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Richardson and Wylie against Stirling and Sons, Respondents Petition to dismiss Appeal, referred to a Committee.
Dec. 14, 1809.
Journals of the House of Lords.
ORDERED, That the said Bill be committed to the Confideration of the Lords Committees aforenamed :
A Petition of William Stirling and Sons, Respondents in a Cause depending in this House, to which John Richardson Esquire and James /l/ylie are Appellants, was presented and read; setting forth, “ That the Appellants “ on the 19th Day of March last presented their Appeal to this House against a Number of Interlocutors pronounced in this Cause by the Court of Session in Scotland: That it is unnecessary to trouble this House with a Detail of those Interlocutors, which were all in Favour of the Petitioners; this Petition relating solely to the Competency of the Appeal, as affected by the Standing Orders and the late A& of Parliament, presently to be referred to: That the last Interlocutor, pronounced by the First Division of the Court, was on this Date and in these Terms: “ The Lords having resumed Consideration of, and advised this Petition (a Petition for the Appellants), with the Answers, they refuse the Prayer thereof, and adhere to the interlocutor of the Lord Ordinary reclaimed against, but supersede Extract till the Box Day in the Recess.” An additional Account of Expences having been lodged on the Part of the Respondents, and the Auditor having reported thereon, the Cause went to the Lord Ordinary, to modify the same; and his Lordship, on 6th March 18 ic, pronounced the following
“ the Parties Doers, having advised the foregoing Ac
count of Expences, and confidered the above Report by the Auditor of Court, in Terms of the said Report, modifies the same to £55.8. 2. Sterling, and finds the Defenders liable to the Pursuers in Payment of that Sum, and also in Payment of the full Expences of Extract, and decern.” That by a Standing Order of this House it is ordered, “That all Persons who shall be desirous to exhibit to this House any Petitions of Appeal from any Court of Equity, do present their Petitions within Fourteen Days, to be accounted from and after the First Day of every Session or Meeting of Parliament after a Recess, after which Time the Lords do declare they will, during every such Sitting, receive no Petition of Appeal, unless upon a Decree made whilst the Parliament is actually sitting,” &c. That by the A&t of the Forty-eighth of His Majesty, cap. 15 1. sec. 15. it is ena&ted, that hereafter no Appeal to the House of Lords shall be allowed from Interlocutory Judgments, “nor shall any Appeal to
A Petition of Mary Leckie, Respondent in a Cause depending in this House, to which David Smith is Appellant, was presented and read; setting forth, “That “ the Appellant, in the present Session, presented his Appeal against certain Interlocutors pronounced by * the Court of Session in Scotland, calling the Peti“tioner as Respondent in that Appeal: That the Interlocutors appealed from relate to this Point solely, Whether the Petitioner shall be admitted to give her Oath in Supplement, in an Aćtion at her Instance against the Appellant, for the Maintenance of an illegitimate Child born by her to the Appellant: That by an Act made in the Forty-eighth Year of the Reign of His present Majesty, intituled, “An Act concerning the Administration of Justice in Scotland, and concerning Appeals to the House of Lords,” it is, inter alia, enacted, that thereafter no Appeal to their Lordships should be allowed from Interlocutory Judgments, but only from Judgments or Decrees on the whole Merits of the Cause, except with the Leave of the Division of the Judges pronouncing such Interlocutory Judgments, or except in Cases where there is a Difference of Opinion among the Judges of the Division: That the Interlocutors appealed from in the said Appeal are not upon the Merits of the Cause, nor was the Appeal presented with the Leave of the Division, nor was there any Difference of Opinion among the Judges of the Division thereon: That the 6 “ Petitioner
“Interlocutor: “The Lord Ordinary, at the Defire of
the House of Lords be allowed from Interlocutors or .
