Die Lunæ, 8 Februarii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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| Ds. Lyndhurst, Cancellarius. |
Epus. Lich. et Cov.
Epus. Cestrien.
Epus. Exon.
Vicecom. Melville.
Vicecom. Gordon.
Vicecom. Goderich.
Ds. Stourton.
Ds. Teynham.
Ds. Stafford.
Ds. Colville of Culross.
Ds. King.
Ds. Holland.
Ds. Vernon.
Ds. Auckland.
Ds. Calthorpe.
Ds. Rivers.
Ds. Ailsa.
Ds. Hill.
Ds. Melbourne.
Ds. Somerhill.
Ds. Wharncliffe.
Ds. Seaford.
Ds. Durham. |
Comes Bathurst, Præses.
Dux Norfolk, Marescallus.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Wellington.
March. Lansdowne.
Comes Graham, Camerarius.
Comes Westmorland.
Comes Essex.
Comes Shaftesbury.
Comes Tankerville.
Comes Cowper.
Comes Stanhope.
Comes Radnor.
Comes Carnarvon.
Comes Mayo.
Comes Verulam.
Comes Bradford.
Comes Stradbroke.
Comes Cawdor. |
PRAYERS.
Harris v. Kemble et al.
The separate Answer of Charles Kemble, John Saltren
Willett and John Forbes, to the Petition and Appeal of
Henry Harris, was this Day brought in.
Galbraiths v. Galbraith.
As was also, The Answer of Richard Galbraith Esquire,
of Cappahard, in the County of Galway, in Ireland, to the
Petition and Appeal of James Galbraith, eldest lawful Son
of the deceased Archibald Galbraith, late Farmer at Honeyholm, and John Galbraith senior, Cloth Merchant in
Glasgow, Administrator in Law to the said James Galbraith.
Appeal Com ee appointed:
Ordered, That the Lords following be appointed a
Committee 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; and to report to the House:
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L. Bp. Chester.
L. Bp. Oxford.
L. Stourton.
L. Teynham.
L. Stafford.
L. Colville of Culross.
L. Vernon.
L. Calthorpe.
L. Ailsa.
L. Wharncliffe.
L. Seaford.
L. Durham. |
L. Chancellor.
D. Norfolk.
D. Leeds.
M. Lansdowne.
E. Westmorland.
E. Shaftesbury.
E. Tankerville.
E. Cowper.
E. Radnor.
E. Carnarvon.
E. Bradford.
V. Melville.
V. Goderich. |
Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the
Prince's Lodgings, near the House of Peers; and
to adjourn as they please.
All Lords added to the Com ee.
Ordered, That all the Lords who have been or shall be
present this Session, and are not named of the said Committee, be added thereto.
Freeman et al. v. Fairlie et al.
Upon reading the Petition and Appeal of Ann Freeman,
William Tranter and Burgess Tranter, John Clarbour and
Charlotte his Wife, and Sarah Moulding Widow; complaining of an Order of the Court of Chancery of the 17th Day
of November 1828, made in Four certain Causes, in the
first of which Ann Freeman, William Tranter and Burgess
Tranter, John Clarbour and Charlotte his Wife, and Sarah
Moulding Widow, are Plaintiffs, and William Fairlie, (since
deceased,) and His Majesty's Attorney General, and the
United Company of Merchants trading to the East Indies,
(both since dismissed,) Osman Jefcock and John Barnett,
are Defendants, by Supplemental Bill; in the second, Ann
Freeman, William Tranter and Burgess Tranter, John
Clarbour and Charlotte his Wife, and Sarah Moulding
Widow, are Plaintiffs, and Thomas Oldham (Administrator
of Samuel Oldham) is Defendant, by further Supplemental
Bill; in the third, Ann Freeman, William Tranter and
Burgess Tranter, John Clarbour and Charlotte his Wife,
and Sarah Moulding Widow, are Plaintiffs, and John
Innes (Executor of the said William Fairlie deceased) is
Defendant, by Bill of Revivor; and in the last, Ann
Freeman, William Tranter and Burgess Tranter, John
Clarbour and Charlotte his Wife, and Sarah Moulding
Widow, are Plaintiffs, and John Eborall (the Heir at Law
ex-parte maternâ of the said Samuel Oldham) and William
Butt (Administrator de bonis non of Hannah Haigh) are
Defendants, by further Supplemental Bill; and praying,
"That the same may be reversed or varied, and that
their Lordships will be pleased to make such Order in
the Premises as shall be just and right; and that the
said William Fairlie, and the several other Defendants
above mentioned, may be required to answer the said
Appeal:"
It is Ordered, That the said William Fairlie, and the
several other Defendants above mentioned, may have a
Copy of the said Appeal, and do put in their Answer or
respective Answers thereunto, in Writing, on or before
Monday the 22d Day of this instant February; and Service of this Order upon the Defendants Clerks in Court
in the said Causes shall be deemed good Service.
