House of Lords Journal Volume 63: 2 April 1831

Die Sabbati, 2°Aprilis 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fraser v. Vans Agnew:

After hearing Counsel for the Appellant this Day upon the Petition and Appeal of Alexander Fraser Esquire, One of the Solicitors of His Majesty's High Court of Chancery at Westminster; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 24th of November 1829; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 23d of February 1830; 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, should seem meet;" as also upon the Answer of Lieutenant Colonel Patrick Vans Agnew, of Sheuchan, put in to the said Appeal; and Counsel appearing for the Respondent in the said Appeal; the Counsel were directed to withdraw:

Interlocutors Affirmed.

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.

W. & J. Logan v. Wright et al:

After hearing Counsel this Day upon the Petition and Appeal of Walter Logan Esquire, of Fingalton, and John Maxwell Logan younger, of Fingalton; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 15th December 1829, in so far as it alters the Interlocutors of the Sheriff of Lanarkshire, and finds that the said Feuars or Proprietors have a Right of Property in the Waterside Ground in question, and that no other Person has made out a Right of Property to the said Ground; 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 Wright, John Paterson, James Wright, Peter M'Kinnon, Thomas Jamieson, Thomas Young, Mrs. Sarah Truman, Duncan Yuille, William Scouler, John Andrew, David Scales, John Gunnock, James Govan, William Gibson, John Burnet, James Henry, David M'Michael, James Taylor and Brothers, James Taylor, John Gemmill, John Kirkwood, Peter M'Nab, Mrs. Thomson, Adam Danglish, Alexander Maccallister, Mrs. Shanks, Archibald Arthur, Henry Knox, James Nisbet, William Wilson, James Hunter, Matthew Paterson junior, John Colquhoun, Mrs. Jane M'Lean, Duncan Wright, Mrs. Christian Bowman, John Wilson, Elizabeth Wilson, Christian Wilson, Hugh Cameron, James Lamb, Robert Fotheringham, James Rutherford, James M'Crindle, Mrs. Janet Muir, Charles Paterson, Thomas Wright, James Millar, Mrs. Ann Truman, Edward Jackson, John M'Cullum, Reverend James Gardner, John Campbell and Alexander Gardner, Feuars or acting for Feuars in Clyde Street, Anderston, Glasgow, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor 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 Interlocutor, so far as therein complained of, be, and the same is hereby Affirmed.

Trustees of Stonehaven Harbour v. Sir A. Keith:

After hearing Counsel this Day upon the Petition and Appeal of the Trustees and Commissioners appointed under an Act of Parliament passed in the Sixth Year of the Reign of His present Majesty, Cap. 54, intituled, "An Act for improving and maintaining the Harbour of the Burgh of Barony of Stonehaven, in the County of Kincardine, and the Entrance thereto; and rendering more convenient and commodious the Streets and Avenues leading to the same;" and of James Tindal their Clerk; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 15th of January 1828; and also of Two Interlocutors of the Lords of Session there, of the Second Division, of the 12th of February and 30th of May 1829; and praying, "That the same might be reversed, varied or altered, or that the Appellants 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 Sir Alexander Keith of Dunnottar, Knight Mareschal of Scotland, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Affirmed, with Costs.

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: And it is further Ordered, That the Appellants do pay or cause to be paid to the said Respondent the Sum of Fifty Pounds, for his Costs in respect of the said Appeal.

Flowerdew v. Baxter et al.

Upon reading the Petition and Appeal of William Allen Flowerdew, Writer in Dundee; complaining of an Interlocutor of the Magistrates of Dundee, dated 10th December 1829; also of an Interlocutor of the Lord Ordinary in Scotland, dated the 25th November 1830, except in so far as it conjoins the foresaid Processes of Advocation and Declarator; and also of Two Interlocutors of the Lords of Session there, of the First Division, dated the 2d Day of February and 11th Day of March 1830; and praying, "That the same may be reversed, varied or altered, so far as complained of, 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 John Baxter, John Alison, John Gray, John Thain, Andrew Low, James Crockatt, James Hay, David Baxter, David Martin, Robert Ross, George Gray, John Ross, Thomas Mathew and James Nicoll, Managers of the Dundee, Perth and London Shipping Company, may be required to answer the said Appeal:"

It is Ordered, That the said John Baxter, 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 Saturday the 30th Day of this instant April; and Service of this Order upon the said Respondents, or upon any of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Rowe v. The King, in Error, Judges to attend.

Ordered, That the Errors assigned upon the Writ of Error wherein Richard Radford Rowe is Plaintiff, and The King is Defendant, be argued by Counsel at the Bar on the 19th Day of May next; and that the Judges do then attend.

Gaywood v. M'Keand:

Upon reading the Petition of George Charles Gaywood, Appellant in a Cause depending in this House, to which Anthony M'Keand is Respondent; praying their Lordships, "That he may have Leave to withdraw his Appeal, the Respondent not having appeared in the Cause; and the Matter of Costs having been adjusted in Scotland:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at liberty to withdraw his said Appeal, as desired.

Classification of Petitions on Parliamentary Reform, delivered.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared and laid upon the Table, A Classification of Petitions presented to the House on the Subject of Parliamentary Reform in the present Session."

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

Ordered, That the said Paper be printed.

Maxwell & Co. v. Stevenson & Co.

Ordered, That the Cause wherein Messieurs Maxwell and Company are Appellants, and Thomas Stevenson and Company are Respondents, be heard by Counsel at the Bar on Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.