House of Lords Journal Volume 63: 4 December 1830

Die Sabbati, 4° Decembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wilson et al. v. Sinclair.

After hearing Counsel fully in the Cause wherein Archibald Wilson, and others, are Appellants, and Duncan Sinclair is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off to Tuesday next.

Cogan v. Lyon et al:

The House proceeded to take into further Consideration the Cause wherein Hugh Cogan is Appellant, and George Lyon, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel on Tuesday the 30th Day of November last upon the Petition and Appeal of Hugh Cogan, Officer of Excise at Forthdale, in the Island of Lewis, in the Hebrides, only surviving Son of the Marriage between Alexander Cogan, some Time Officer of Excise in Glasgow, now at Barrhead, in the Parish of Neilston, and the now deceased Ann Mac Indoe his Wife; complaining of Three Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 29th Day of May 1823, 27th Day of May 1825 and the 7th Day of December 1826; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of George Lyon, Tinsmith in Glasgow, James Stewart, Grocer there, and John Ramsey, Wright there, Trustees named in the Disposition and Deed of Settlement after mentioned, executed by the now deceased Ann Cumming, some Time Wife, afterwards Widow, of Robert Hunter, some Time Candlemaker in Glasgow; Mary Murray, residing in Glasgow, some Time Wife of the deceased John Wilson, late Soldier in the 71st Regiment of Foot, now Wife of John Hannar or Hannah, Stocking Weaver in Glasgow; Hunter Birkmyre, Weaver in Glasgow, and Elizabeth Birkmyre and Isabel Birkmyre, his lawful Children, the said Isabel Birkmyre being now Wife of Gavin Allan, Weaver in Glasgow, and the said Gavin Allan for his Interest; The Reverend Gavin Gibb, Doctor of Divinity, Minister of the Gospel of Saint Andrew's Parish, in Glasgow; and Lawrence Hill, Writer in Glasgow, Treasurer and Clerk of that Charitable Corporation there called Millan's Charity, for themselves and on behalf of said Corporation or Charity, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors Affirmed.

It is 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.

Com rs of Charitable Donations et al. v. Harris et al:

The House (according to Order) proceeded to take into further Consideration the Cause wherein The Commissioners of Charitable Donations, and others, are Appellants, and Thomas Harris, and others, are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Monday the 5th Day of April as on Thursday last, upon the Petition and Appeal of The Commissioners of Charitable Donations and Bequests, and of Francis Dillon and Mathew Dillon Thomas Esquires; complaining of a Decree of the Court of Exchequer in Ireland, of the 12th of June 1828, and praying, "That the same might be reversed or varied, or that the Appellants might have such further Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the joint and separate Answers of Thomas Harris, Arthur Wise and John Robinson, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Decree Reversed, with a Declaration, & Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal, be, and the same is hereby Reversed: And it is Declared, That the ulterior Limitations to the Charitable Uses in the said Decree mentioned had taken Effect; and that Thomas St John Dillon deceased, in the Pleadings mentioned, did not become absolutely entitled to the said Personal Fortune; and that the Respondent John Robinson is not entitled thereto by virtue of the Wills of Thomas St John Dillon and Anne Dillon otherwise Robinson: And it is further Ordered, That the said Cause be remitted back to the said Court of Exchequer, to do therein as shall be just and consistent with this Judgment, without Prejudice to such Claim as the Executors may be advised to make to an Allowance in their Accounts of any Monies paid over by them to Thomas St John Dillon in respect of the said Property.

Haig v. Sir W. J. Homan et al:

The House (according to Order) proceeded to take into further Consideration the Cause wherein Robert Haig Esquire is Appellant, and Sir William Jackson Homan Baronet, and others, are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel Yesterday upon the Petition and Appeal of Robert Haig of Roebuck, in the County of Dublin, Esquire, which Appeal, upon the Death of One of the Respondents, Mrs. Maria Faviere Widow, was, by Order of this House of the 4th Day of November last, revived and restored to the same State, Plight and Condition as the same was in at the Time of the Death of the said Maria Faviere; complaining of Three Orders or Decrees of the Court of Chancery in Ireland, of the 15th of February 1825, and the 1st of March and 27th of June 1826; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the separate Answer of Anthony L'Estrange; and also the joint and several Answers of Sir William Jackson Homan Baronet, Henry Arabin, Louisa House, Thomas Parsons Poe and Gertrude his Wife, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Judgment.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the 15th of February 1825 be varied, by striking out thereof all the Words from "deemed and taken" down to the Word "Execution" inclusive, and by inserting in lieu thereof the Words following; that is to say, "if they have already been renewed, to have been renewed for the Benefit of the said Plaintiffs, and as a Security for the Two Annuities of £300 and £200 a Year, in the Pleadings mentioned, and of the Arrears thereof for the Terms respectively of 21 Years from the Date of the last Renewal or new Lease of said Lands and Premises obtained by the said Defendant Robert Haig from The Lord Bishop of Kilmore; and if the same have not been already renewed, then that the said Leases be renewed to Edward Shannon upon the Trusts of the Deed of 22d June 1809, in the Pleadings mentioned;" and by adding, after the Words "prior to the Plaintiff's said Annuities," the Words following; that is to say, "and in taking such Account, declare that the Arrears of Rents, Renewal Fines and Quinquennial Fines payable under the said Leases of 3d and 7th November 1791 are Charges upon the said Lands and Premises prior to the Plaintiff's said Annuities:" And it is further Ordered, Adjudged and Decreed, That the said Trusts of the said Deed of 22d June 1809 be carried into full and effectual Execution: And it is, by Consent of all Parties, further Ordered and Adjudged, That the Decretal Order, bearing Date the 1st of March 1826, whereby The Lord Chancellor of Ireland was pleased to order and decree that it should be referred back to Roderick Connor Esq^r to vary the Report of the said Master therein referred to, pursuant to the Rules made on the special Point in the said Report contained, and on Exception taken, be, and the same is hereby discharged: And it is further Ordered and Adjudged, That the said Decree bearing Date the 27th June 1826, be, and the same is hereby Reversed: And it is further Ordered, That the Cause be remitted back to the Court of Chancery in Ireland, to proceed as the Justice of the Case may require, consistently with the Declarations herein contained.

Mactavish v. Scott et al.

After hearing Counsel fully in the Cause wherein John Mactavish is Appellant, and James Scott, and others, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off to Tuesday next.

Megget & Roy v. Douglas.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Thomas Megget and James Roy are Appellants, and Alexander Douglas is Respondent, ex-parte, the Respondent not having put in his Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

Macdougall v. Purrier.

Ordered, That the Cause wherein Alexander Macdougall is Appellant, and John Vincent Purrier is Respondent, be heard by Counsel at the Bar on Tuesday next.

Sir G.N. Noel v. Rochfort et al.

Ordered, That the Cause wherein Sir Gerard Noel Noel Baronet is Appellant, and Gustavus Rochfort, and others, are Respondents, be heard by Counsel at the Bar on Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, sextum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.