Kennedy's et al. Petition referred to Judges in Scotland.
Upon reading the Petition of Thomas Francis Kennedy
of Dunure, Esquire, the Heir of Entail in Possession of the
entailed Lands and Estate of Dunure, and others, in the
County of Ayr, and of the other Persons whose Names
are thereunto subscribed, also Heirs of Entail of the said
entailed Lands and Estate; praying Leave to bring in a
Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby referred to The Lord President
of the Court of Session in Scotland, and Lord Moncrieff
in Scotland, who are forthwith to summon all Parties
before them, who may be concerned in the Bill, and, after
hearing all the Parties, and perusing the Bill, are to report
to the House the State of the Case, with their Opinion
thereupon, under their Hands, and are to sign the said
Bill.
Sir J. Montgomery et al. v. M. of Queensberry, & Selkrig:
Upon reading the Petition and Appeal of Sir James
Montgomery of Stanhope, Baronet, William Murray of
Henderland, Esquire, and Edward Bullock Douglas, some
time of the Inner Temple, Esquire, surviving Trustees
and Executors of the late William Duke of Queenberry;
complaining of an Interlocutor of the Lords of Session in
Scotland, of the First Division, dated the 7th and signed
the 11th Day of March 1828; and praying, "That the
same may be reversed, varied or altered, or that the
Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Charles Marquess and
Earl of Queensberry, and Charles Selkring, Accountant
in Edinburgh, his Trust Assignee, may be required to
answer the said Appeal:"
It is Ordered, That the said Charles Marquess and Earl
of Queensberry, and the said Charles Selkring, may have a
Copy of the said Appeal, and do put in their Answer or
respective Answers thereunto, in Writing, on or before
Monday the 8th Day of March next; and Service of this
Order upon the said Respondents, or upon any of their
known Counsel or Agents in the Court of Session in
Scotland, shall be deemed good Service.
Chalmer to enter into a Recog ce on it.
The House being moved, "That James Chalmer of
Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir James
Montgomery Baronet, and others, on account of their
Appeal depending in this House, they being in Scotland
or out of the Kingdom:"
It is Ordered, That the said James Chalmer may enter
into a Recognizance for the said Appellants, as desired.
M. of Bute v. Couper et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.
Upon reading the Petition of John Couper, and others,
Respondents in a Cause depending in this House, to
which John Crichton Marquess of Bute is Appellant;
praying their Lordships, "That they may be at liberty
to lodge their Cases forthwith, or within such other
Time as their Lordships shall deem proper:"
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.
Allardice & Boswell v. Robertson, Respondent's Petition to lodge his Case, referred to Appeal Com ee.
Upon reading the Petition of John Robertson, Respondent in a Cause depending in this House, to which Robert
Barclay Allardice and John Boswell Esquires are Appellants; praying, "That their Lordships will be pleased to
grant him Leave to lodge his Case:"
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.
Vine v. Doe:
Upon reading the Petition of John Doe, Defendant in
a Writ of Error depending in this House, wherein Thomas
Vine is Plaintiff; setting forth, "That the Plaintiff in
Error hath not assigned Errors within the Time limited
by their Lordships Standing Order;" and therefore
praying, "That their Lordships will be pleased to order
a Non-pros. to be entered on the said Writ of Error,
with such Costs as their Lordships shall please to
direct:"
Writ of Error Non-pros'd, with Costs.