And thereupon the Agents on both Sides were called in, and heard at the Bar :
And being withdrawn;
ORDERED, That the said Petition be referred to the Confideration of the Lords Committees aforenamed, and report to the House:
Upon reading the Petition of Peter Maze, praying Leave to bring in a Bill for his Naturalization:
It is ORDERED, That Leave be given to bring in a Bill, according to the Prayer of the said Petition:
Upon reading the Petition of Peter Still, of Lincoln's Inn, in the County of Middlesex, Gentleman; setting forth, “That on the 1st Day of March last a Petition “ was presented to their Lordships, signed by Edward Blewitt, of Llantarnam Abbey, in the County of Monmouth, Esquire, for and on Behalf of himself and his Infant Children, Edward, Reginald, Edmund, Amelia Loxsa, and Frances Marian, and by Michael Macnamara and others, praying for Leave to bring in a Bill for the Purposes therein mentioned, which Petition their Lordships were pleased to refer to the Consideration of the Lord Chief Justice of the Court of Common Pleas, and Mr. Justice Bayley: That on account of the Absence of one of the Judges upon the Circuit the Petitioner was unable to obtain the Report from the Judges upon the said Petition until after the Time limited by their Lordships for receiving Reports from the Judges had expired: That the said Judges have now made their Report upon the said Petition; and a Bill has been prepared in consequence thereof; and therefore praying their Lordships, That in Consideration of the Circumstances above stated, their Lordships will allow the said Report to be received :”
It is ORDERED, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
And thereupon an Affidavit of Francis Cahill of the
City of Dublin, Writing Clerk, of the due Service of the said Order being read:
It is ORDERED, That the said Petitions be referred to the Select Committee, appointed to enquire into the Effect likely to be produced by a further Continuance of the Prohibition of Distillation from Grain, and generally into the Circumstances which may tend to the Encouragement and Protection of the Agricultural Interests of the United Kingdom.
The Lord Walsingham reported from the Lords Committees, to whom the Bill, intituled, “An Act to ex
6 I 1
Coins and Medals, and also for allowing the Timber
“ I have had the Honour of receiving your Lordship's Letter, in which you enclosed the Resolutions of the House of Lords of the 26th of january, conveying the Approbation of their Lordships of the Conduct of the General Officers, Officers and Troops under my Command, and of myself, in the Battle fought at Talavera, on the 27th and 28th of July last. “ I have communicated to the General Officers, Officers and Troops, these Testimonies of their Lordships Approbation; and I beg Leave to assure your Lordship that I have received the Honour which their Lordships have conferred upon me, and the Army under my Command, with a just Sense of its high Value and Importance, with Gratitude for the Favour with which their Lordships have viewed our Efforts “ in His Majesty's Service, and a Defire to merit the “ Continuance of their Lordships Approbation by a “ zealous Discharge of my Duty. “I request your Lordship to accept my Thanks for
Journals of the House of Lords.
18 I o.
Roxburghe Peerage deferred.
Animals, to prevent Cruelty to, Bill.
No. 1. “ An Account of the Annual Revenues of the East India Company in the Provinces of Bengal, Behar, and Orissa, and in Benares and Oude, under the Heads of Mint or Coinage Duties, Post Office Collections, Benares Revenue, Oude Revenue, Land Revenues, Judicial Fees and Customs, the Receipts from the Sales of Salt and Opium, Stamp Duties, and the Revenues of the Conquered Provinces, for the Three Years 1805-6, 1806-7, and 1867-8, together with the Estimate of the same for the Year 1868-9.” 2. “An Account of the Annual Charges defrayed by the East India Company in the Provinces of Bengal, Behar, and Orissa, and in Benares and Oude ; distinguishing the same under the respective Heads of Civil, Judicial, Military, and Marine, the Charges of Buildings and Fortifications, of collecting the Revenues and Customs, and the Advances and Charges on Account of Salt and Opium, the Charges of the Stamp Office, and of the Conquered Provinces, for-the Three Years 1805-6, 1806-7 and 1807-8, together with the Estimate of the same for the Year 1808-9.” 3. “A Comparison of the Estimated and Aétual Amount of the Revenues of the East India Company in the Provinces of Bengal, Bohar, and Orissa, and in Benares and Oude, under the Heads of Mint or Coinage Duties, Post Office Collections, Benare: Revenue, Revenue of the Ceded Provinces in Oude, Land Revenues, Judicial Fees and Customs, the Receipts from the Sales of Salt and Opium, the Stamp Duties, and the Revenues of the Conquered Provinces, for the Year 1867-8, and of the Charges defrayed ly the said Company in the said Provinces, and in Benares and Oude; distinguishing the same under the respective 7 “ Heads