordships:"

It is Ordered, That the Petitioners be at liberty to annex to their said Petition of Appeal the Bill of Exceptions so disallowed by the Order of the 14th of May, appealed against, as desired.

Stewart v. Fullarton et al.

Ordered, That the Cause wherein Frederick Campbell Stewart Esquire is Appellant, and Stewart Murray Fullarton Esquire, and others, are Respondents, be heard by Counsel at the Bar on Wednesday next.

Bruce v. Bruce.

Ordered, That the Cause wherein James Carstairs Bruce Esquire is Appellant, and Thomas Bruce Esquire is Respondent, be heard by Counsel at the Bar on Wednesday next.

Logans v. Wright et al:

Upon reading the Petition and Appeal of Walter Logan Esquire, of Fingalton, and John Maxwell Logan younger, of Fingalton; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 15th December 1829, in so far as it alters the Interlocutors of the Sheriff of Lanarkshire, and finds that the said Feuars or Proprietors have a Right of Property in the Waterside Ground in question, and that no other Person has made out a Right of Property to the said Ground; 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 Wright, John Paterson, James Wright, Peter M'Kinnon, Thomas Jamieson, Thomas Young, Mrs. Sarah Truman, Duncan Yuille, William Scouler, John Andrew, David Scales, John Gunnock, James Govan, William Gibson, John Burnet, James Henry, David M'Michael, James Taylor and Brothers, James Taylor, John Gemmill, John Kirkwood, Peter M'Nab, Mrs. Thomson, Adam Dalglish, Alexander Maclister, Mrs. Shanks, Archibald Arthur, Henry Knox, James Nisbet, William Wilson, James Hunter, Matthew Paterson junior, John Colquhoun, Mrs. Jane M'Lean, Duncan Wright, Mrs. Christian Bowman, John Wilson, Elizabeth Wilson, Christian Wilson, Hugh Cameron, James Lamb, Robert Fotheringham, James Rutherford, James M'Crindle, Mrs. Janet Muir, Thomas Muir, Charles Paterson, Thomas Wright, James Millar, Mrs. Ann Truman, Edward Jackson, John M'Callum, Reverend James Gardner, John Campbell and Alexander Gardner may be required to answer the said Appeal:"

It is Ordered, That the said John Wright, 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 Monday the 8th Day of March next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Caldwell to enter into a Recog ce on it.

The House being moved, "That David Caldwell of Golden Square, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Walter Logan Esquire and John Maxwell Logan, on account of their Appeal depending in this House, they residing in Scotland:"

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

Grahame v. Jolly.

Upon reading the Petition and Appeal of Francis Grahame Esquire, of Morphie, in the County of Kincardine, in Scotland; complaining of Six Interlocutors of the Lord Ordinary in Scotland, of the 5th Day of December 1820, the 17th Day of November 1821, the 22d Day of May and 14th Day of June 1822, the 14th Day of June 1828 and the 13th Day of November 1829; and also of Three Interlocutors of the Lords of Session there, of the Second Division, of the 24th Day of February 1824, the 12th Day of December 1827 and the 2d Day of July 1829, except in so far as this last one refuses the Desire of the reclaiming Note for Stewart Jolly; and praying, "That the same may be reversed, varied or altered, 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 Stewart Jolly, in Morphie, may be required to answer the said Appeal:"

It is Ordered, That the said Stewart Jolly may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 8th Day of March next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday the 18th of this instant February.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday the 25th of this instant February.

Report from the Journal Comee.

The Earl of Shaftesbury reported from the Lords SubCommittees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Ireland, and Lords of Parliament, and to peruse and perfect the Journals of this and former Sessions of Parliament; "That the Committee had met, and had come to the following Resolution; (viz ^t.)

"Resolved, That there being now ready for Delivery the 55th Volume of the Journals, containing the Two Sessions of 1822 and 1823, beginning the 5th of February 1822 and ending the 25th of November 1823, with Sessional Indexes thereto, and also the 61st Volume, beginning the 5th of February 1829 and ending the 10th of December 1829, with an Index thereto, which Volumes have been printed in pursuance of the Order of the House of the 15th of June 1793, the said Volumes be delivered in the same Manner as the preceding Volumes of the Journals have been delivered."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Adjourn.

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