It is Ordered, That the Petitioner do forthwith enter a
Non-pros. on the said Writ of Error, as desired; and that
the Record be remitted to the Court of King's Bench, to
the end Execution may be had upon the Judgement given
by that Court as if no such Writ of Error had been
brought into this House: And further, that the Plaintiff
in Error do pay or cause to be paid to the Defendant in
Error the Sum of Forty Pounds, for his Costs, by reason
of the Delay of the Execution of the said Judgment.
Logan et al. v. Wienholts.
The House being moved, "That a Day may be
appointed for hearing the Cause wherein Sarah Logan,
and others, are Appellants, and Mary Wienholt and
John Birkett Wienholt 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.
The Attorney General v. Winstanley, in Error.
The House being moved, "That a Day may be
appointed for hearing Counsel to argue the Errors
assigned upon the Writ of Error wherein The
Attorney General is Plaintiff, and Thomas Winstanley
is Defendant:"
It is Ordered, That this House will hear the said
Errors argued, by Counsel at the Bar, on the first vacant
Day for Causes after those already appointed.
Thomson v. Dr. Williamson et al.
The House being informed, "That Doctor James
Williamson, and others, Respondents to the Appeal of
James Thomson Esquire, had not put in their Answer
to the said Appeal, though duly served with the Order
of this House for that Purpose:"
And thereupon an Affidavit of James Dalgleish of the
City of Edinburgh, Writer to the Signet, of the due
Service of the said Order, being read;
Ordered, That the said Respondents do put in their
Answer to the said Appeal peremptorily in a Week.
Dickson et al. v. Cunninghame & Ld. Medwyn.
The House being informed, "That John Cunninghame
Esquire and The Honorable John Hay Forbes Lord
Medwyn, Respondents to the Appeal of David Dickson
Esquire, and others, had not put in their Answer to
the said Appeal, though duly served with the Order of
this House for that Purpose:"
And thereupon an Affidavit of James Swan of the City
of Edinburgh, Writer to the Signet, of the due Service of
the said Order, being read;
Ordered, That the said Respondents do put in their
Answer to the said Appeal peremptorily in a Week.
Brack v. Johnston et
The House being informed, "That George Johnston,
and others, Respondents to the Appeal of William
Brack, had not put in their Answer to the said Appeal,
though duly served with the Order of this House for
that Purpose:"
And thereupon an Affidavit of William Martin of the
City of Edinburgh, Solicitor, Supreme Courts, Scotland,
of the due Service of the said Order, being read;
Ordered, That the said Respondents do put in their
Answer to the said Appeal peremptorily in a Week.
Gaols, reports specting, elivered.
The Earl of Shaftesbury laid before the House, pursuant
to the Directions of an Act of Parliament,
"Copies of all Reports relative to the Gaols of England
and Wales, and of Schedule (B.) transmitted to the
Secretary of State, pursuant to the 24th Section of
the 4th Geo. 4, Cap. 64, and 14th Section of the 5th
Geo. 4, Cap. 12;" together with a List thereof.
Which List was read by the Clerk as follows; (viz
t.)
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"No. 1. County of Anglesey.
2. - Bedford.
3. - Berks.
4. - Brecon.
5. - Bucks.
6. - Cambridge.
7. - Cardigan.
8. - Carmarthen.
9. - Carnarvon.
10. - Chester.
11. - Cornwall.
12. - Cumberland.
13. - Denbigh.
14. - Derby.
15. - Devon.
16. - Dorset.
17. - Durham.
18. - Essex.
19. - Flint.
20. - Glamorgan. |
"No. 21. County of Gloucester.
22. - Hants.
23. - Hereford.
24. - Hertford.
25. - Huntingdon.
26. - Kent.
27. - Lancaster.
28. - Leicester.
29. - Lincoln.
30. - Merioneth.
31. - Middlesex.
32. - Monmouth.
33. - Montgomery.
34. - Norfolk.
35. - Northampton.
36. - Northumberland.
37. - Nottingham.
38. - Oxford.
39. - Pembroke.
40. - Radnor. |
"No. 41. County of Rutland.
42. - Salop.
43. - Somerset.
44. - Stafford.
45. - Suffolk.
46. - Surrey.
47. - Sussex.
48. - Warwick.
49. - Westmorland.
50. - Wilts.
51. - Worcester.
52. - York.
53. City of Bristol.
54. - Chester.
