House of Lords Journal Volume 63: 24 September 1831

Die Sabbati, 24° Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

After hearing Counsel fully 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 Consideration of the said Cause be put off sine Die.

Officers of State for Scotland v. E. of Haddington:

After hearing Counsel this Day upon the Petition and Appeal of His Grace Robert Duke of Gordon, Keeper of the Great Seal, The Right Honorable Lord Viscount Melville, Lord Privy Seal, The Right Honorable William Dundas, Lord Clerk Register, The Right Honorable Sir William Rae Baronet, Lord Advocate, and The Right Honorable David Boyle, Lord Justice Clerk, all His Majesty's Officers of State for that Part of the United Kingdom called Scotland, acting for His Majesty's Behoof; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 19th of May 1821; and also of Three Interlocutors of the Lords of Session there, of the Second Division, of the 26th of November 1822; the 24th of June 1823 and the 4th of June 1830; and praying, "That the same might be reversed, varied or altered, so far as they do not find or imply that the Respondent has no Right whatever to work Quarries in the Park of Holyrood House; to find that he has no such Right; and to decern and declare in Terms of the Libel; 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 The Right Honorable Thomas Earl of Haddington, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Reversed, with a Declaration.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Earl of Haddington, and his Successors in the Office of Keeper and Ranger of Our said Park of Holyrood House, have no Right or Title to work Quarries, or to do or authorize any Act or Operations by which the Property of the said Park may be dilapidated or exhausted: And it is Ordered and Adjudged, That with this Declaration the Interlocutors complained of in the said Appeal, be, and the same are hereby Reversed.

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

Ordered, That the Hearing of the Cause wherein Sir William Rae Baronet is Appellant, and Lawrence Lord Dundas, and others, are Respondents, which stands appointed for this Day, be put off to Wednesday next.

E. of Mar v. Lady F. J. Erskine et al.

Ordered, That the Cause wherein John Francis Miller Erskine Earl of Mar is Appellant, and Lady Frances Jemima Erskine, and others, are Respondents, be heard by Counsel at the Bar on Wednesday next.

Hunter v. Gardner.

Ordered, That the Cause wherein John Hunter is Appellant, and George Gardner is Respondent, be heard by Counsel at the Bar on Wednesday next.

Bankruptcy Court Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to establish a Court in Bankruptcy."

And the said Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Order for 3a.

Ordered, That the said Bill be read the Third Time on Tuesday next; and that the Lords be summoned.

Mactavish v. Turner.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Mrs. Catherine Macdonell or Mactavish is Appellant, and William Ainslie Turner is Respondent, ex-parte, the Respondent not having put in his Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

Warrington, &c. Railway Bill, Consideration of Petition for Comee to proceed, put off.

Ordered, That the Consideration of the Petition of the several Persons whose Names are thereunto subscribed, being Shareholders in the Warrington and Newton Railway Company, and Directors thereof, presented to the House on Thursday last, praying their Lordships, "That the Committee to whom the Bill, intituled, "An Act to enable the Company of Proprietors of the Warrington and Newton Railway to extend the said Railway from the Termination thereof at Bank Quay, in the Parish of Warrington, in the County Palatine of Lancaster, to Norton, in the County Palatine of Chester," stands committed, be instructed to proceed in the Consideration of the Clauses of the same, or that, if necessary, the Bill may be reported, and re-committed with such Directions as in their Lordships Judgment may seem right," which stands appointed for Monday next, be put off to Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum sextum diem instantis Septembris, horâ undecimâ Auroræ, Dominis sic decernentibus.