Die Mercurii, 24° Novembris 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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Ds. Brougham &
Vaux,
Cancellarius. | |
| Epus. Glocestr. |
March. Cleveland.
Comes Verulam. |
PRAYERS.
Nicol v. Sir R. W. Vaughan et al.
The joint and several Answer of Sir Robert Williams
Vaughan Baronet, John Bellenden Ker, John Bultiel,
George Finch, Charles Fielding, Heneage Finch, Matilda
Fielding, John Drummond and Georgiana Augusta his
Wife, Lord Robert Stephen Fitzgerald and Lady Sophia
Charlotte his Wife, Georgiana Matilda Drummond, Augusta
Sophia Hicks, and James Henry Garrety, to the Petition
and Appeal of William Nicol, the Administrator of the
Goods, Chattels and Credits of George Nicol, late of Pall
Mall, in the County of Middlesex, Bookseller, deceased,
was this Day brought in.
M'Taggart v. Jeffrey:
The House proceeded to take into further Consideration
the Cause wherein John M'Taggart Esquire is Appellant,
and William Jeffrey is Respondent:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Wednesday the 10th
as on Thursday the 11th Days of this instant November,
upon the Petition and Appeal of John M'Taggart
Esquire, of Ardwell, for himself and others, as Executors
of the deceased John M'Taggart Esquire, of Ardwell, his
Father; complaining of an Interlocutor and Decree of
the Lords of Session in Scotland, of the First Division, of
the 28th of February 1828, in so far as it dismissed the
Petitioner's Petition and Complaint, and found no Expences due to the Petitioner; and praying, "That the
same might be reversed, varied or altered, in so far
as complained of, or that the Appellant 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 William Jeffrey, Accountant in
Glasgow, Trustee on the Sequestrated Estates of the
Cotton Spinning and Manufacturing Company carrying
on Business in Glasgow and Gorbals, some Time under
the Firm of Alexander M'Kerlie, and some Time under
the Firm of the Gorbals Spinning Company, put in to the
said Appeal; and due Consideration had this Day of
what was offered on either Side in this Cause:
Interlocutor in part Reversed, with a Declaration, & Cause remitted.
It is Declared, by the Lords Spiritual and Temporal in
Parliament assembled, That the Discharge in the Pleadings
mentioned, and dated the 23d of August 1810, did not
extend to exoner or discharge the House of M'Kerlie
and M'Taggart, or the said Alexander M'Kerlie as an
Individual, from any Monies paid by John M'Taggart
the Father, or by his Executors, on account of the said
House, or of the said Alexander M'Kerlie, subsequent to
the Date of the said Discharge: And it is Ordered and
Adjudged, That the said Interlocutor, complained of in
the said Appeal, so far as is necessary to carry the above
Declaration into Effect, be, and the same is hereby
Reversed: And it is further Ordered, That with this Reversal and Declaration the Cause be remitted back to the
First Division of the said Court of Session, to proceed
therein according to the Terms of the Statute, 6° Georgii 4ti,
Cap. 120, and the Act of Sederunt made in pursuance
thereof, and in conformity with this Judgment.
Society of Sol rs of Edinburgh v. Smillie et al:
After hearing Counsel for the Appellants, as well
Yesterday as this Day, upon the Petition and Appeal of
the Society of Solicitors before the Commissary, Sheriff
and City Courts of Edinburgh, and John Gray, Præses,
and Alexander Cameron, Clerk of the said Society or
Corporation; complaining of Two Interlocutors of the
Lords of Session in Scotland, of the First Division, of the
4th (signed the 5th) and 13th December 1828; and praying, "That the same might be reversed, varied or altered,
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 Matthew Smillie, Alexander Ross, John Harvey and
Alexander Simson, Writers or Solicitors in Leith, put
in to the said Appeal; and Counsel appearing for the
spondents in the said Appeal; the Counsel were directed
to withdraw:
Interlocutors Affirmed, with Costs.
Ordered and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Petition
and Appeal be, and is hereby dismissed this House, and
that the Interlocutors therein complained of, be, and the
same are hereby Affirmed: And it is further Ordered,
That the Appellants do pay or cause to be paid to the said
Respondents, the Sum of One hundred Pounds for their
Costs in respect of the said Appeal.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Jovis, vicesimum
quintum diem instantis Novembris, horâ undecimâ Auroræ,
Dominis sic decernentibus.