55. - Coventry. |
"No. 56. City of Exeter.
57. - Gloucester.
58. - London.
59. - Norwich.
60. - Westminster.
61. - Worcester.
62. - York.
63. Town of Kingston-upon-Hull.
64. - Leicester.
65. - Liverpool.
66. - Newcastle upon Tyne.
67. - Nottingham.
68. - Portsmouth." |
Ordered, That the said Papers do lie on the Table.
Private Bills, Orders respecting.
Ordered, That this House will not receive any Petition
for a Private Bill after Thursday the 25th Day of March
next.
Ordered, That this House will not receive any Report
from the Judges, upon Petitions presented to this House
for Private Bills, after Wednesday the 21st Day of April
next.
Ordered, That the said Orders be printed and
published, and affixed on the Doors of this House and
Westminster Hall.
Message from H.C. for Minutes of Evidence on the Coal Trade:
A Message was brought from the House of Commons,
by Mr. Tennyson and others, as follows:
"My Lords,
"The Commons have directed me to request, That
your Lordships will be pleased to communicate to them,
A Copy of the Minutes of the Evidence taken during
the last Session of Parliament before the Select Committee of the House of Lords appointed to inquire into
the State of the Coal Trade."
And then they withdrew.
Evidence delivered.
It was moved, "That the said Minutes of Evidence be
communicated to the Commons."
The same was agreed to; and Ordered accordingly.
The Messengers were again called in; and a Copy of
the said Minutes of Evidence was delivered to them, as
desired.
The King's Answer to the Address.
The Lord Chamberlain reported, "That the Lords
with White Staves had (according to Order) waited on
His Majesty with their Lordships Address of Thursday
last; to which His Majesty was pleased to return the
following most gracious Answer; (viz
t.)
"My Lords,
"I thank you for your loyal and dutiful Address.
"I rely with just Confidence on your zealous Cooperation in all Measures calculated to improve the
Condition of My Subjects, and to maintain the Honour
and high Character of the Country."
Ordered, That the said Address, together with His
Majesty's most gracious Answer thereto, be forthwith
printed and published.
Slaves in Trinidad, &c. Order in Council respecting, delivered.
The Lord President (by His Majesty's Command) laid
before the House,
"An Order of the King in Council for consolidating
the several Laws recently made for improving the
Condition of the Slaves in His Majesty's Colonies of
Trinidad, Berbice, Demerara, St. Lucia, the Cape of
Good Hope and Mauritius;" dated the 2d of February
1830.
And the Title thereof being read by the Clerk;
Ordered, That the said Paper do lie on the Table.
Lords summoned.
Ordered, That all the Lords be summoned to attend
the Service of the House To-morrow.
Lords summoned.
Ordered, That all the Lords be summoned to attend
the Service of the House on Friday next.
Allardice & Boswell v. Robertson, Leave to annex Bill of Exceptions.
Upon reading the Petition of Robert Barclay Allardice
and John Boswell Esquires, Appellants in a Cause depending in this House, to which John Robertson is Respondent;
setting forth, "That the Petitioners did on the 23d Day
of May last present their Petition of Appeal to their
Lordships, complaining of Two several Interlocutors
of the Lords of the Second Division of the Court of
Session in Scotland, of the 13th of December 1827, and
14th May 1829, and Four several Orders of the Jury
Court there, of the 7th March, the 10th July and 19th
December 1828, and 15th January 1829, pronounced
in an Action of Damages raised against the Petitioners
by the said Respondent; to which Appeal the said
Respondent has put in his Answer, but hath not yet
delivered to the Clerk of the Parliaments his printed
Case upon such Appeal: That since presenting the
said Petition, Doubts have been entertained how far,
under the several Acts of Parliament regulating Appeals
to this House, it was necessary in this Case to annex to
the said Petition a Bill of Exceptions tendered on the
Petitioners Behalf, and disallowed by the Interlocutor
of the 14th May, appealed from to their Lordships;
and the Petitioners have been advised, in order to
remove such Doubts, and to enable their Lordships to
adjudicate on the entire Merits of the Case, humbly to
prefer their Petition to their Lordships for Leave to
annex such Bill of Exceptions to their said Petition of
Appeal;" and therefore praying their Lordships,
That they may be at liberty to annex to their said
Petition of Appeal the Bill of Exceptions so disallowed
by the Order of the 14th May, appealed against to
their Lordships:"
It is Ordered, That the Petitioners be at liberty to
annex to their said Petition of Appeal the Bill of Exceptions so disallowed by the Order of the 14th of May,
appealed against, as desired.
