House of Lords Journal Volume 63: 10 November 1830

Die Mercurii, 10°Novembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

Russell v. D. of Bedford et al:

After hearing Counsel fully in the Two Causes wherein Mrs. Euphemia Russell or Innes is Appellant, and John Duke of Bedford, and others, are Respondents:

And Consideration being had thereof;

The following Orders and Judgments were made:

After hearing Counsel, as well on Yesterday as this Day, upon the Petition and Appeal of Mrs. Euphemia Russell or Innes, Relict of the deceased John Innes, Sheriff Substitute of Kincardineshire, and Executrix qua Relict decerned and confirmed to the said John Innes; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 17th of June, the 9th of July and 12th of November 1825; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 19th of June 1828; 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, might seem proper;" as also upon the Answer of His Grace John Duke of Bedford, His Grace John Duke of Atholl, His Grace Charles Duke of Richmond and Lennox, The Right Honorable George Earl of Aberdeen, Alexander George Fraser Lord Saltoun, Francis Lord Gray, The Honorable David Moneypenny Lord Pitmilly, John Gordon Esquire, of Cluny, John Innes Esquire, Merchant, Broad Street Buildings, London, James Alexander Stewart Mackenzie Esquire, of Seaforth, William Gordon Esquire, of Fyvie, Major John Anderson of Candacraig, Sir James Wellwood Moncreiff Baronet, The Reverend John Anderson, late Minister of Bellie, now residing at Fochabers, and William Paul Esquire, Accountant in Edinburgh, accepting Trustees nominated by the late Alexander Duke of Gordon, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors in 1st Cause 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.

After hearing Counsel, as well on Yesterday as this Day, upon the Petition and Appeal of Mrs. Euphemia Russell or Innes, Widow of the late John Innes Sheriff Substitute of Kincardineshire, and Executrix qua Relict decerned and confirmed to the said John Innes; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 28th of November 1827, so far as it refuses to request Lord Corehouse's Opinion; and also of an Interlocutor of the said Lords of Session, of the 21st of December 1827; 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 His Grace John Duke of Bedford, His Grace John Duke of Atholl, His Grace Charles Duke of Richmond and Lennox, The Right Honorable George Earl of Aberdeen, Alexander George Fraser Lord Saltoun, Francis Lord Gray, The Honorable David Monypenny Lord Pitmilly, John Gordon Esquire, of Cluny, John Innes Esquire, Merchant, Broad Street Buildings, London, James Alexander Stewart Mackenzie Esquire, of Seaforth, William Gordon Esquire, of Fyvie, Major John Anderson of Candacraig, Sir James Wellwood Moncreiff Baronet, The Reverend John Anderson, late Minister of Bellie, now residing at Fochabers, and William Paul Esquire, Accountant in Edinburgh, accepting Trustees nominated by the late Alexander Duke of Gordon, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors in 2d Cause 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.

M'Taggart v. Jeffrey.

After hearing Counsel, in Part, in the Cause wherein John M'Taggart Esquire is Appellant, and William Jeffrey is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off 'till To-morrow.

Pentland v. Ld. Gwydir et al.

Ordered, That the Cause wherein George Pentland is Appellant, and Peter Robert Lord Gwydir, and others, are Respondents, be heard by Counsel at the Bar Tomorrow.

Mackenzie et al. v. Anderson.

Ordered, That the Cause wherein Mrs. Jane Mackenzie or Mead, and others, are Appellants, and William Anderson is Respondent, be heard by Counsel at the Bar Tomorrow.

Sir S. Stirling & Pearson v. Kelly et al.

Upon reading the Petition and Appeal of Sir Samuel Stirling of Glorat, Baronet, and Alexander Pearson, Writer to the Signet, accepting and surviving Trustees of the deceased John M'Kenzie Esquire, some time of Garnkirk; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th November 1829, in so far as it repels the Objections of the Petitioners to the Accountant's Report; also of an Interlocutor of the said Lords Ordinary, of the 25th May 1830; also of Two Interlocutors of the Lords of Session there, of the Second Division, of the 2d February 1821 and the 11th of July 1821, in so far as it adheres to the Interlocutor reclaimed against, and refuses the Desire of the Petition; and also of Four Interlocutors of the said Lords of Session, of the 12th December 1829, the 20th of May and 3d and 10th of July 1830; and praying, "That the same may be reversed, varied or altered, in so far as complained of, and as prejudicial to the Petitioners, or that the Petitioners may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Mrs. Marian Kelly or M'Kenzie, William Leckie and Benjamin Mathie, surviving Trust Disponees of the deceased Alexander M'Kenzie, may be required to answer the said Appeal:"

It is Ordered, That the said Marian Kelly, William Leckie and Benjamin Mathie, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 8th Day of December 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.

6th Report of Tanjore Com rs delivered.

The House being informed, "That Mr. Parkhouse, from the Office of the Tanjore Commissioners, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"The Sixth Report of the Commissioners appointed under an Agreement concluded on the 11th February 1824, between The East India Company and the Private Creditors of His late Highness Ameer Sing, formerly Rajah of Tanjore."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Freeman et al. v. Fairlie et al. Appellants Petition that Appeal may stand in the Cause List, referred to Appeal Com ee.

