House of Lords Journal Volume 64: 19 January 1832

Die Jovis, 19° Januarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Miller et al. v. Moodie.

The Answer of Mrs. Amelia Moodie or Anderson, to the Petition and Appeal of John Miller, Baker in London, William Roy of Pentoul, Tenant of the Farm of Coudie, and William Thomson, Writer in Kinross, was this Day brought in.

Ld. Crewe takes his Seat.

This Day John Lord Crewe sat first in Parliament after the Death of his Father John Lord Crewe; his Lordship having first, at the Table, taken the Oaths, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Miller et al. v. Orr & Boog:

Upon reading the Petition and Appeal of John Miller Esquire, of Hallhill, One of the Heritors of the Parish of Glassford, The Reverend Patrick M'Beth, Minister of the Parish, Glassford, John Crawford, Schoolmaster and Session Clerk of Glassford, and John Park, Weaver in Westquarter, Collector and Treasurer of the Poor's Funds of the said Parish of Glassford, also for the Heritors and Kirk Session of Glassford; complaining of Five Interlocutors of the Sheriff Depute of Lanarkshire, of the 1st of November 1824, 7th and 28th January, 18th February and 11th March 1825, so far as they sustain the Jurisdiction of the Sheriff; also of an Interlocutor of the Lord Ordinary in Scotland, of the 7th of March 1827; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 10th of July 1827; also of Two Interlocutors of the said Lord Ordinary, of the 17th November 1827 and 15th June 1831; and also of Two Interlocutors of the said Lords of Session, of the 9th July and 6th December 1831; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Orr, Weaver in Westquarter of Glassford, and Robert Boog, Writer in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Orr and Robert Boog may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 16th Day of February 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.

Dobie to enter into a Recogce on it.

The House being moved, "That Alexander Dobie of Palsgrave Place, Strand, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for John Miller Esquire, and others, on account of their Appeal depending in this House, they residing in Scotland:"

The same was agreed to; and Ordered accordingly.

Dame H. Gibson & Sir A. Gibson v. Maitland et al:

Upon reading the Petition and Appeal of Dame Helen Maitland Gibson and Sir Alexander Charles Maitland Gibson of Clifton Hall, Baronet, her Husband; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 16th December 1830; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 15th February 1831; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Alexander Charles Maitland, and the other Children of the deceased Alexander Gibson Maitland by his Wife Mrs. Susan Ramsay, also now deceased; and Sir Gilbert Stirling, James Dundas, William Ramsay Ramsay, Peter Ramsay, William Keith and James Gillespie Davidson, their surviving Tutors and Curators, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Charles Maitland, 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 Thursday the 16th Day of February next; and Service of this Order upon the said Respondents, or their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Webster to enter into a Recogce on it.

The House being moved, "That George Webster of Old Palace Yard, Westminster, Gentleman, may be permitted to enter into a Recognizance for Dame Helen Maitland Gibson and Sir Alexander Charles Maitland Gibson Baronet, her Husband, on account of their Appeal depending in this House, they living in Scotland:"

The same was agreed to; and Ordered accordingly.

Clark v. Sim.

Upon reading the Petition and Appeal of Charles Clark of Princelands, Writer in Coupar Angus; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of Date 20th May, 8th July and 9th December 1830, in so far as a Commission is thereby granted for taking Parole Evidence against the Petitioner, and more particularly as these Interlocutors admit the Testimony of the Members of the Congregation who are the Parties really interested in the Issue of the present Question, and Two of them actual Defenders in the present Action; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 2d (signed 3d) December 1831, in so far as it alters the Interlocutor of the Lord Ordinary upon the Merits, repels the Defences of the Petitioner, decerns against him, conform to the Conclusions of the Summons, and finds him liable in Expences; 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 James Sim, sometime at Whitely, and afterwards residing in Coupar Angus, may be required to answer the said Appeal:"

It is Ordered, That the said James Sim may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 16th Day of February next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

The North British Insurance Co. v Barker, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of John Barker, Respondent in a Cause depending in this House, to which The North British Insurance Company are Appellants; praying, "That their Lordships will be pleased to grant Leave to the Petitioner to lodge his Case:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Browne v. W. & D. Tighe.

The House being informed, "That William Frederick Fownes Tighe and Daniel Tighe, Respondents to the Appeal of William Browne Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And an Affidavit of the due Service of the said Order being read;

It is Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily within a Week.

Webster to enter into a Recogce on Dixons' Appeal.

The House being moved, "That George Webster of Old Palace Yard, Westminster, Gentleman, may be permitted to enter into a Recognizance for Anthony Dixon Esquire, and Joseph Dixon Esquire, on account of their Appeal depending in this House, they living in Scotland:"

The same was agreed to; and Ordered accordingly.

