House of Lords Journal Volume 63: 22 June 1831

Die Mercurii, 22° Junii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Tenterden sat Speaker by virtue of a former Commission.

Taylor v. Sir W. C. Fairlie et al.

The Answer of Sir William Cunningham Fairlie Baronet, The Reverend Richard Rainshaw Rothwell, Rector of Sefton, in Lancashire, and James Miller Esquire, Writer in Edinburgh, Trustees for the Creditors of the said Sir William Cunningham Fairlie, to the Petition and Appeal of William Taylor Esquire, late of Nethermains, was this Day brought in.

Leys & Co. v. L d Forbes et al.

As was also, The Answer of The Right Honorable James Ochoncar Lord Forbes, John Farquharson Esquire, of Haughton, Hugh Gordon Esquire, of Manor, Sir John Forbes of Craigievar, Baronet, and the Trustees of the late Sir William Forbes of Craigievar, Baronet, to the Petition and Appeal of Messieurs Leys, Masson and Company, Manufacturers in Aberdeen.

The Monkland Canal Co. v. J. & W. Dixon.

Also, The Answer of John and William Dixon Esquires, of the Calder Coal and Iron Works, to the Petition and Cross Appeal of the Company of Proprietors of the Monkland Navigation.

Cuthbertson v. Dick.

Also, The Answer of John Dick Esquire, Advocate, of Wellshall, near Hamilton, to the Petition and Cross Appeal of Donald Cuthbertson.

Cathcart v. Sir J. A. Cathcart & Ritchie.

Also, The Answer of Sir John Andrew Cathcart Baronet, of Carleton, and Henry Ritchie Esquire, of Busbie, his Curator, to the Petition and Appeal of John Cathcart of Carleton and Genoch, Esquire.

Megget & Roy v. Douglas.

And also, The Answer of Alexander Douglas, Writer to the Signet, Edinburgh, to the Petition and Appeal of Thomas Megget, Writer to the Signet, and James Roy, Writer in Edinburgh.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Appeal Comee appointed:

Ordered, That the Lords following be appointed a Committee to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House; and to report to the House:

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

All Lords added to the Com ee.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the said Committee, be added thereto.

Mackenzie v. Rose.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Murdo Mackenzie Esquire is Appellant, and Hugh Rose Esquire is Respondent, ex-parte, the Respondent not having put in his Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

Lovat Peerage, Com ee to meet.

Upon reading the Petition of Thomas Alexander Fraser Esquire, claiming the Title and Dignity of Baron Lovat; praying, That their Lordships will appoint the Committee for Privileges to meet on Thursday the 30th of June, to proceed further on the Petitioner's Case and Claim:"

It is Ordered, That the Committee for Privileges do meet to consider further of the said Claim on Wednesday the 29th of this instant June; and that Notice thereof be given to His Majesty's Attorney General and The Lord Advocate for Scotland.

Cadell v. Palmer et al. Appellant's Petition for an early Day, & for the Judges to attend, referred to Appeal Com ee.

Upon reading the Petition of Thomas Cadell Esquire, Appellant in a Cause depending in this House, to which Arthur Palmer, and others, are Respondents; praying, "That their Lordships will be pleased to appoint an early Day, before the 9th Day of July, for hearing the said Cause, and that the Judges may be summoned to attend thereon:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Harland et al. v. Emerson et al.

Upon reading the Petition and Appeal of William Harland, William Charles Harland and Orfeur William Kilvington; complaining of an Order of the Court of Chancery, of the 22d Day of November 1830; and praying, "That the same may be reversed, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that James Lloyd Emerson, an Infant, by James Emerson his Father and next Friend, Jane Louisa Walcot, and Edmund George Denham, an Infant, by Eleanor Ann Denham, Widow, his Mother and next Friend, may be required to answer the said Appeal:"

It is Ordered, That the said James Lloyd Emerson, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 6th Day of July next; and Service of this Order on the Clerk in Court of the said Respondents shall be deemed good Service.

Simson & Parrott v. Jones&Innes, Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Jenkin Jones and John William Innes, Respondents in a Cause depending in this House, to which William Simson Esquire and Richard Parrott Esquire are Appellants; praying, "That their Lordship will be pleased to permit the Petitioners to lay the Print of their Case upon their Lordships Table, the Appellants Agent having signed the said Petition, as consenting thereto:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Earl Stanhope's et al. Petition referred to Judges.

Upon reading the Petition of The Right Honorable Philip Henry Earl Stanhope, The Right Honorable William Earl of Mansfield, and Dame Catherine Elizabeth Hawley, Widow of Sir Henry Hawley, late of Leybourne Grange, in the County of Kent, Baronet, deceased; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Justice of the Court of Common Pleas and Mr. Justice Patteson, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

His Majesty to be attended with the Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day, at Half after One o'Clock, at His Palace of Saint James."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Junii, horâ decimâ Auroræ, Dominis sic decernentibus.