Die Sabbati, 4° Decembris 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
|
|
Ds. Brougham
& Vaux,
Cancellarius. |
Epus. Glocestr.
-
Ds. King.
Ds. Ellenborough. |
Comes Essex.
Comes Radnor. |
PRAYERS.
Wilson et al. v. Sinclair.
After hearing Counsel fully in the Cause wherein
Archibald Wilson, and others, are Appellants, and Duncan
Sinclair is Respondent:
It is Ordered, That the further Consideration of the
said Cause be put off to Tuesday next.
Cogan v. Lyon et al:
The House proceeded to take into further Consideration the Cause wherein Hugh Cogan is Appellant, and
George Lyon, and others, are Respondents:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel on Tuesday the 30th Day of
November last upon the Petition and Appeal of Hugh
Cogan, Officer of Excise at Forthdale, in the Island of
Lewis, in the Hebrides, only surviving Son of the Marriage
between Alexander Cogan, some Time Officer of Excise in
Glasgow, now at Barrhead, in the Parish of Neilston, and
the now deceased Ann Mac Indoe his Wife; complaining
of Three Interlocutors of the Lords of Session in Scotland,
of the Second Division, of the 29th Day of May 1823,
27th Day of May 1825 and the 7th Day of December
1826; and praying, "That the same might be reversed,
varied or altered, or that the Appellant might have
such other Relief in the Premises, as to this House, in
their Lordships great Wisdom, should seem meet;"
as also upon the Answer of George Lyon, Tinsmith in
Glasgow, James Stewart, Grocer there, and John Ramsey,
Wright there, Trustees named in the Disposition and
Deed of Settlement after mentioned, executed by the
now deceased Ann Cumming, some Time Wife, afterwards
Widow, of Robert Hunter, some Time Candlemaker in
Glasgow; Mary Murray, residing in Glasgow, some Time
Wife of the deceased John Wilson, late Soldier in the
71st Regiment of Foot, now Wife of John Hannar or
Hannah, Stocking Weaver in Glasgow; Hunter Birkmyre,
Weaver in Glasgow, and Elizabeth Birkmyre and Isabel
Birkmyre, his lawful Children, the said Isabel Birkmyre
being now Wife of Gavin Allan, Weaver in Glasgow, and
the said Gavin Allan for his Interest; The Reverend
Gavin Gibb, Doctor of Divinity, Minister of the Gospel
of Saint Andrew's Parish, in Glasgow; and Lawrence Hill,
Writer in Glasgow, Treasurer and Clerk of that Charitable
Corporation there called Millan's Charity, for themselves
and on behalf of said Corporation or Charity, put in to
the said Appeal; and due Consideration had this Day of
what was offered on either Side in this Cause:
Interlocutors Affirmed.
It is 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.
Com rs of Charitable Donations et al. v. Harris et al:
The House (according to Order) proceeded to take
into further Consideration the Cause wherein The Commissioners of Charitable Donations, and others, are
Appellants, and Thomas Harris, and others, are Respondents:
And Consideration being had thereof accordingly;
The following Order and Judgment was made:
After hearing Counsel, as well on Monday the
5th Day of April as on Thursday last, upon the Petition
and Appeal of The Commissioners of Charitable Donations and Bequests, and of Francis Dillon and Mathew
Dillon Thomas Esquires; complaining of a Decree of the
Court of Exchequer in Ireland, of the 12th of June 1828,
and praying, "That the same might be reversed or varied,
or that the Appellants might have such further Relief in
the Premises, as to this House, in their Lordships great
Wisdom, should seem meet;" as also upon the joint
and separate Answers of Thomas Harris, Arthur Wise
and John Robinson, put in to the said Appeal; and due
Consideration had this Day of what was offered on either
Side in this Cause:
Decree Reversed, with a Declaration, & Cause remitted.
It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Decree
complained of in the said Appeal, be, and the same is
hereby Reversed: And it is Declared, That the ulterior
Limitations to the Charitable Uses in the said Decree
mentioned had taken Effect; and that Thomas St John
Dillon deceased, in the Pleadings mentioned, did not
become absolutely entitled to the said Personal Fortune;
and that the Respondent John Robinson is not entitled
thereto by virtue of the Wills of Thomas St John Dillon
and Anne Dillon otherwise Robinson: And it is further
Ordered, That the said Cause be remitted back to the
said Court of Exchequer, to do therein as shall be just
and consistent with this Judgment, without Prejudice to
such Claim as the Executors may be advised to make to
an Allowance in their Accounts of any Monies paid over
by them to Thomas St John Dillon in respect of the said
Property.
