Obrazy na stronie

the support of Religion, Liberty, Loy. alty, and Law."

The health of the President was then given by Earl Camden, and was warmBy applauded. Sir Francis Baring thanked the company in a brief but appropri. ate speech, in which he said he took no merit to himself on the occasion, as the meeting was suggested by the Mer. chants and Bankers of the Metropolis, who were anxious to testify their sense of the glorious efforts which were now making by the people of Portugal and Spain, and he was proud of being nominated as Chairman on an account so honourable. He soon after proposed the health of Mr Canaing, which was received with a warmth of applause due to the high merits of that Gentleman's character, and which drew from him a short but expressive speech, in which he signified before that he had been only an interpreter of the feelings of others, but that he then spoke from his own, and returned the company his sincere thanks for the honour they had done kim.

The Spanish Deputies, accompanied by many of the Noble and Right Honourable Persons who sat near them, departed amidst the loud and grateful tes. timonies of respect from the Company at large. Sir Francis Baring was suc ceeded in the Chair by Beeston Long, Esq. Governor of the Bank of England, who kept up the festivity of the night to a late hour.

At a numerous and respectable meeting of the inhabitants of London, on Friday December 9. in the City of London Tavern, a subscription was opened for supplying clothing and other necessaries for the Spanish armies. A committee was appointed, consisting of 70 of the principal merchants, and a sum exceeding L. 12,000 was subscribed in half an hour. A letter was read from the Chancellor of the Exchequer, ap proving of the plan, but mentioning several articles of which Government had already provided an ample supply.


The accounts of Mr Davison, as a gent and contractor for the barracks, under Gen. Delancy, occupied much of the attention of Parliament and of the Commission of Military Inquiry, in phe Session of Parliament 1807. He was

brought to trial on Wednesday Dec. 7. before Lord Ellenborough and a special jury. The charge was, "That having been employed by Government as an agent on commission, and receiving as commission two and a half per cent. as the price of his skill and knowledge, which he was bound to exert in order to protect Government from being impo-/ sed upon, he had, by means of false. vouchers and receipts, received, as agent for Government, a commission upon the amount of goods which he himself had supplied as a merchant from his own warehouse." On this charge the jury found him guilty. The trial is excessively long, and to us it appears excessively dry. The charge and the result are all that is interesting.


USURY.-Wednesday, September 7. a cause of much expectation was tried be fore the Lord Chief Baron and a Special Jury, at Corke. It was a qui tam action, the King at the prosecution of Edward Allen, Esq. against Wm. and Thomas Wise, Esqrs. distillers. The question for the Jury to determine was, whether, in discounting various bills of exchange by the defendants, more than the interest allowed by law had been taken, which would subject the party to the penalties of the statute in that case provided. After a long consultation, the jury found a verdict for the plaintiff, with 12,720l. 9s. 9d. damages, being treble the amount of the bills on which it was proved that more than the legal interest had been taken.

At Limerick assizes, an action was also tried (O'Donnell v. G. B. Bruce, Esq.) on the statutes of usury, brought to recover the sum of 1200l. being tre ble the amount of the sum lent, upon à 400 l. bill of exchange, discounted at the bank of the defendant. The cir cumstances of the plaintiff becoming somewhat embarrassed, Mr B. refused to do business for O'Donnell as he usually did, and required, in addition to the legal discount, a premium amounting to the sum of 51. and frequently more, regulating his charges always according to the necessity of the plaintiff, and his occasion for money. Verdict for plain. tiff 1200l. with full costs.


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N Wednesday November 30, was

the first meeting of the Commissioners
appointed by his Majesty, in terms of
the 18th section of the act of Parlia、
ment passed last session, entitled, “ An
Act touching the Administration of Jus-
tice in Scotland, &c." The commission
empowers them (also in terms of said
act) to inquire into the form of process
in the Court of Session-in what cases
Jury Trial can be usefully established,
and viva voce evidence more extensive-
ly introduced-to inquire into the pro-
ceedings of the Admiralty and Commis-
sary Courts, &c.

The Commissioners are in number 13, and are as follow:

Lord Viscount Melville-late Lord Advocate.

Sir Ilay Campbell, Bart.-late Lord President.

Two Judges of the Court.
Lord President Blair, and Lord Jus-
tice Clerk.

Two Barons of Exchequer.
Lord Chief Baron, and Mr Baron

Two Crown Counsel,
Lord Advocate, and Solicitor-General,
Three Advocates.
Dean of Faculty, (Matthew Ross,
Esq.) Adam Rolland, Esq. and Hon.
Henry Erskine.

