Die Jovis, 11 Februarii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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| Ds. Lyndhurst, Cancellarius. |
Epus. Oxon.
Ds. Teynham.
Ds. King.
Ds. Calthorpe.
Ds. Ellenborough.
Ds. Bexley.
Ds. Wharncliffe.
Ds. Seaford. |
Comes Bathurst, Præses.
Comes Rosslyn. C. P. S.
Dux Wellington.
March. Cleveland.
Comes Shaftesbury.
Comes Stanhope.
Vicecom. Torrington.
Vicecom. Gordon.
Vicecom. Goderich. |
PRAYERS.
Russell et a v. E. of Breadalbane:
Upon reading the Petition and Appeal of Claud Russell
Esquire, Accountant in Edinburgh, Trustee for John
Campbell Esquire, Writer to the Signet, deceased, and his
Creditors; and of The Reverend Doctor Snell Jones,
Minister of Lady Glenorchy's Chapel in Edinburgh,
Doctor John Abercrombie, Physician in Edinburgh, and
Cosmo Falconer, Writer in Edinburgh, Trustees of the
deceased James Lea, Dentist in Edinburgh; The Reverend
James Haldane Stewart, Trustee of Miss Charlotte Stewart;
and The Honorable Archibald Macdonald and Dudley
Stewart Erskine Macdonald, both Sons of the deceased
Alexander Lord Macdonald; all Creditors of the said
John Campbell, Writer to the Signet, for themselves;
complaining of an Opinion or Interlocutor of the consulted
Judges of the First Division and permanent Lords
Ordinary of the Court of Session in Scotland, of the
12th of June 1827; also of an Interlocutor of the Second
Division of the said Court of Session there, of the 3d of
July 1827; also of Two Interlocutors of the Lord
Ordinary there, of the 13th and 17th of May 1828; and
also of Two Interlocutors of the said Court of Session, of
the Second Division, of the 18th of June and 4th of
July 1829; and praying, "That the same may be
reversed, varied or altered, so far as complained of, 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 Earl of
Breadalbane may be required to answer the said
Appeal:"
It is Ordered, That the said John Earl of Breadalbane
may have a Copy of the said Appeal, and do put in his
Answer thereunto, in Writing, on or before Thursday the
11th Day of March next; and Service of this Order upon
the said Respondent, or upon any of his known Agents
in the Court of Session in Scotland, shall be deemed good
Service.
Robertson to enter into a Recog ce on it.
The House being moved, "That David Robertson of
Great George Street, Westminster, Gentleman, may be
permitted to enter into a Recognizance for Claud Russell
Esquire, and others, on account of their Appeal depending in this House, they being resident in Scotland:"
It is Ordered, That the said David Robertson may enter
into a Recognizance for the said Appellants, as desired.
M. of Westmeath v. M. of Salisbury et al. March. of Westmeath's Petition for final Decision, referred to Appeal Com ee.
Upon reading the Petition of Emily Marchioness of
Westmeath, One of the Respondents in a Cause depending
in this House, to which George Thomas John Marquess
of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents; praying their Lordships "to take this Appeal into their immediate Consideration, and decide thereon forthwith:"
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.
Freeman et al. v. Fairlie et al. Appellants Petition to enlarge Time for entering into Recog ce, referred to Appeal Com ee.
Upon reading the Petition of Ann Freeman, and others,
Appellants in a Cause depending in this House, to which
William Fairlie, and others, are Respondents; praying
their Lordships, "That the Time for entering into the
Recognizance on this Appeal may be enlarged; and
that the further Proceedings in the said Appeal may
be suspended until after the Hearing, in the Court of
Chancery, of the new or original Cause, in the Nature
of a Supplemental Cause, instituted by Elizabeth Oldham, and William Smith and Charlotte his Wife, Heirs
at Law ex-parte paternâ of Samuel Oldham the Intestate; and that their Lordships will be pleased to
appoint an early Day for the Hearing of this
Petition:"
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.
Law respecting Real Property, Report on, delivered.
The Earl of Shaftesbury laid before the House,
pursuant to an Address to His Majesty of Tuesday
last,
"A Copy of the First Report made to His Majesty
by the Commissioners appointed to enquire into the
Law of England respecting Real Property."
And the Title thereof being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Ordered, That the said Report be printed.
Napier v. Goldie et al:
Upon reading the Petition and Appeal of John Napier
Esquire, of Mollance, complaining of Two Interlocutors
of the Court of Session in Scotland, of the First Division,
of the 1st of December (signed the 3d) 1829 and the
21st (signed the 26th) of January 1830, in so far as they
alter the Findings in the Interlocutor of the Lord Ordinary of the 11th of July 1829; and praying, "That
the same may be reversed, varied or amended, 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 Alexander Goldie,
the common Agent, Alexander Crombie, Lady Gordon
and Xaveria Glendonwyn, may be required to answer
the said Appeal:"
It is Ordered, That the said Alexander Goldie, 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 Thursday
the 11th Day of March next; and Service of this Order
upon the said Respondents, or any of their known Counsel
or Agents in the Court of Session in Scotland, shall be
deemed good Service.
Macdougall to enter into a Recog ce on it.
The House being moved, "That Alexander Henderson
Macdougall of Parliament Street, Westminster, Gentleman, may be permitted to enter into a Recognizance
for John Napier Esquire, on account of his Appeal
depending in this House, he residing in Scotland:"
It is Ordered, That the said Alexander Henderson
Macdougall may enter into a Recognizance for the said
Appellant, as desired.
Harris v. Kemble et al.
The House being informed, "That Francis Const,
William Harrison and James Trotter, some of the
Respondents in the Appeal wherein Henry Harris is
Appellant, and Charles Kemble, and others, are Respondents, had not put in their Answer to the said
Appeal, though duly served with the Order of this
House for that Purpose:"
And thereupon an Affidavit of George Hembrow, Clerk
to William Henry Surman of Lincoln's Inn, in the County
of Middlesex, Solicitor, 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 in a Week.
Douglas et al. v. Brown & Craig.
The House being informed, "That Walter Brown and
James Gibson Craig, Respondents to the Appeal of Henry
Alexander Douglas, and others, had not put in their
Answer to the said Appeal, though duly served with
the Order of this House for that Purpose:"
And thereupon an Affidavit of Daniel Fisher of the
City of Edinburgh, Solicitor in the Supreme Courts of
Scotland, 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 in a Week.
Allen et al. v. Winter et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein James Allen, and
others, are Appellants, and James Winter, and others,
are Respondents:"
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.
Distress of the Country, Petition from Stow-on-the-Wold respecting.
Upon reading the Petition of the several Persons
whose Names are thereunto subscribed, being Proprietors
of Land, Farmers and Tradesmen at and in the Neighbourhood of Stow-on-the-Wold, in the County of Gloucester; praying their Lordships "to search into the
Cause of and provide a Remedy for the general Distress, by repealing the Malt and Beer Duties, in as
much as such Repeal would benefit the suffering
Classes generally, but particularly the Poor Labourers,
by placing within their Reach a resuscitating and
wholesome Beverage:"
It is Ordered, That the said Petition do lie on the
Table.
East India Co. Papers respecting, referred to Com ee on the Affairs of.
Ordered, That the several Papers relating to the
Finances of The East India Company Abroad and at
Home, and the Trade of India and China, presented to
the House on Tuesday last, be referred to the Select
Committee appointed to enquire into the present State
of the Affairs of The East India Company, and into
the Trade between Great Britain, the East Indies and
China.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Veneris, duodecimum diem instantis Februarii, horâ undecimâ Auroræ,
Dominis sic decernentibus.