Upon reading the Petition of Ann Freeman, William Tranter and Burgess Tranter, John Clarbour and Charlotte his Wife, some of the Appellants in a Cause depending in this House, to which William Fairlie, and others, are Respondents; praying their Lordships, "That, under the special Circumstances of this Case, and notwithstanding the Standing Order of 7th April 1720, this Appeal may stand in their Lordships List of Appeals until Elizabeth Oldham, and William Smith and Charlotte his Wife shall have prosecuted their Suit in the Court of Chancery with Effect, and shall apply to their Lordships, as permitted by the Order of the 28th April 1830:"

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.

Scott v. Yuille, Petition to revive, on Part of Respondent, referred to Appeal Com ee.

Upon reading the Petition of Mrs. Ann Cross, residing in Glasgow, Relict of the deceased Robert Yuille, Merchant there, James Ewing, William Mathieson and James William Alston, Merchants in Glasgow, John Cross Buchanan of Auchinteshan, in the County of Dumbarton, Neil Cross, Writer in Glasgow, George Yuille Shortridge, Merchant there, and Andrew Buchanan Yuille, Writer there, accepting Trustees and Executors of the late Robert Yuille, Merchant in Glasgow, late Respondent in a Cause depending in this House, to which Miss Elizabeth Scott is Appellant; praying, "That their Lordships will be pleased to order that this Appeal may stand revived in the Petitioners Names, as in Place and Stead of the said Robert Yuille, in respect of this Cause; and that the Petitioners may have the same Benefit of the said Appeal as the said Robert Yuille might have had if in Life:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Magistrates, &c. of Dundee et al. v. Kay & Morton:

Upon reading the Petition and Appeal of the Magistrates and Town Council of the Royal Burgh of Dundee, for themselves and in Name and on Behalf of the Corporation of the said Burgh, and of Alexander Balfour Esquire, and Messieurs Thomas Bell, John Symers, Andrew Brown, William Lindsay, Patrick Whitson, George Thoms, Alexander Reid, David Miln, Patrick Anderson, David Blair, George Symers, John Sturrock, James Brown, Alexander Meldrum, George Gardiner, Kinnaird Brown, Peter Thomson, Thomas Small, David Borrie senior, George Rough junior, William Lowden, James Smith junior, William Young and Alexander Crichton, who are the surviving Magistrates and other Members of Council and Deacons of Crafts elected at Michaelmas Eighteen hundred and twenty-seven for the Year ensuing; and of Thomas Bell Esquire, and Messieurs Patrick Whitson, George Thoms, Alexander Reid, James Brown, William Lindsay, Alexander Balfour, John Symers, Andrew Brown, David Baxter, David Blair, John Sturrock, Patrick Anderson, David Miln, James Soot, John Blair Miller, Robert Gray, James Small junior, James Gellatly, George Rough, Roderick Harris, William Thomson, David Hill, James Taws, John Young, Alexander Crichton, William Young and James Thomson, the surviving Magistrates and other Members of Council and Deacons of Crafts who were elected at Michaelmas Eighteen hundred and twentyeight for the Year ensuing; and of Thomas Bell Esquire, and Messieurs John Calman, James Smith, James Soot, John Blair Miller, William Hackney, Patrick Whitson, George Thoms, Alexander Reid, James Brown, William Lindsay, Patrick Anderson, David Miln, David Blair, Alexander Balfour, John Sturrock, Alexander Meldrum, James Thomson, Peter Thomson, George Rough junior, Roderick Harris, William Thomson, David Hill, John Young, James Taws, Alexander Crichton, William Young, Alexander Watson and John Fullerton, the surviving Magistrates and other Members of Council and Deacons of Crafts who were elected at Michaelmas Eighteen hundred and twenty-nine for the Year ensuing; and of Alexander Balfour Esquire, and Messieurs Patrick Whitson, George Thoms, James Brown, John Sturrock, William Hackney, Thomas Bell, John Calman, James Soot, John Blair Miller, David Baxter, David Blair, Alexander Meldrum, Patrick Anderson, John Symers, David Miln, Andrew Brown, John Gray, James Reid, James Thomson, George Rough, Roderick Harris, David Borrie junior, David Hill, John Young, Andrew Dempster, Alexander Crichton, James Miller, Alexander Watson and John Fullarton, the Magistrates and other Members of Council and Deacons of Crafts who were elected at Michaelmas Eighteen hundred and thirty for the Year ensuing; complaining of Three Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 31st of May and 9th of July 1828, and the 9th (signed the 10th) of March 1830; and praying, "That the same may be reversed, varied or altered, 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 Alexander Kay and John Morton may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Kay and John Morton may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 8th Day of December 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.

Richardson to enter into a Recog ce on it.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for the Magistrates and Town Council of the Royal Burgh of Dundee, and others, on account of their Appeal depending in this House, they being in Scotland:"

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

Adjourn.

Dominus Wynford declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Novembris, horâ decimâ Auroræ, Dominis sic decernentibus.