House of Lords Journal Volume 63: 24 November 1830

Die Mercurii, 24° Novembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Nicol v. Sir R. W. Vaughan et al.

The joint and several Answer of Sir Robert Williams Vaughan Baronet, John Bellenden Ker, John Bultiel, George Finch, Charles Fielding, Heneage Finch, Matilda Fielding, John Drummond and Georgiana Augusta his Wife, Lord Robert Stephen Fitzgerald and Lady Sophia Charlotte his Wife, Georgiana Matilda Drummond, Augusta Sophia Hicks, and James Henry Garrety, to the Petition and Appeal of William Nicol, the Administrator of the Goods, Chattels and Credits of George Nicol, late of Pall Mall, in the County of Middlesex, Bookseller, deceased, was this Day brought in.

M'Taggart v. Jeffrey:

The House proceeded to take into further Consideration the Cause wherein John M'Taggart Esquire is Appellant, and William Jeffrey is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Wednesday the 10th as on Thursday the 11th Days of this instant November, upon the Petition and Appeal of John M'Taggart Esquire, of Ardwell, for himself and others, as Executors of the deceased John M'Taggart Esquire, of Ardwell, his Father; complaining of an Interlocutor and Decree of the Lords of Session in Scotland, of the First Division, of the 28th of February 1828, in so far as it dismissed the Petitioner's Petition and Complaint, and found no Expences due to the Petitioner; and praying, "That the same might be reversed, varied or altered, in so far as complained of, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of William Jeffrey, Accountant in Glasgow, Trustee on the Sequestrated Estates of the Cotton Spinning and Manufacturing Company carrying on Business in Glasgow and Gorbals, some Time under the Firm of Alexander M'Kerlie, and some Time under the Firm of the Gorbals Spinning Company, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutor in part Reversed, with a Declaration, & Cause remitted.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Discharge in the Pleadings mentioned, and dated the 23d of August 1810, did not extend to exoner or discharge the House of M'Kerlie and M'Taggart, or the said Alexander M'Kerlie as an Individual, from any Monies paid by John M'Taggart the Father, or by his Executors, on account of the said House, or of the said Alexander M'Kerlie, subsequent to the Date of the said Discharge: And it is Ordered and Adjudged, That the said Interlocutor, complained of in the said Appeal, so far as is necessary to carry the above Declaration into Effect, be, and the same is hereby Reversed: And it is further Ordered, That with this Reversal and Declaration the Cause be remitted back to the First Division of the said Court of Session, to proceed therein according to the Terms of the Statute, 6° Georgii 4^ti, Cap. 120, and the Act of Sederunt made in pursuance thereof, and in conformity with this Judgment.

Society of Sol rs of Edinburgh v. Smillie et al:

After hearing Counsel for the Appellants, as well Yesterday as this Day, upon the Petition and Appeal of the Society of Solicitors before the Commissary, Sheriff and City Courts of Edinburgh, and John Gray, Præses, and Alexander Cameron, Clerk of the said Society or Corporation; complaining of Two Interlocutors of the Lords of Session in Scotland, of the First Division, of the 4th (signed the 5th) and 13th December 1828; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Matthew Smillie, Alexander Ross, John Harvey and Alexander Simson, Writers or Solicitors in Leith, put in to the said Appeal; and Counsel appearing for the spondents in the said Appeal; the Counsel were directed to withdraw:

Interlocutors Affirmed, with Costs.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House, and that the Interlocutors therein complained of, be, and the same are hereby Affirmed: And it is further Ordered, That the Appellants do pay or cause to be paid to the said Respondents, the Sum of One hundred Pounds for their Costs in respect of the said Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quintum diem instantis Novembris, horâ undecimâ Auroræ, Dominis sic decernentibus.