House of Lords Journal Volume 63: 23 February 1831

Die Mercurii, 23 ° Februarii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Douglas & Thomas v. Brown & Craig:

After hearing Counsel, as well on Monday last as this Day, upon the Petition and Appeal of Henry Alexander Douglas of Old Broad Street, in the City of London, Merchant, and William Thomas the elder, of Friday Street, Cheapside, in the said City, Merchant, Assignees under a joint Commission of Bankrupt regularly issued in England, upon the Eleventh Day of August in the Year One thousand eight hundred and twelve, against John Stein, Thomas Smith, Robert Stein, James Stein and Robert Smith, who carried on Business as Bankers, Insurance Brokers and Merchants in Fenchurch Street, in the City of London, under the Firm of Stein, Smith and Company, and in the Royal Exchange, in the City of Edinburgh, under the Firm of Scott, Smith, Stein and Company, and of whom the said John Stein, Robert Stein and James Stein also carried on Business as Distillers at Cannonmills, in the Shire of Edinburgh, under the Firm of John Stein, and at Kilbagie, in the Shire of Clackmanan, under the Firm of Robert Stein and Company, and Daniel Fisher, Writer in Edinburgh, Mandatory of the said Assignees; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 31st of January 1829; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 2d of June 1829; 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 Walter Brown and James Gibson Craig put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Reversed, & Cause remitted.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Assignees of Stein, Smith and Company had no Power to homologate the Trust Deed, executed by John Stein in favour of the Respondents, for Behoof of the Creditors of the Distillery Companies: And it is therefore Ordered and Adjudged, That the several Interlocutors, complained of in the said Appeal, be, and the same are hereby Reversed: And it is further Ordered, That, with the said Declaration, the Cause be remitted back to the Court of Session, to proceed therein as shall be just.

Duff v. Fraser:

After hearing Counsel for the Appellant this Day upon the Petition and Appeal of Hugh Robert Duff of Muirtown, Esquire; complaining of an Interlocutor of the Lord Ordinary in Scotland of the 2d of June 1829; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 13th (signed the 14th) of November 1829; and praying, "That the same might be reversed, varied or altered, 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 Thomas Alexander Fraser of Lovat, Esquire, put in to the said Appeal; and Counsel appearing for the Respondent in the said Appeal; the Counsel were directed to withdraw:

Interlocutors Affirmed.

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.

Burntisland Whale Fishing Co. v. Trotter et al.

The House being informed, "That William Trotter Esquire, and others, Respondents to the Appeal of The Burntisland Whale Fishing Company, 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 Archibald Duncan, Solicitor, Supreme Courts, Edinburgh, 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.

Bulkley v. Wilford, Appellant's Petition to compress Appendix, referred to Appeal Com ee.

Upon reading the Petition of George Wilford Bulkley, Appellant in a Cause depending in this House, to which Anna Wilford is Respondent; praying, "That their Lordships will be pleased to order that he may be at liberty to withdraw his Appendix, and relodge the same when compressed:"

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.

Butt to enter into a Recog ee on Ewing's Appeal.

The House being moved, "That John Butt of College Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for William Ewing Esquire, on account of his Appeal depending in this House, he living in Scotland:"

It is Ordered, That the said John Butt may enter into a Recognizance for the said Appellant, as desired.

Maiden Newton Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands within the Parish of Maiden Newton, in the County of Dorset," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments were read by the Clerk as follow; (viz ^t.)

"Pr. 33. L. 14. Leave out from ("Newton") to ("shall") in Line 17.

"L. 20. Leave out ("deemed as Freehold Lands and")

"L. 21. After ("under") insert ("and subject to") and in the same Line after ("same") insert ("Titles, Tenures") and also in the same Line leave out from ("Rents") to ("Services") in Line 22.

"L. 23. Leave out ("Freehold")

And the said Amendments, being read a Second Time, were agreed to by the House.

Lunatics Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to diminish the Inconvenience and Expence of Commissions in the nature of Writs De lunatico inquirendo; and to provide for the better Care and Treatment of Idiots, Lunatics and Persons of unsound Mind, found such by Inquisition."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Friday next.

London Bridge Approaches Bill.

A Message was brought from the House of Commons, by Mr. Alderman Wood and others;

With a Bill, intituled, "An Act for enlarging the Powers of an Act passed in the Tenth Year of the Reign of His late Majesty, for improving the Approaches to London Bridge;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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