Die Mercurii, 7 °Septembris 1831.
DOMINI tam Spirituales quam Temporales præsentes
Harris v. Kemble et al.
After hearing Counsel further in the Cause wherein
Henry Harris is Appellant, and Charles Kemble, and
others, are Respondents:
It is Ordered, That the further Hearing of the said
Cause be put off to Monday next.
Copy of Record of Proceedings in the King's Bench (Ireland) against D. O'Connell et al. to be printed.
Ordered, That the Copy of the Record of the Proceedings in the Court of King's Bench in Ireland against
Daniel O'Connell Esquire, and against Daniel O'Connell
Esquire, and others, in the Court of King's Bench in
Ireland, together with the Date and respective Dates of
such Record or Records, delivered to the House on the
18th Day of August last, be printed.
Bp. Cork's Bill.
The Earl of Shaftesbury reported from the Lords
Committees, to whom the Bill, intituled, "An Act to
repeal an Act passed in the Parliament of Ireland in the
Thirty-second Year of the Reign of King George the
Third, relating to a Portion of the Lands of Ballinaspeg,
near the City of Cork, belonging to the See of Cork;
and to enable the Bishops of that See to demise the
same, under certain Restrictions," was committed;
That they had considered the said Bill, and examined
the Allegations thereof, which were found to be true;
that the Parties concerned had given their Consents to
the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several
Which Amendments, being read Twice by the Clerk,
were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be
Leys & Co. v. Ld. Forbes et al:
The House proceeded to take into further Consideration the Cause wherein Leys, Masson and Company are
Appellants, and James Ochoncar Lord Forbes, and others,
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, on Thursday and Friday last,
upon the Petition and Appeal of Leys, Masson and Company, Manufacturers in Aberdeen; complaining of an
Interlocutor of the Court of Session in Scotland, of the
Second Division, of the 11th of March 1831; and praying, "That the same might be reversed, varied or
amended, 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 James Ochonchar Lord Forbes, John
Farquharson Esquire, of Haughton, Hugh Gordon Esquire,
of Manar, Sir John Forbes of Craigievar, Baronet, and
the Trustees of the late Sir William Forbes of Craigievar,
Baronet, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in
Interlocutor Affirmed, with a Declaration, & Cause remitted.
It is Declared, by the Lords Spiritual and Temporal,
in Parliament assembled, That the Meaning and Intention of the Issues directed in this Case were to raise the
Question whether the Canal and Dam Dyke of the Appellants are or are not injurious to the Respondents
Fishings, as well in the actual State of the River, as
after, by lawful Means, that State shall be changed by the
Removal or Regulation of other Dykes in the River
Don in the Proceedings mentioned, so that the Question
in the Issues must be answered in the Affirmative if the
Jury find either that there is now any Injury in the
actual State, or that there would be Injury in the State
so altered, or that the Canal and Dyke are or would be
injurious in both States of the River; and, with this Declaration, it is Ordered and Adjudged, That the Interlocutor
complained of in the said Appeal be, and the same is
hereby Affirmed: And it is further Ordered, That the
Cause be remitted back to the Court of Session in Scotland, to proceed further therein, as shall be consistent
with this Judgment and as shall be just.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Veneris, nonum
diem instantis Septembris, horâ decimâ Auroræ, Dominis