House of Lords Journal Volume 64: 12 December 1831

Die Lunæ, 12° Decembris 1831.

DOMINI tam Spirituales quam Temporales presentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Miller et al. v. Miller et al.

The Answer of John Miller Esquire, Writer to the Signet, to the Petition and Appeal of William Miller, eldest Son of Thomas Miller Esquire, younger, of Glenlee, deceased, and Mrs. Edwina Miller, Widow of the said Thomas Miller; The Honorable John Hay Forbes, One of the Senators of the College of Justice; and Charles Lenox Cumming Bruce Esquire, of Roseisle and Kinnaird, Curators of the said William Miller, Appellants, was this Day brought in.

E. of Ashburnham takes the Oaths.

This Day Bertram Earl of Ashburnham took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. of Roxburghe et al. v. Ker: Sir P. Walker v. Craig.

The House being informed, "That Robert Ker Esquire, Respondent to the Appeal of James Henry Robert Duke of Roxburghe, and others; and James Gibson Craig Esquire, Respondent to the Appeal of Sir Patrick Walker, had severally omitted to put in their Answers to the said Appeals, though duly served with the Orders of this House for that Purpose:"

And Affidavits of the due Service of such Orders being read;

Ordered, That the said Respondents do respectively put in their Answers to the said Appeals peremptorily within a Week.

Browne v. W. & D. Tighe:

Upon reading the Petition and Appeal of William Browne Esquire, of Browne's Hill, in the County of Carlow, in that Part of the United Kingdom of Great Britain and Ireland called Ireland; complaining of a Decree of the Court of Exchequer in Ireland, of the 15th of February 1831; and praying, "That the same may be reversed, 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 William Frederick Fownes Tighe and Daniel Tighe may be required to answer the said Appeal:"

It is Ordered, That the said William Frederick Fownes Tighe and Daniel Tighe 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 16th Day of January next; and Service of this Order upon the said William Frederick Fownes Tighe and Daniel Tighe's Attorney or Agent in the Cause shall be deemed good Service.

Bainbridge to enter into a Recogce on it.

The House being moved, "That Henry Bainbridge of Saint Paul's Church Yard, in the City of London, Banker, may be permitted to enter into a Recognizance for William Browne Esquire, on account of his Appeal depending in this House:"

The same was agreed to; and Ordered accordingly.

Thornhill et al. v. Hall, Respondent's Petition respecting the Recogce, referred to Appeal Com ee.

Upon reading the Petition of Frederick Hall, Respondent in a Cause depending in this House, to which Richard Badham Thornhill, and others, and Appellants; stating, "That the said Richard Badham Thornhill, who has entered into the Recognizance to answer Costs in this Appeal, has not any Property out of which he would be enabled to pay the Petitioner's Costs, should their Lordships order Costs to be paid to the Petitioner;" and therefore praying their Lordships, "That Elizabeth Thornhill Widow, George King Thornhill, James Badham Thornhill, Anne Rye otherwise Thornhill Widow, and Sophia Godsell otherwise Thornhill Widow, the other Appellants in the Cause, may be ordered to give Security to the Clerk of the Parliaments by Recognizance within such Time as to their Lordships shall seem meet, in compliance with their Lordships Standing Order in that respect, dated the 22d Day of June 1829; and that the said Appeal may not be heard at the Bar of their Lordships House until such Security for Costs as their Lordships shall order shall be duly given:"

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

Patison & Blincow v. Allan et al: Same v. same: Respondents Petitions to lodge their Cases, referred to Appeal Com ee.

Upon reading the Petition of Alexander Allan and Company, and others, Respondents in a Cause depending in this House, to which John Patison junior and William Blincow are Appellants; praying, "That their Lordships will be pleased to grant them Leave to lodge their Case:"

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

Upon reading the Petition of Alexander Allan and Company, and others, Respondents in a Cause depending in this House, to which John Patison junior and William Blincow are Appellants; praying, "That their Lordships will be pleased to grant them Leave to lodge their Case:"

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

Miller et al. v. Miller et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of John Miller Esquire, and others, Respondents in a Cause depending in this House, to which William Miller, and others, are Appellants; praying their Lordships "to allow them to lodge their printed Case:"

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

Coals, Return respecting, delivered.

The House being informed, "That Mr. Pearsall, Clerk of the Coal Market, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 19th of October last,

"A Return of the Prices per London Chaldron of Seaborne Coals at the Coal Market in London upon each Market Day from 1st February to 17th October 1831; distinguishing the different Sorts of Coals."

And then he withdrew.

And the Title thereof being read by the Clerk.

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

Ordered, That the said Return be printed.

Grahame v. Alison et al. Appellant's Petition to restore the Appeal, referred to Appeal Com ee.

Upon reading the Petition of Francis Grahame Esquire, Appellant in a Cause lately depending in this House, to which John Alison, and others, were Respondents; stating, "That before the Time limited for the Petitioner to enter into the Recognizance to prosecute his Appeal had expired, the Parliament was Prorogued, and the Petitioner, who resides in Scotland, was, by reason thereof, prevented from so doing, and his Appeal was in consequence struck out of the List;" and therefore praying their Lordships, "That the said Petition of Appeal may be restored to the List of Appeals, and that he may now have the customary Time, by himself or his Surety, to enter into the usual Recognizance to prosecute the said Appeal:"

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Roll of Peers delivered.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared, and laid on the Table, the Roll of Peers, pursuant to the Order of the House."

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

Ordered, That the said Roll be printed.

Court of Exchequer, Scotland, Papers respecting, delivered.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had received, by Post, from The Lord Chief Baron of the Court of Exchequer in Scotland,

"An Account of the Number of Causes brought in the Court of Exchequer in Scotland, distinguishing undefended Causes, Causes tried, defended Causes tried, and Causes compromised without any Trial, for the last Twenty Years, distinguishing each Year:"

And also, "A Return shewing the Number of Arguments on Law Points in the Court of Exchequer at Edinburgh during the last Twenty Years, distinguishing the Number of such Arguments during each of the said Years;" in pursuance of an Order of this House of the 19th of October last, and of a further Order of Friday last."

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

Ordered, That the said Papers be printed.

Crown Lands in New South Wales, &c. Address for Papers respecting.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "Copies of the Royal Instructions to the Governors of New South Wales, Van Diemen's Land and Western Australia, as to the Mode to be adopted in disposing of Crown Lands; together with such Parts of any Despatches addressed to them as relate to the same Subject, or to the Means by which Emigration may be facilitated."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum tertium diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.