House of Lords Journal Volume 63: 17 September 1831

Die Sabbati, 17 °Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

J. & W. Dixon v. The Monkland Canal Navigation Co. et e con:

After hearing Counsel this Day upon the Original Petition and Appeal of John and William Dixon Esquires, of the Calder Coal and Iron Works, Sons and Disponees and Representatives of the late William Dixon Esquire, of the Calder Coal and Iron Works; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 27th (signed the 28th) of May 1830, in so far as the same finds, as to the Claim for Repetition of Duties subsequent to 28th March 1804, that the late Mr. Dixon having voluntarily paid those Duties, and having failed to put The Monkland Canal Company on its Guard by any Requisition or Intimation that the Company should deepen the Canal, or that otherwise he did not consider himself liable for the Duties, the Petitioners, post tantum Temporis, were not entitled to Repetition of these Duties; and in so far as the said Interlocutor sustains the Defences founded on the above Circumstances, and assoilzies the Defenders from the Conclusions of the Action; and praying, "That their Lordships would reverse, vary or alter the Parts of the said Interlocutor 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;" and likewise upon the Cross Appeal of the Company of Proprietors of The Monkland Navigation, complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 27th (signed 28th) May 1830, in so far as it "finds no Expences due by either Party," and does not find the Petitioners entitled to the Expences of Process; 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 Answer of the Company of Proprietors of The Monkland Navigation put in to the said Original Appeal; and also upon the Answer of John and William Dixon Esquires, of the Calder Coal and Iron Works, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:

Interlocutor Affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Original and Cross Appeals be, and are hereby dismissed this House, and that the Interlocutor therein complained of, be, and the same is hereby Affirmed.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Ld. Templemore introduced.

Arthur Chichester Esquire, being, by Letters Patent bearing Date the 10th Day of September, in the Second Year of the Reign of His present Majesty, created Baron Templemore of Templemore, in the County of Donegall, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Howard de Walden and The Lord Foley, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Speaker at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (viz^t.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved Arthur Chichester of Templemore, in Our County of Donegall, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself at Westminster, the Tenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Dillon v. Sir W. Parker.

It was moved, "That the Order made Yesterday, "That the Cause wherein John Joseph Dillon Esquire is Appellant, and Sir William Parker Baronet is Respondent, be further heard by Counsel at the Bar on Monday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Harris v. Kemble et al.

It was moved, "That the Order made on Monday last, "That the further Hearing of the Cause wherein Henry Harris is Appellant, and Charles Kemble, and others, are Respondents, be put off to Monday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Hunter v. Roughead & Melrose.

Ordered, That the Hearing of the Cause wherein James Hunter is Appellant, and Mrs. Isabel Roughead or Dickson or Melrose, and William Melrose her Husband, are Respondents, which stands appointed for this Day, be put off to Monday next.

Balmer v. Hogarth et al.

Ordered, That the Cause wherein Thomas Balmer is Appellant, and John Hogarth Esquire, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

Balmer v. Hogarth.

Ordered, That the Cause wherein Thomas Balmer is Appellant, and John Hogarth Esquire is Respondent, be heard by Counsel at the Bar on Monday next.

Megget & Roy v. Douglas.

Ordered, That the Cause wherein Thomas Megget and James Roy are Appellants, and Alexander Douglas is Respondent, be heard by Counsel at the Bar on Monday next.

Spring Guns Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to permit the setting of Spring Guns and Man Traps in certain Cases."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Septembris, horâ decimâ Auroræ, Dominis sic decernentibus.