Brundrett to enter into a Recogce on Campbell's & Hay's Appeal.

The House being moved, "That Jonathan Brundrett of the Inner Temple, Gentleman, may be permitted to enter into a Recognizance for John Graham Campbell Esquire, and Dame Margaret Hay Widow, on account of their Appeal depending in this House, they residing in France:"

The same was agreed to; and Ordered accordingly.

The King's Answer to Addresses.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Addresses of the 15th and 16th of December last; and that His Majesty was pleased to receive the same very graciously, and to say, He would give Directions accordingly."

Howard v. The Earl Digby, Petition to present Appeal, referred to Appeal Com ee.

Upon reading the Petition of Henry Howard Esquire, setting forth, "That the Vice Chancellor of England, on the 8th Day of November last, pronounced a Decree in a certain Cause in His Majesty's High Court of Chancery, wherein Edward Earl Digby was Plaintiff, and the Petitioner Defendant: That various Meetings took place between the Solicitors of the said Parties, to settle the Minutes of the said Decree, and the same was not therefore passed and left with the proper Officer by the said Edward Earl Digby, to be entered, until the 24th Day of December last, on which Day the Offices closed, and did not re-open until the 7th Day of January instant: That at the opening of the said Offices the Petitioner caused Enquiry to be made for the said Decree, in order to procure his Office Copy thereof to be signed by the Register, but the same was not entered until some Days after: That on the 14th Day of January the said Decree was left for Inrolment, and was signed by the Chancellor on the 18th Day of the said Month of January: That their Lordships met on the 6th Day of December last: That for the Reasons aforesaid the Petitioner has been unable to comply with the Fifty-fifth Order of their Lordships;" and therefore praying their Lordships, "That he may be at liberty forthwith to lodge his Petition of Appeal against the said Decree:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Com ee on Tithes, (Ireland,) Witnesses to attend:

Ordered, That Hugh Wallace Esquire, J. Stephen junior, Esquire, Major Browne, W. Grace Esquire, The Reverend Mr. Graves, The Reverend Doctor Hamilton and W. Palmer Esquire do attend this House on Monday the 23d of this instant January, to be sworn, in order to their being examined as Witnesses before the Select Committee on Tithes, Ireland.

Ordered, That The Reverend Doctor Butler, Doctor Erck, J. Killally Esquire, R. Griffiths Esquire, John Welsh Esquire, Strickland Esquire, and The Reverend Mr. Ryan do attend this House on Tuesday the 31st of this instant January, to be sworn, in order to their being examined as Witnesses before the last-mentioned Committee.

Ordered, That John Boyd Esquire, Robert Delacour Esquire and The Reverend James Martin do attend this House on Thursday the 2d of February next, to be sworn, in order to their being examined as Witnesses before the last-mentioned Committee.

Evidence to be printed:

Ordered, That the Evidence taken from Time to Time before the last-mentioned Committee be printed for the Use of the Members of this House, but that no Copies thereof be delivered out to any of the Lords but such as are Members of the Select Committee, 'till further Order.

Com ee to report from Time to Time.

Ordered, That the said Committee be at liberty to report to the House from Time to Time, as they shall see fit.

Miller et al. v. Miller et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Miller, and others, are Appellants, and John Miller Esquire, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Foreign Gloves, Petition from Milborne Port against Importation of.

Upon reading the Petition of the Operatives engaged in the Manufacture of Leather Gloves in Milborne Port and its immediate Vicinity, whose Names are thereunto subscribed; praying their Lordships "to repeal those Laws which permit the Importation of Foreign Gloves into this Country, and return to the System of Prohibition:"

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

Hindoo Laws of Property, Petition from Bombay for Alteration of.

Upon reading the Petition of the Ministers in the Presidency of Bombay, in the East Indies, whose Names are thereunto subscribed; praying, "That their Lordships will institute such Enquiries, and direct or adopt such Measures, as may appear to them best calculated to obtain such an equitable Alteration in the Administration of the Hindoo and Moohummudan Laws of Property and Inheritance as may secure the Enjoyment of their Rights to His Majesty's Subjects, the Converts to the Christian Religion, in the East Indies:"

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

Scot v. Ker & Johnston, Petition to amend Appeal & for Re-hearing, referred to Appeal Com ee.

