House of Lords Journal Volume 63: 6 July 1831

Die Mercurii, 6° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of His Majesty's Commission.

Doe v. Hicks, in Error:

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein John Doe, on the several Demises of Francis Hearle and others, is Plaintiff, and Susanna Jemimah Hicks is Defendant; and for the Judges to attend;

Counsel were accordingly called in:

And the Plaintiff's and Defendant's Counsel being fully heard;

As also One Counsel for the Plaintiff, by Way of Reply;

The Counsel were directed to withdraw.

Question put to the Judges.

Proposed, "That the following Question of Law be put to the Judges; (viz ^t.)

"Whether, according to the true Construction of the Will and Codicils as above stated, the Devise in the Will of the Testator's Copyhold Messuage or Mansion House, Barns, Stables, Buildings and Pleasure Grounds, Lands and Hereditaments, called the Plomer Hill Estate, was revoked by the Fourth Codicil?"

The same was agreed to; and the said Question was accordingly put to the Judges:

And the Judges desiring Time to consider the said Question;

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

Rowe v. The King, in Error.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein Richard Radford Rowe is Plaintiff, and The King is Defendant; and for the Judges to attend;

Ordered, That the arguing of the said Errors be put off sine Die.

Richardson to enter into a Recogee on Eiston's Appeal.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Eiston, on account of his Appeal depending in this House, he being in Scotland:"

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

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Lords take the Oaths.

This Day George Harry Earl of Stamford and Warrington, John Lord Breadalbane and Francis Charteris Lord Wemyss, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Buckingham House Exemption Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing so much of an Act passed in the Seventh Year of His late Majesty King George the Fourth, for paving, lighting, watching, repairing and otherwise improving Grosvenor Place, and other Streets therein mentioned, as relates to the Assessment of the Boundary Fence or Wall of the Garden belonging to Buckingham House."

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 Mr. Adam and Mr. Roupell;

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

Goodlake's Name Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Surman Goodlake to take and use the Sirname of Surman, pursuant to the Provisions of the Will of John Surman, late of Swindon, in the County of Gloucester, Gentleman, deceased."

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.

Le Fevre's Divorce Bill, Dutton to attend.

Ordered, That William Coles Dutton Esquire do attend this House on Tuesday next, in order to his being examined as a Witness upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Samuel Le Fevre Esquire with Mary his now Wife, and to enable him to marry again; and for other Purposes."

Orford Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Christian Anne Orford; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting an Undivided Moiety of a Freehold Estate in Liverpool, in the County Palatine of Lancaster, late the Property of William Orford Esquire, deceased, in Trus tees, for Sale, and for investing the Proceeds of such Sale for the Benefit of his infant Son and Heir at Law."

Hunter & Campbell v. Duff et al.

Upon reading the Petition and Appeal of Archibald Hunter of Upper Baker Street, London, Esquire, and David Campbell, Writer to the Signet of Edinburgh, his Mandatory; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 1st Day of March 1831, excepting in so far as it finds the Petitioners entitled to and decerns in their favor for Payment of the Principal and Interest of the Bond therein mentioned from the Death of Major George Duff; and also of Two Interlocutors of the Lords of Session there, of the Second Division, of the 9th and 21st Days of June 1831; and also of an Interlocutor of the said Lord Ordinary of the 23d Day of June 1831; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Lieutenant General Alexander Duff, Richard Wharton Duff, and Major General William Stewart, Defenders in the Action as set forth in the Conclusions thereof; and Henry Inglis and Alexander Donald of the City of Edinburgh, Writers to the Signet, the Agents in the Court of Session of the said Defenders, for their Interest in the said Cause, in so far as Decrees have been pronounced therein in their favor for Expences, may be required to answer the said Appeal:"

It is Ordered, That the said Lieutenant General Alexander Duff, and the several other Persons last named, 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 3d Day of August 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.

Adjourn.

Comes Shaftesbury, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.