House of Lords Journal Volume 64: 7 December 1831

Die Mercurii, 7° Decembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of aformer Commission.

Cameron v. Mackie et al.

The Answer of John Mackie Esquire, of Fenchurch Street, in the City of London, Merchant, James Alexander Simpson of Doughty Street, Mecklenburgh Square, in the City of London, Solicitor, and John Dick, Captain in the Royal Navy, Trust Disponees and Executors of the late James Dick of Finsbury Square, London, Esquire; and Alexander Pearson, Writer to the Signet, their Mandatory, to the Petition and Appeal of Patrick Cameron Esquire, was this Day brought in.

His Majesty to be attended with the Address.

The Lord Chamberlain 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 Two o'Clock, at His Palace of Saint James's."

J.&W.Dixon v. Fisher et al:

Upon reading the Petition and Appeal of John Dixon, lately residing at Daldowie, and William Dixon, residing at Galaknow, both near Glasgow, Sons and general Disponees and Executors of the deceased William Dixon of the Calder Coal and Iron Works; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 26th of May 1829, and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 24th of November 1831; and praying, "That the same may be reversed, varied or altered, 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 John Fisher, Janet Fisher, Margaret Fisher, Henry Fisher, and Frederick Fisher, and William Ellis, their Curator ad Litem, may be required to answer the said Appeal:"

It is Ordered, That the said John Fisher, 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 4th Day of January next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recogce on it.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Dixon and William Dixon, on account of their Appeal depending in this House, they residing in Scotland:"

The same was agreed to; and Ordered accordingly.

Appeal Com ee appointed:

Ordered, That all the Lords present this Day be appointed a Committee to consider of the Causes in which Prints of the Parties Cases, now depending in this House in Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House, and of other Matters relating thereto; and to report to the House:

Their Lordships, or any Five of them, to meet on Monday next, 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.

Logan et al. v. M. & J. Wienholt; Petition of an Appellant to revive Appeal, referred to Appeal Com ee.

Upon reading the Petition of John Daniel Birkett, One of the Appellants in a Cause depending in this House, in which Sarah Logan, and others, are Appellants, and Mary Wienholt and John Birkett Wienholt are Respondents, and as Executor of the last Will and Testament of the said Sarah Logan deceased; praying, "That their Lordships will be pleased to order that the said Appeal (which is abated in consequence of the Death of the said Sarah Logan) may stand revived in the Name of the Petitioner, as such Executor as aforesaid, in the Place and Stead of the late Appellant Sarah Logan; and that the Petitioner may, as such Executor as aforesaid, have the same Benefit of the said Appeal as the said Sarah Logan could or might have had if she had continued living:"

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

D. of Argyll, & Selkrig v. Mac Alister & Kelso, Petition to amend Appeal, referred to Appeal Com ee.

Upon reading the Petition of George William Duke of Argyll, and Charles Selkrig Esquire, Appellants in a Cause depending in this House, to which Alexander Mac Alister Esquire and Archibald Kelso are Respondents; praying their Lordships, "That they may have Leave to amend their Appeal by striking out of the same "Three Interlocutors of the Lord Ordinary, of the 12th of November 1829, the 22d of May 1830 and the 6th of July 1830, appealed against," they amending the Respondents Copy thereof:"

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

Clyne v. Sclater et al.

The House being informed, "That Robert Sclater, and others, Respondents to the Appeal of David Clyne, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And an Affidavit of the due Service of the said Order being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily within a Week.

White et al. v. Baugh & Beale.

Upon reading the Petition and Appeal of Richard White, Francis Jenks Burlton, Vincent Wheeler and James Eysam Graham; complaining of an Order of the Court of Chancery, of the 9th of February 1831, made in a certain Cause wherein John Salwey, an Infant, by Job Walker Baugh, his next Friend, but who has since attained the Age of Twenty-one Years, was Plaintiff, and Elizabeth Salwey, Theophilus Richard Salwey, William Radclyffe, Richard Salwey, lately deceased, Theophilus Salwey, Philip Keating Roche, Robert Myddelton Biddulph and George Ridge were Defendants; and praying, "That the said Order 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 the said Job Walker Baugh and Thomas Beale may be required to answer the said Appeal:"

It is Ordered, That the said Job Walker Baugh and Thomas Beale 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 21st Day of this instant December; and Service of this Order upon Mr. Abel Jenkins of New Inn, the Agent in London of the said Respondents, shall be deemed good Service.

North British Insurance Co. v. Barker.

The House being moved, "That a Day may be appointed for hearing the Cause wherein The North British Insurance Company are Appellants, and J Barker is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Maule v. Maule.

The House being informed, "That William Maule Esquire, Respondent to the Appeal of The Honorable William Maule, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And an Affidavit of the due Service of the said Order being read;

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily within a Week.

Thornhill et al. v. Hall, Respondent's Petition to lodge his Case, 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, are Appellants; praying, "That their Lordships will be pleased to order that the Petitioner may now be at liberty to lay Prints of his Case on their Lordships Table:"

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.

Adjourn.

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