Die Sabbati, 1° Octobris 1831.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
|
|
Ds. Brougham
& Vaux,
Cancellarius. |
Epus. Corcagen, &c.
- |
Comes Charlemont.
Ds. Redesdale.
Ds. Chaworth. |
PRAYERS.
Hicks & Williams v. Morant.
After hearing Counsel fully in the Cause wherein
Robert Hicks and Richard Williams are Appellants, and
John Morant Esquire, is Respondent:
It is Ordered, That the further Consideration of the
said Cause be put off sine Die.
Dickson et al. v. Cuninghame & Ld. Medwyn:
The House proceeded to take into further Consideration
the Cause wherein David Dickson Esquire, and others,
are Appellants, and John Cuninghame Esquire and The
Honorable John Hay Forbes Lord Medwyn are Respondents:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Wednesday the 30th
and Thursday the 31st Days of March as on Monday
the 4th Day of April last, upon the Petition and Appeal
of David Dickson Esquire, Advocate, eldest Son of John
Dickson Esquire, Advocate, Alexander Dickson Esquire,
Advocate, Second Son of the said John Dickson, The
Reverend Doctor David Dickson and James Wardrobe
Dickson Esquire, Advocate, both Sons of the deceased
Reverend David Dickson of Persilands; complaining of
an Interlocutor of the Lord Ordinary in Scotland, of the
10th Day of July 1824, except in so far as it sustains the
Title of the Petitioners to pursue this Action; also of
an Interlocutor of the said Lord Ordinary, of the 12th Day
of November 1824; and also of Two Interlocutors of the
Lords of Session there, of the First Division, of the 3d
(signed 10th) of March and the 6th of June 1829; 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 separate Answer of John
Cuninghame Esquire of Duchrae, and also upon the
separate Answer of The Honorable John Hay Forbes
Lord Medwyn, One of the Senators of the College of
Justice, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in
this Cause:
Interlocutors 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 Interlocutors therein complained of,
be, and the same are hereby Affirmed.
Ker & Johnston v. Bell et al:
The House proceeded to take into further Consideration the Cause wherein James Ker and Henry Johnston
Esquires are Appellants, and John Bell Esquire, and
others, are Respondents:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Wednesday the 14th
as on Thursday the 15th and Tuesday the 20th Days of
September last, upon the Petition and Appeal of James
Ker and Henry Johnston Esquires, Managers to and for
behoof of the Leith Banking Company, Leith; complaining of an Interlocutor of the Lords of Session in Scotland,
of the First Division, of the 12th and signed 14th May
1830; and praying, "That the same might be reversed,
varied or altered, 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 Bell Esquire, of Dunnabie,
One of the Cautioners to the Leith Banking Company,
Leith, for Archibald Scott, Writer in Langholm, as Agent
for the said Banking Company, and Percy Hedley at
Beanshaugh, Robert Scott at Todshawhaugh, Alexander
Hay Borthwick at Hoperig, Thomas Stavert at Larchtree,
Richard Davidson at Swinnie, and George Davidson, Merchant in Jedburgh, the Testamentary Trustees of the
deceased Walter Jardine of Thorlieshope, another of the
Cautioners to the said Banking Company for the said
Archibald Scott, put in to the said Appeal; and due
Consideration had this Day 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 therein complained of,
be, and the same is hereby Affirmed.
The Burntisland Whale Fishing Co. et al. v. Trotter et al:
The House proceeded to take into further Consideration the Cause wherein The Burntisland Whale Fishing
Company, and others, are Appellants, and William Trotter
Esquire, and others, are Respondents:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel for the Appellants on Tuesday
the 6th Day of September last, upon the Petition and
Appeal of The Burntisland Whale Fishing Company, and
of James Farnie, Ship Owner in Burntisland, James
Brown, Plumber in Edinburgh, Henry Armstrong, Brazier
there, David Nisbet, Architect there, James Sceales,
Merchant in Leith, Wood Sinclair, Cooper there, and
David Halket, Insurance Broker in London, Individual
Partners thereof; complaining of an Interlocutor of the
Lord Ordinary in Scotland, of the 18th of October 1830;
and also of an Interlocutor of the Lords of Session there,
of the Second Division, of the 7th Day of December 1830;
in so far as they award temporary Interdict at the Complainers Instance against them; 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 joint and separate Answers of William Trotter Esquire,
of Ballendean; Miss Jane Davidson Broughton of Rosend;
Alexander Campbell Beatson Esquire; John David Anderson Esquire, residing in Burntisland; The Reverend
Charles Watson of Burntisland, with the Concurrence of
the Presbytery of Kirkaldy; Miss Christian Young, residing in Burntisland; John Leven, Writer to the Signet;
Mrs. Christian Charteris or Wemyss, Widow of the late
Reverend James Wemyss, Minister of Burntisland; Misses
Christian and Grace Ballantine, residing there; Mrs. Agatha
Boog or Laughton, residing in Edinburgh; and Mrs. Janet
Jamieson or Torrie, Widow of the late Patrick Torrie
Esquire, of Burntisland, put in to the said Appeal; and
Counsel appearing for the Respondents in the said Appeal;
the Counsel were directed to withdraw; and due Consideration had this Day of what was offered for the
Appellants 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 said 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 Respondents the Sum of Two hundred Pounds,
for their Costs in respect of the said Appeal.