Upon reading the Petition of Archibald Scot, Appellant in a Cause lately depending in this House, to which James Ker and Henry Johnston were Respondents; setting forth, "That the Petitioner, on or about the Day of March 1829, presented his Petition of Appeal to their Lordships against certain Interlocutors of the Lord Ordinary, and of the First Division of the Court of Session, in Scotland; that is to say, the following Interlocutor of the Lord Ordinary, made upon the Petition of the Respondents, and bearing Date the 20th Day of July 1827; "The Lord Ordinary officiating on the Bills having considered this Petition, with the Writs produced, grants Warrant for citing the withindesigned Archibald Scot to appear before the Lord Ordinary officiating on the Bills within Ten Days after Citation, to shew Cause why Sequestration should not be awarded against him, and ordains this Petition and Deliverance to be recorded by the Petitioners in Terms of the Statute;" and the following Interlocutor, of the First Division of the Court of Session, bearing Date the 11th Day of December 1828; "The Lords having resumed the Consideration of this Case, and heard Counsel for the Parties, before further Procedure appoint the Petitioners to give in a Minute stating the Grounds upon which they aver that the Respondent was a Bankrupt at the Period of the Petition for Sequestration being presented to the Court, the said Minute to be printed, and put into the Boxes against the Box Day in the ensuing Christmas Recess, and in the mean time grant Warrant for Letters of Diligence at the Petitioner's Instance against Havers, for recovering all Writings pertinent and material to the Issue, and grant Commission to the Judge Ordinary of the Bounds where the Witnesses reside, to take their Depositions, and receive Production of the Writings, to be exhibited in common Form, to be reported the Day of next;" and the following other Interlocutor of the same Division, bearing Date the 20th Day of February 1829; "The Lords having advised the Petition for Sequestration in this Case, with the revised Cases given in for the Parties, as well as the Minute, and Answers thereto, and heard the Counsel for both the Parties this Day, they repel the Objections stated to the Application, sustain the Title of the Petitioners, and therefore sequestrate the whole Estate and Effects of the said Archibald Scot, in Terms of the Statute, appoint the Creditors to hold Two Meetings within the Crown Inn, Langholm, the one upon the 10th Day of March next, at Twelve o'Clock, Noon, to choose an Interim Factor, and the other upon the 31st Day of March next, at Twelve o'Clock, Noon, for choosing a Trustee or Trustees, as directed by the Statute, grants Commission as prayed for, and ordain the Petitioners to advertize the Sequestration and Times and Place of the Meetings in the London and Edinburgh Gazettes, in the usual Form:" That the Sequestration so awarded against the Petitioner was at the Instance of the Leith Banking Company, of which the Respondents design themselves Managers, and of which the Petitioner himself was at the Time in question (as is expressly charged and admitted by the Respondents in their Pleadings) one of the Partners, and such Sequestration was founded upon a certain supposed Debt of £1,011 15s. 7d. alleged to be due by the Petitioner individually to the said Banking Company; that is to say, by a Partner of the Company, to himself and the other Partners of whom that Company consisted: That the Petitioner is advised, that in point of Law no Sequestration could be awarded against the Petitioner, or can legally subsist, founded upon a Debt under such Circumstances, which Debt, if due at all, being due from the Petitioner individually to himself and the Eleven other Persons constituting the Partnership in question, the Sequestration is in fact a Sequestration by the Petitioner against himself: That the said Appeal came on for Hearing in this House on the 6th Day of December last, but upon such Hearing the Petitioner was shut out from the Benefit of the above-mentioned Objection, because it then appeared that a certain other Interlocutor in the said Cause had not been included in the Petition of Appeal, which was pronounced by the said Court upon the 2d Day of December 1828: That the Interlocutor so appearing to have been omitted in the Petition of Appeal was in the following Words; "The Lords having resumed Consideration of the Cases given in by the Parties, repel the Objection proposed to the Title of the Petitioners, and appoint the Cause to be put to the Roll for advising:" That the Agent in Scotland of the Petitioner, by whom the said Petition of Appeal was prepared, being since dead, the Petitioner is unable to ascertain whether such an Omission to insert the said Interlocutor in his Petition of Appeal arose out of Inadvertence, or proceeded from an Impression in the Mind of the Agent, that it was not necessary to notice such Interlocutor, in as much as the subsequent Interlocutor abovementioned, which embraced the Matter of the Respondents Title, was included in the Petition of Appeal: That it further manifestly appears, upon Reference to the Interlocutor so omitted, and to the other Proceedings in the Cause, that the Objection to the Petitioner's Title, repelled by the Interlocutor so omitted, related only to the Circumstance of the said Banking Company not having complied with certain Requisites of the Statutes 7th Geo. 4th, Cap. 67, and 7th Geo. 4th, Cap. 46, and that the Objection so repelled had no Connection whatever with the particular Objection therein before stated: That the Petitioner is only desirous of obtaining substantial Justice and an equitable Consideration of his Case: That upon a fair and just Accounting between the Petitioner and the Respondents (which the Petitioner has repeatedly offered to enter into) it will be found that there is no Debt owing to the Respondents: That the Petitioner is not contending with an ordinary Creditor, but with his own Partners; and the Principle of the Scotch Banks being to give no Discharge to their Debtors, the Petitioner, after his whole Estate shall have been taken from him by the Sequestration, would be left during the Remainder of his Life in the Power of the Respondents: That the Process of Sequestration thus sought for by the Respondents will involve the Estate in a most expensive Management, and place the whole of it within the Dominion of the Respondents, while none of the other Creditors of the Petitioner (who are few in Number) take any Interest in these Proceedings, but have, on the contrary, lodged a Minute in the Court of Session disclaiming all Concern therein: That the Estate and Effects of the Petitioner of every Description have been secured by the Conveyances which have already been executed by the Petitioner, pursuant to the Act of Sederunt of the Lords of Council and Session, on his Bills of Suspension against the Respondents, and also by the Diligence of Inhibition at the Suit of the Respondents against the Petitioner; and the Petitioner is, moreover, ready instantly to execute any Deeds of Trust or other Deeds by which all his Estate shall be preserved for Division among all his just and lawful Creditors: That under such Circumstances the Petitioner humbly submits that it would be an Act of great Hardship upon the Petitioner if he shall be subjected to the Process of Sequestration, and all its injurious Consequences, whilst it is clear that the Respondents are not legally entitled to issue such Process against the Petitioner;" and therefore praying, "That their Lordships will be pleased to recall the Judgment pronounced, and to permit the Petitioner to amend his Petition of Appeal by inserting therein the said Interlocutor of the 2d Day of December 1828; and to order that the said Appeal may thereafter be re-heard generally, or that their Lordships will be pleased to order the said Appeal to be re-heard upon the particular Objection above stated, and any others connected therewith, and to make such Alteration in the said Judgment as to their Lordships, upon such Re-hearing, shall seem just; and that the Petitioner may be heard by Counsel upon the Matter of this Petition at their Lordships Bar, or before their Lordships Committee of Appeals; and that further Proceedings in the said Process of Sequestration in the Court of Session may in the mean time be stayed:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Lottery Tickets (outstanding) Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to provide for the taking in and Payment of outstanding Lottery Tickets;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Office of Works Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for uniting the Office of the Surveyor General of His Majesty's Works and Public Buildings with the Office of the Commissioners of His Majesty's Woods, Forests and Land Revenues; and for other Purposes relating to the Land Revenues;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Papers delivered:

