House of Lords Journal Volume 63: 21 September 1831

Die Mercurii, 21 °Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Sir W. Rae v. Ld. Dundas et al.

The separate Answer of the Magistrates and Town Council of the Burgh of Kirkwall to the Petition and Appeal of His Majesty's Advocate, for His Majesty's Interest, was this Day brought in.

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

After hearing Counsel, in Part, in the Cause wherein John Bellenden Ker Esquire, and others, are Appellants, and Sir Robert Williams Vaughan Baronet, and others, are Respondents:

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

Macdonald v. Mackie & Co:

After hearing Counsel this Day upon the Petition and Appeal of William Macdonald of St. Martin's, Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 9th of March and 1st of June 1830; 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 Messieurs Mackie and Company, Plumbers in Perth, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Cause remitted, with a Declaration, & Direction.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause be remitted back to the Court of Session to review the Interlocutors complained of: And the Lords do Declare, that this House is of Opinion, that there is in this Case a relevant Allegation of a Breach of Contract, but the Facts of the Case not appearing upon the Record with Distinctness sufficient to enable this House satisfactorily to pronounce any Judgment therein, it is further Ordered, That the said Second Division of the Court of Session do take the proper Steps for remitting the said Cause to the Lord Ordinary by whom it was prepared, with Instructions to his Lordship to open up the Record, and to cause the whole written Pleadings to be revised and prepared in strict Conformity with the Acts of Sederunt relating thereto, and to the Provisions of the Statute passed in the Sixth Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for the better regulating of the Forms of Process in Courts of Law in Scotland;" and thereafter, in case the Facts shall not be sufficiently established by Admissions of Parties in such revised Pleadings, to cause a proper Issue or Issues to be tried by a Jury, for the Purpose of determining whether any Breach of Contract was committed by the Defender, and how far the Pursuer was injured thereby; and further to do therein as shall be just and consistent with the above Declaration.

Dick v. Cuthbertson, et e con.

After hearing Counsel fully in the Cause wherein John Dick Esquire is Appellant, and Donald Cuthbertson is Respondent, et e contra:

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

Clare Presentments Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Treasurer of the County of Clare to issue his Warrants for the levying of the Presentments made at the Spring Assizes of the Year One thousand eight hundred and thirty-one."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Roupell;

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Spring Guns Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to permit the setting of Spring Guns and Man Traps in certain Cases."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by the former Messengers;

To carry down the said Bill, and desire their Concurrence thereto.

Surplus Ways & Means Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to apply the Surplus of Ways and Means, and a Sum out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-one."

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 To-morrow.

Waterloo Bridge New Street Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to authorize and empower the Commissioners appointed by an Act of the Seventh Year of His late Majesty King George the Fourth, for extending to Charing Cross, the Strand and Places adjacent, the Powers of an Act for making a more convenient Communication from Mary-le-bone Park, to make and form a new Street from the Strand to Charles Street, Covent Garden, and to widen the North End of Bow Street into Long Acre; and for other Purposes."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Sir W. Rae v. Ld. Dundas et al. Petition of some Respondents to lodge their Case, referred to Appeal Comee.

Upon reading the Petition of the Magistrates and Town Council of the Burgh of Kirkwall, some of the Respondents in a Cause depending in this House, wherein Sir William Rae Baronet is Appellant, and Lawrence Lord Dundas, and others, are Respondents; praying, "That their Lordships may be pleased to give Directions that their Case may be received:"

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.

Hunter v. Cochrane's Trustees, Respondents Petition for an early Day, referred to Appeal Comee.

Upon reading the Petition of the Trustees of The Honorable Basil Cochrane, Respondents in a Cause depending in this House, to which George Hunter Esquire is Appellant; praying, "That their Lordships would be pleased to appoint this Cause to be heard on such early Day in the present Session as may suit the Convenience of this House, as it would prove of great Benefit and Advantage to all the Parties interested under the Will and Settlements of the said Basil Cochrane, and to the Parties in the Suit in the Court of Chancery, if the present Appeal were now discussed:"

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

Smithfield Market, Petition of Society for promoting Humanity to Animals, for Removal of.

Upon reading the Petition of the Members and the Friends of the Association for promoting rational Humanity towards the Animal Creation, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the intolerable Nuisances and atrocious Cruelties to Cattle, which are solely dependent upon the inadequate Space and ineligible Situation of Smithfield as a Metropolitan Cattle Market, and remove the same:"

It is Ordered, That the said Petition do lie on the Table.

3d Report on Practice in Courts of Common Law, delivered.

The Lord Melbourne laid before the House, pursuant to an Address to His Majesty of the 1st Day of this instant September,

"The Third Report made to His Majesty by the Commissioners appointed to enquire into the Practice and Proceedings of the Superior Courts of Common Law."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Report be printed.