Two Writers to the Signet.
Hugh Warrender, Esq. and Robert
Sym, Esq.'

Walter Scott, Esq. Clerk to the commission.

Lord Melville and Mr Rolland were not present at this meeting. The Commissioners sat but a short time, and with shut doors.

Eighteen English Commissioners have also been appointed, with whom the Scots Commissioners may consult when they think proper, respecting any points of the English law, or form, with refe rence to Jury Trial. These Commission

ers are

Dec. 1808.

Lord Eldon, Lord Chancellor Lord Redesdale, late Lord Chancel lor of Ireland

Barons of Exchequer Judges of

Lord Erskine, late Lord Chancellor
Sir Wm. Grant, Master of the Rolls
Sir Wm. Scott, Judge of Admiralty
Sir John Anstruther, Bart.
Sir Alex. Thompson,
Sir George Wood,
Sir Soulden Laurence,
Sir Simon Le Blanc, King's Bench-
Sir Vicary Gibbs, Attorney General
Sir Thos. Plumer, Solicitor-General
John Williams, Esq. Serjeant at Law
Francis Burton,

Hugh Leycester, Esqrs. Counsellors

Wm. Alexander,.
Chas. Abbot,
Geo. Souley Holroyd,

at Law

Esqrs. Barris

ters at Law.

On Monday November 28. an appli cation was made to the Lord Ordinary, by bill of suspension, in name of certain persons styling themselves office-bearers of the Canongate Kilwinning Lodge, holding of the Grand Lodge of Scotland, against certain other persons calling themselves the office-bearers of the same Lodge, but who had withdrawn themselves from the Grand Lodge, prasing. for an interdict against them, to prevent them from meeting as a lodge to cele brate the approaching festival of St Andrew. After hearing Counsel, the Lord. Ordinary took the cause to report, and next day it was accordingly reported to the Judges of the 1st division of the court. -The application proceeded upon an act of Parliament passed in the year. 1797, entitled, An Act for preventing Seditious Meetings; but an objection. having been stated by the respondents to this libel of the suspenders, the Court, upon hearing Counsel, were una-, nimously of opinion, that the application for an interdict should be refused, and the bill to be answered in common form.-Counsel for the suspenders, John Clerk and John Greenshields, Esqrs; for the respondents, John Burnet and James Harrower, Esqrs.

This is a case of considerable interest to the Free Masons of Scotland,


Two. other

other bills of suspension were at the same time presented against the St Da. vid's and St Andrew's Lodges, but the procedure in these will be regulated by that against the Canongate Kilwinning.

On Tuesday December 6. the Court determined a case of a very interesting nature, Mr Donald M'Arthur, the pastor of a dissenting congregation at Port Bannatyne, in the island of Bute, brought an action against John Campbell, Esq. of Southall, upon the ground that the latter gentleman, on the 20th of October 1805, while Mr M'Arthur was celebrating divine service in the midst of his congregation, had violently seized upon his person, forced him on board a vessel bound for Greenock, and having landed him a few miles from that place, had, after confining him in a small inn during the night, marched him along the road as a common felon, and delivered him to Capt, Tatham, the regulating officer for that quarter, as a fit person to serve in his Majesty's navy. That officer, accordingly (as the pursuer farther stated) sent him immediately on board the Tourterelle frigate, which speedily conveyed him out of the jurisdiction of the Scottish Courts. After being detain ed for five weeks on board different ships of war, and suffering, as he alledged, every species of indignity and hardship, Mr M'Arthur was discharged, by express order of the Lords of the Admiralty, and furnished with a certificate, that he was never again to be impressed into his Majesty's service. The summons concluded against Mr Campbell for 2000l. damages, with expenses.

Mr Campbell, in his pleadings before the Lord Ordinary, denied several of the most aggravating circumstances of the case. In particular, he alledged that the pursuer was in the practice of preaching immoral and seditious doc. trines-that he was a fit object of the impress, having been formerly employed in the herring fishery, and being con. sequently a seafaring man, and that, under these circumstances, acting bona fide as a justice of peace, he conceived himself fully entitled to deliver him to Capt. Tatham. The Lord Ordinary (Lord Meadowbank) pronounced an interlocutor of considerable length, finding, for the reasons therein stated, the whole proceeding scandalous and unjustifiable; repelling the defences, whether found

ed on the pursuer's having once been a seafaring man, or on the religious doctrines he is said to have taught, or on the seditious speeches which it is stated that it was rumoured he uttered; and further finding the pursuer entitled to 105l. Sterling, as a solatium for the wrong he had suffered; together with indemnification of the expenses incurred by him, personally or otherwise, in obtaining his deliverance, and expenses of process.