Dick v. Cuthbertson, et e con:
The House proceeded to take into further Consideration
the Cause wherein John Dick Esquire is Appellant, and
Donald Cuthbertson is Respondent, et e contra:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel on Wednesday the 21st Day of
September last, upon the Original Petition and Appeal of
John Dick of Wellshall, Esquire, Advocate; complaining
of an Interlocutor of the Lord Ordinary in Scotland, of
the 14th January 1829; also of so much of an Interlocutor
of the said Lord Ordinary of the 19th December 1829 as
finds the Title offered to the Petitioner a good and valid
Title, and finds the Letters orderly proceeded, and the
Petitioner liable in Expences from the Date of the
Lord Ordinary's Interlocutor of 14th January 1829,
first appealed from;" and also of so much of an Interlocutor of the Lords of Session there, of the Second
Division, of the 30th of November last, (signed 1st Current,)
as "finds that the Suspender (Petitioner) is not entitled
to be freed and relieved of the Obligations incumbent
on him under the Articles of Sale of the Property in
question, and that the Charger's Title thereto being
now complete, a good and valid Title has been offered
to the Suspender, (Petitioner,) adheres to the Interlocutor reclaimed against in the Suspension, in so far
as that Interlocutor was reclaimed against by the Petitioner, and refuses the Desire of the Petitioner's Reclaiming Note, and in the Action of Declarator and
Reduction sustains the Defences, and assoilzies the
Defender from the Conclusions of the Summons, and
of new finds the Petitioner liable in the Expence found
due by the Interlocutor of 19th December 1829, and
remits to the Lord Ordinary to modify and decern for
the same;" and praying, "That the same might be
reversed, varied or altered, in so much as they are complained of, or that the Appellant might have such Relief
in the Premises, as to this House, in their Lordships
great Wisdom, should seem meet;" and likewise upon
the Cross Appeal of Donald Cuthbertson, Accountant in
Glasgow, Trustee on the sequestrated Estate of James
Corbet, late Agent in Glasgow; complaining of an Interlocutor of the Lords of Session in Scotland, of the
19th of January 1828; also of an Interlocutor of the
Lord Ordinary there, of the 19th of December 1829, in so
far as it finds the Suspender entitled to the Expences of
the Litigation subsequent to the Appeal, and allows an
Account thereof to be given in, and, when lodged, remits
to the Auditor to tax the same and report; and also of an
Interlocutor of the said Lords of Session, of the Second
Division, of the 30th December 1830, in so far as it adheres
to those Parts of the Interlocutor of the Lord Ordinary now
complained of, and refuses the Desire of the Petitioner's
Reclaiming Note, and reserves to the Lord Ordinary to
modify and decern for the Expences found due to the
Suspender by the Lord Ordinary's Interlocutor; 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 Donald Cuthbertson, Accountant in Glasgow,
designing himself Trustee on the sequestrated Estate of
James Corbet, late Agent in Glasgow, put in to the said
Original Appeal; and also upon the Answer of John
Dick Esquire, Advocate, of Wellshall near Hamilton, put
in to the said Cross Appeal; and due Consideration had
this Day of what was offered on both Sides in these Causes:
Interlocutors Affirmed, with a Declaration, & Cause remitted.
It is Declared, by the Lords Spiritual and Temporal in
Parliament assembled, That the Respondent having put
into Process a valid Conveyance to the Subjects in question,
on or about the 27th of June in the Year 1828, the Appellant became liable in the Payment of the Price of these
Subjects, with Interest thereof from the Period when such
valid Conveyance was so put into Process, but without
Interest for the Period preceding; and that the Rents and
Profits of the said Subjects ought to be accounted for to
the Purchaser from the same Period: And, with this Declaration, it is Ordered and Adjudged, That the Interlocutors
appealed from in the said Original and Cross Appeal, be,
and the same are hereby Affirmed: And it is further
Ordered, That the Cause be remitted back to the Court of
Session in Scotland, to do further therein as shall be just,
and consistent with the above Declaration.
Ker et al. v. Sir R.W. Vaughan:
The House proceeded to take into further Consideration
the Cause wherein John Bellenden Ker Esquire, and others,
are Appellants, and Sir Robert Williams Vaughan Baronet
is Respondent:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Tuesday the 20th as
on Wednesday the 21st and Saturday the 24th Days of
September last, upon the Petition and Appeal of John
Bellenden Ker and John Bulteil, Esquires, surviving Heirs
Portioners of Line of the deceased Lady Essex Ker, and
also Heirs Portioners of Line of the deceased Honorable
Henrietta Bellenden, who was the other Heir Portioner of
the said Lady Essex Ker, and Alexander Goldie, Writer to
the Signet, their Commissioner; complaining of an Interlocutor of the Lords of Session in Scotland, of the First
Division, of the 10th (signed the 11th) of March 1830;
and praying, "That the same might be reversed, varied
or amended, 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 Sir Robert Williams Vaughan Baronet, put
in to the said Appeal; and due Consideration had this
Day 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 therein complained of, be, and the
same is hereby Affirmed.
Wilson v. Ld. Kensington, & Meredith.
It was moved, "That the Order made on Wednesday
last, "That the Cause wherein Thomas Wilson is Appellant, and William Baron Kensington, and Edward Meredith, are Respondents, be heard by Counsel at the Bar
on Tuesday next," be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Ordered, That the said Cause be heard by Counsel at
the Bar on Monday next at Eleven o'Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Lunæ, tertium diem
instantis Octobris, horâ undecimâ Auroræ, Dominis sic
decernentibus.