House of Lords Journal Volume 63: 4 April 1831

Die Lunæ, 4°Aprilis 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dickson et al. v. Cunninghame & L d Medwyn.

After hearing Cousel fully in the Cause wherein David Dickson Esquire, and others, are Appellants, and John Cunninghame Esquire and The Honorable John Hay Forbes Lord Medwyn are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Russell et al. v. E. of Breadalbane:

After hearing Counsel this Day upon the Petition and Appeal of Claud Russell Esquire, Accountant in Edinburgh, Trustee for John Campbell Esquire, Writer to the Signet, deceased, and his Creditors; and of The Reverend Doctor Snell Jones, Minister of Lady Glenorchy's Chapel in Edinburgh, Doctor John Abercrombie, Physician in Edinburgh, and Cosmo Falconer, Writer in Edinburgh, Trustees of the deceased James Lea, Dentist in Edinburgh; The Reverend James Haldane Stewart, Trustee of Miss Charlotte Stewart; and The Honorable Archibald Macdonald and Dudley Stewart Erskine Macdonald, both Sons of the deceased Alexander Lord Macdonald; all Creditors of the said John Campbell, Writer to the Signet, for themselves; complaining of an Opinion or Interlocutor of the consulted Judges of the First Division and permanent Lords Ordinary of the Court of Session in Scotland, of the 12th of June 1827; also of an Interlocutor of the Second Division of the said Court of Session there, of the 3d of July 1827; also of Two Interlocutors of the Lord Ordinary there, of the 13th and 17th of May 1828; and also of Two Interlocutors of the said Court of Session, of the Second Division, of the 18th of June and 4th of July 1829; and praying, "That the same might be reversed, varied or altered so far as complained of, 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 John Earl of Breadalbane put in to the said Appeal; and due Consideration had 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, so far as therein complained of, be, and the same are hereby Affirmed.

Sir G. Noel v. Rochfort et al:

After hearing Counsel as well on Thursday the 10th as on Thursday the 17th and Monday the 21st Days of February last, upon the Petition and Appeal of Sir Gerard Noel Noel; complaining of an Order and Direction of the Court of Chancery in Ireland, of the 19th of June 1828; and praying, "That the same might be reversed or discharged, 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 Lieutenant Colonel Gustavus Rochfort, Heir at Law, and of Richard Rochfort Esquire, acting Executor of Gustavus Rochfort Esquire, deceased; also upon the Answer of The Honorable William Middleton Noel, John Wedgwood, Henry Cutler and William Leake; and also upon the Answer of The Reverend Henry Rochfort, William Rochfort and Charles Rochfort Esquires, Gustavus Rochfort a Minor, John Staunton Rochfort, Gustavus Lambart and Robert Wybrants Esquires, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Issues amended, Remainder of Order Affirmed, & Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the First Issue be amended by leaving out all the Words after the first Word "satisfied;" and that the Second Issue be also amended by leaving out all the Words after the Word "Whether" to the Word "Bonds," and by substituting instead thereof the Words "by any other Deeds executed or Payments made, or in any other Way the Sums secured on the said Bonds have been paid, or the Debts created by the said Bonds released or otherwise satisfied:" And it is further Ordered and Adjudged, That in all other respects the said Order and Direction complained of in the said Appeal be, and the same are hereby Affirmed: And it is further Ordered, That, with the above Variation and Amendment, the Cause be remitted back to the Court of Chancery in Ireland, to proceed therein as shall be consistent therewith, and as shall be just.

Maxwell & Co. v. Stevenson & Co:

After hearing Counsel this Day upon the Petition and Appeal of Messieurs Maxwell and Company, Cornfactors in Leith; complaining of Two Interlocutors of the Judge Admiral in Scotland, of the 17th of September and 2d of November 1829; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 2d of March 1830; 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 Thomas Stevenson and Company, Merchants in Leith, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal be, and the same are hereby Reversed.

Hunter v. Gardner, Time for Recog ee extended.

Ordered, That the Time limited by the Standing Order for John Hunter to enter into a Recognizance, on account of his Appeal depending in this House, be extended to the first Day after the Recess at Easter.

Orford's Estate Bill, W. Foster to attend to be sworn to give Evidence before the Judges.

Ordered, That William Foster do attend this House on Thursday the 14th of this instant April, to be sworn, in order to his being examined as a Witness before the Judges to whom the Petition of Christian Anne Orford, on behalf of her infant Son William Orford, praying Leave to bring in a Bill for the Purposes therein mentioned, stands referred; and that he do produce before the said Judges Indentures of Lease and Appointment and Release, dated respectively on or about the 8th and 9th of November 1819, made between Richard Legh of the First Part, Thomas Crosse of the Second Part, Margaret France, Thomas Woods and William Berry of the Third Part, William Orford and William Foster of the Fourth Part, and Thomas Avison of the Fifth Part.

Adjourn.

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