Haig v. Sir W. J. Homan et al:
The House (according to Order) proceeded to take
into further Consideration the Cause wherein Robert Haig
Esquire is Appellant, and Sir William Jackson Homan
Baronet, and others, are Respondents:
And Consideration being had thereof accordingly;
The following Order and Judgment was made:
After hearing Counsel Yesterday upon the Petition and
Appeal of Robert Haig of Roebuck, in the County of
Dublin, Esquire, which Appeal, upon the Death of One
of the Respondents, Mrs. Maria Faviere Widow, was, by
Order of this House of the 4th Day of November last,
revived and restored to the same State, Plight and Condition as the same was in at the Time of the Death of the
said Maria Faviere; complaining of Three Orders or
Decrees of the Court of Chancery in Ireland, of the
15th of February 1825, and the 1st of March and 27th of
June 1826; and praying, "That the same might be
reversed, varied or altered, or that the Appellant might
have such other Relief in the Premises, as to this
House, in their Lordships great Wisdom, should seem
meet;" as also upon the separate Answer of Anthony
L'Estrange; and also the joint and several Answers of
Sir William Jackson Homan Baronet, Henry Arabin,
Louisa House, Thomas Parsons Poe and Gertrude his
Wife, put in to the said Appeal; and due Consideration
had this Day of what was offered on either Side in this
Cause:
Judgment.
It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Decree
of the 15th of February 1825 be varied, by striking out
thereof all the Words from "deemed and taken" down to
the Word "Execution" inclusive, and by inserting in
lieu thereof the Words following; that is to say, "if they
have already been renewed, to have been renewed for
the Benefit of the said Plaintiffs, and as a Security for
the Two Annuities of £300 and £200 a Year, in the
Pleadings mentioned, and of the Arrears thereof for
the Terms respectively of 21 Years from the Date of
the last Renewal or new Lease of said Lands and
Premises obtained by the said Defendant Robert Haig
from The Lord Bishop of Kilmore; and if the same
have not been already renewed, then that the said
Leases be renewed to Edward Shannon upon the Trusts
of the Deed of 22d June 1809, in the Pleadings mentioned;" and by adding, after the Words "prior to the
Plaintiff's said Annuities," the Words following; that
is to say, "and in taking such Account, declare that the
Arrears of Rents, Renewal Fines and Quinquennial
Fines payable under the said Leases of 3d and 7th November 1791 are Charges upon the said Lands and
Premises prior to the Plaintiff's said Annuities:" And
it is further Ordered, Adjudged and Decreed, That the
said Trusts of the said Deed of 22d June 1809 be carried
into full and effectual Execution: And it is, by Consent
of all Parties, further Ordered and Adjudged, That the
Decretal Order, bearing Date the 1st of March 1826,
whereby The Lord Chancellor of Ireland was pleased to
order and decree that it should be referred back to
Roderick Connor Esqr to vary the Report of the said
Master therein referred to, pursuant to the Rules made
on the special Point in the said Report contained, and
on Exception taken, be, and the same is hereby discharged: And it is further Ordered and Adjudged, That
the said Decree bearing Date the 27th June 1826, be, and
the same is hereby Reversed: And it is further Ordered,
That the Cause be remitted back to the Court of Chancery
in Ireland, to proceed as the Justice of the Case may
require, consistently with the Declarations herein contained.
Mactavish v. Scott et al.
After hearing Counsel fully in the Cause wherein John
Mactavish is Appellant, and James Scott, and others, are
Respondents:
It is Ordered, That the further Consideration of the
said Cause be put off to Tuesday next.
Megget & Roy v. Douglas.
The House being moved, "That a Day may be
appointed for hearing the Cause wherein Thomas
Megget and James Roy are Appellants, and Alexander
Douglas 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.
Macdougall v. Purrier.
Ordered, That the Cause wherein Alexander Macdougall
is Appellant, and John Vincent Purrier is Respondent,
be heard by Counsel at the Bar on Tuesday next.
Sir G.N. Noel v. Rochfort et al.
Ordered, That the Cause wherein Sir Gerard Noel
Noel Baronet is Appellant, and Gustavus Rochfort, and
others, are Respondents, be heard by Counsel at the Bar
on Tuesday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Lunæ, sextum diem
instantis Decembris, horâ undecimâ Auroræ, Dominis sic
decernentibus.