House of Lords Journal Volume 63
1 October 1831

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'House of Lords Journal Volume 63: 1 October 1831', Journal of the House of Lords: volume 63: 1830-1831, pp. 1029-1030. URL: http://www.british-history.ac.uk/report.aspx?compid=17134 Date accessed: 31 July 2014.


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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.