The House being informed, "That Mr. Tomlins, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 13th of December last,

Emigration:

"A Return of the Number of Persons who have emigrated from the United Kingdom to North America, the Cape of Good Hope, New South Wales, &c. since the passing of the Act 9 Geo. 4, C. 21."

Mr. Tomlins also delivered at the Bar, pursuant to the Directions of several Acts of Parliament,

Compensation to W. G. Campbell:

"Copy of Warrant for paying William George Campbell, Principal Clerk of the High Court of Admiralty, Scotland, Compensation for Loss of Fees for One Year to 28 May 1831, under 1 and 2 Geo. 4, C. 39:"

Also, "Copy of Warrant for paying to William George Campbell, Principal Clerk of the late High Court of Admiralty, Compensation for the Loss of Office for One Year to 28 May 1832, and in Time coming, under 1 William 4, C. 69:"

Assessed Taxes (Scotland.)

And also, "Return of Copies of Cases stated and signed by the Commissioners, in Scotland, acting in Execution of the Acts of Parliament imposing and regulating the Duties of Assessed Taxes, and Opinion and Determination of the Barons of the Court of Exchequer in Scotland thereon, certified by the Solicitor for the Affairs of Taxes, for the Period from 14th June to 6th December 1831."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Lords summoned.

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

Hops & Malt, Returns respecting, to be delivered forthwith.

Ordered, That there be laid before this House forthwith, "A Return of the Hop Duty for 1831; specifying the Districts, and the Old and New Duty, with the Number of Acres in Cultivation:"

And also, "A Return of the Number of Bushels of Malt that have paid Duty in England and Wales during the Year 1831; also in Scotland; and also in Ireland;" severally Ordered to be laid before the House on the 8th of December last.

Baillie v. Grant.

Ordered, That the Cause wherein Alexander Baillie is Appellant, and Miss Margaret Grant is Respondent, be heard by Counsel at the Bar on Monday next.

Mackenzie v. Rose.

Ordered, That the Cause wherein Murdo Mackenzie Esquire is Appellant, and Hugh Rose Esquire is Respondent, be heard by Counsel at the Bar on Monday next.

Baird v. Ross.

Ordered, That the Cause wherein William Baird is Appellant, and Robert Ross is Respondent, be heard by Counsel at the Bar on Monday next.

Adjourn.

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