Stewart v. Fullarton et al.
Ordered, That the Cause wherein Frederick Campbell
Stewart Esquire is Appellant, and Stewart Murray
Fullarton Esquire, and others, are Respondents, be heard
by Counsel at the Bar on Wednesday next.
Bruce v. Bruce.
Ordered, That the Cause wherein James Carstairs Bruce
Esquire is Appellant, and Thomas Bruce Esquire is
Respondent, be heard by Counsel at the Bar on Wednesday next.
Logans v. Wright et al:
Upon reading 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 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 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 Dalglish, Alexander Maclister, 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, Thomas Muir, Charles Paterson, Thomas Wright,
James Millar, Mrs. Ann Truman, Edward Jackson,
John M'Callum, Reverend James Gardner, John Campbell and Alexander Gardner may be required to answer
the said Appeal:"
It is Ordered, That the said John Wright, 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 Monday the
8th Day of March 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.
Caldwell to enter into a Recog ce on it.
The House being moved, "That David Caldwell of
Golden Square, in the County of Middlesex, Gentleman,
may be permitted to enter into a Recognizance for
Walter Logan Esquire and John Maxwell Logan, on
account of their Appeal depending in this House, they
residing in Scotland:"
It is Ordered, That the said David Caldwell may
enter into a Recognizance for the said Appellants, as
desired.
Grahame v. Jolly.
Upon reading the Petition and Appeal of Francis
Grahame Esquire, of Morphie, in the County of Kincardine, in Scotland; complaining of Six Interlocutors of the
Lord Ordinary in Scotland, of the 5th Day of December
1820, the 17th Day of November 1821, the 22d Day of
May and 14th Day of June 1822, the 14th Day of June
1828 and the 13th Day of November 1829; and also
of Three Interlocutors of the Lords of Session there, of
the Second Division, of the 24th Day of February 1824,
the 12th Day of December 1827 and the 2d Day of July
1829, except in so far as this last one refuses the Desire
of the reclaiming Note for Stewart Jolly; and praying,
"That the same may be reversed, varied or altered, or
that the Appellant may have such other Relief in the
Premises, as to this House, in their Lordships great
Wisdom, shall seem meet; and that Stewart Jolly,
in Morphie, may be required to answer the said
Appeal:"
It is Ordered, That the said Stewart Jolly may have
a Copy of the said Appeal, and do put in his Answer
thereunto, in Writing, on or before Monday the 8th Day
of March 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.
Lords summoned.
Ordered, That all the Lords be summoned to attend
the Service of the House on Friday next.
Lords summoned.
Ordered, That all the Lords be summoned to attend
the Service of the House on Thursday the 18th of this
instant February.
Lords summoned.
Ordered, That all the Lords be summoned to attend
the Service of the House on Thursday the 25th of this
instant February.
Report from the Journal Comee.
The Earl of Shaftesbury reported from the Lords SubCommittees appointed to consider of the Orders and
Customs of this House, and of the Privileges of the
Peers of Great Britain and Ireland, and Lords of Parliament, and to peruse and perfect the Journals of this and
former Sessions of Parliament; "That the Committee
had met, and had come to the following Resolution;
(viz
t.)
"Resolved, That there being now ready for Delivery
the 55th Volume of the Journals, containing the Two
Sessions of 1822 and 1823, beginning the 5th of
February 1822 and ending the 25th of November 1823,
with Sessional Indexes thereto, and also the 61st
Volume, beginning the 5th of February 1829 and
ending the 10th of December 1829, with an Index
thereto, which Volumes have been printed in pursuance of the Order of the House of the 15th of June
1793, the said Volumes be delivered in the same
Manner as the preceding Volumes of the Journals have
been delivered."
Which Report, being read by the Clerk, was agreed to
by the House; and Ordered accordingly.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Martis, nonum
diem instantis Februarii, horâ undecimâ Auroræ, Dominis
sic decernentibus.