Game Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act to amend the Laws in England relative to Game;" and for the Lords to be summoned;

The House was accordingly adjourned during Pleasure, and again put into a Committee upon the said Bill.

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Bill, as amended, be printed.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Turnpike Roads (Scotland) Bill, Report from Select Comee.

The Earl of Rosslyn reported from the Lords Committees appointed a Select Committee to consider of the Bill, intituled, "An Act for amending and making more effectual the Laws concerning Turnpike Roads in Scotland;" "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

Ordered, That the said Bill, with the Amendments, be printed.

Gillon v. Mackinlay et al.

Ordered, That the Cause wherein William Downe Gillon Esquire is Appellant, and Archibald Mackinlay, and others, are Respondents, be heard by Counsel at the Bar To-morrow.

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

Ordered, That the Cause wherein Sir Samuel Stirling Baronet and Alexander Pearson are Appellants, and Mrs. Marian Kelly or M'Kenzie, and others, are Respondents, et e contra, be heard by Counsel at the Bar To-morrow.

Robb v. Forrest.

Ordered, That the Cause wherein Donald Robb is Appellant, and James Forrest is Respondent, be heard by Counsel at the Bar To-morrow.

Brodie v. Sinclair.

Ordered, That the Cause wherein George Brodie is Appellant, and William Sinclair Esquire is Respondent, be heard by Counsel at the Bar To-morrow.

The Glamorganshire Canal Co. v. Blakemore, in Error:

The House proceeded to take into further Consideration the Cause wherein The Glamorganshire Canal Company are Plaintiffs, and Richard Blakemore Esquire is Defendant:

And Consideration being had thereof;

The following Order and Judgment was made:

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Chamber of Council nigh the Exchequer, called the Council Chamber, was brought into this House on the 26th Day of February 1830, wherein The Company of Proprietors of the Glamorganshire Canal Navigation are Plaintiffs, and Richard Blakemore Esquire is Defendant, in order to reverse a Judgment given in the said Chamber of Council nigh the Exchequer, called the Council Chamber, affirming a Judgment given in the Court of Exchequer for the said Defendant in Error; and Counsel having been heard on Friday the 8th Day of July last to argue the Errors assigned upon the said Writ of Error; and due Consideration had this Day of what was offered on either Side in this Cause:

Judgment Affirmed, with Costs:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgment given in the said Chamber of Council nigh the Exchequer, called the Council Chamber, affirming a Judgment given in the Court of Exchequer, be, and the same is hereby Affirmed; and that the Record be remitted, to the end such Proceeding may be had thereupon as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plaintiffs do pay or cause to be paid to the said Defendant the Sum of Two hundred Pounds, for his Costs sustained by reason of bringing the said Writ of Error.

The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows;

Tenor.

"On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attornies aforesaid; Whereupon as well the Record and Proceedings aforesaid, and the Judgment on the same given, and the Affirmance thereof, as the said Causes and Matters for Error by the said Company of Proprietors of the Glamorganshire Canal Navigation above assigned, being seen by the said Court of Parliament, and diligently examined and inspected; For that it seemeth to the Court of the Parliament aforesaid now here, that neither in the Record and Proceedings aforesaid, nor in the Rendition of the Judgment aforesaid, nor in the Affirmance thereof, there is any Error, and that the said Record is in nothing vicious or defective in Law; It is considered, that as well the Judgment aforesaid as the Affirmance thereof be in all things Affirmed, and stand in their full Force and Effect, the said Causes and Matters for Error above assigned in anywise notwithstanding: And it is further considered by the same Court of Parliament now here, that the said Richard Blakemore Esquire recover against the said Company of Proprietors of the Glamorganshire Canal Navigation Two hundred Pounds adjudged to the said Richard Blakemore Esquire, and with his Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute in such Case made and provided, for his Costs, Charges and Damages which he hath sustained by reason of the Delay of Execution of the Judgment aforesaid, on Pretext of prosecuting the Writ of Error aforesaid: And thereupon the Record aforesaid, and also the Proceedings aforesaid had in the same Court of Parliament in the Premises, are remitted by the same Court of Parliament to the Barons of the Exchequer, to the end Execution may be done thereupon, &c."

Comrs of Public Accounts (Ireland) Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act of the Fifty-second Year of the Reign of His Majesty King George the Third, respecting the Audit of the Public Accounts of Ireland; and to appoint the Number of Commissioners competent to grant Quietus to Public Accountants, under an Act passed in the Fifty-sixth Year of the Reign of His Majesty King George the Third, for consolidating the Public Revenues of Great Britain and Ireland."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by the former Messengers;

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum secundum diem instantis Septembris, horâ decimâ Auroræ, Dominis sic decernentibus.