Mr Campbell presented a petition against this judgement to the whole Court, to which answers were made by Mr M'Arthur, and the cause was upon these pleadings advised by the Judges of the Second Division, who delivered their opinions on the point. The sentence of the Lord Ordinary was affirmed with expenses.

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i's Rooms. In absence of the Acting Grand Master and Deputy Grand Master, the Acting Substitute Grand Mas ter took the chair, attended by fourteen Masters of Edinburgh Lodges, several Masters of Lodges from the country, a great many Proxies for country Lodges, and at least 700 Brethren. The evening was spent with much harmony, pro. priety, and regularity.

HIGH COURT OF Justiciary.

Nov. S. This day came on the trial of James Stevenson, porter or warehouseman to Mr Jas. Sheriff, merchant in Leith, Thomas Field, late meal dealer in Edinburgh, now at East Mill of Currie, and David Allan, late baker in Pleasance, accused of theft and reset of theft.

It appeared from the evidence, that Mr Sheriff had often suspected that grain had been stolen out of his lofts, and had directed bis clerk, John Cuming, to watch the premisses; who discovered, on the 15th January last, two carts load ed with grain, attended by Brydon, a Leith carter. On receiving this information, Mr Sheriff went to his granaries, and found the prisoner and one Kinnear turning over grain. On being apprehended, he confessed that the grain was intended for Allan, and he afterwards gave in a list of sixteen names, to whom he had delivered wheat, among which that of Field was one. With regard to Allan, it appeared, from the testimony of Mr Sheriff, that he had ordered eight bolls of wheat previous to the theft, but that on examining the cart, it contained no given quantity, the bags having been filled at random with wheat of different kinds. The evidence of the other witnesses tended chiefly to corroborate that of Mr Sheriff. Several witnesses were examined on the part of the prisoner Field, who gave him a respectable character.

The Jury returned their verdict, finding Field not guilty, the libel against Allan not proven, and Stevenson guilty. An exception was taken to the verdict against Stevenson, on account of its not finding him guilty of specific acts. The Court therefore delayed passing sentence on him till Wednesday December 7. when he was sentenced to be transported for 14 years.

On the 16th of November the Lord Provost and Magistrates of Edinburgh conferred the freedom of that city upon Sir Samuel Hood, K. B.-and on the 18th they gave an elegant entertainment in Fortune's tayern, to the gallant Admiral, and a number of Nobility, persons of distinction, Naval and Military Officers, &c. as a testimony of their respect for the services rendered by this meritorious Officer to his King and Country.

On Wednesday Nov. 23. the Lord Provost and Magistrates of Glasgow gave an elegant entertainment, in the Black Buli Inn, to his Excellency the Right Hon. Lord Viscount Cathcart, Commander in Chief in Scotland, and to Admiral Sir Samuel Hood. After dinner, and the healths of the King, the Queen, and the Royal Family, his Majesty's Ministers, &c. &c. the Lord Provost rose, and addressed Lord Cathcart and Sir Samuel Hood in appropriate speeches, expressive of the sentiments of admiration and respect universally entertained for their eminent and successful services, as Commanders of his Majesty's armies and fleets, against the enemies of our country; after which his Lordship presented them with the freedom of the city, previously voted at a meeting of Council, and proposed their healths, in separate toasts, which were drank each with three times three cheers. The company was numerous and highly respectable.

September 12. the Senatus Academicus of the University of Edinburgh conferred the degree of Doctor in Medicine on the following gentlemen, after having gone through the appointed examinations, and publicly defended their inaugural dissertations:

Of Scotland-Benjamin Bartlet Buchannan, Robert Graham, John Shaw, George Govan, and Robert Ralston. From England-Robt. Chisholm, and Joseph Carter. From Ireland-Usher Granville Doyle, George Frank Todderick, James Vance Miller, and Tho. Campbell Brown. From Wales-Evan Gryffydh. From South Carolina-Wm. James Ball. From India-Thomas Taylor.

The following gentlemen have been elected office-bearers for 1809, of the Natural History and Chemical Society (established in 1782.).- Extraordinary Presidents: The Rev. John Fleming, F.A.S. and

and Patrick Neill, A. M. and F. A. S.Ordinary Presidents: Wm. Almon, A. M., and Andrew Rutherford, Esq.-Secretary and Treasurer: William Forbes, Esq.


Sept. 6. Sweepstakes of 20 guineas each, for three years old, named when foals, 12 subscribers, and the gold cup, a subscription 10 guineas each, 14 subscribers, for horses bred and trained in Scotland, were both won by Lord Mont. gomerie's bay filly by Beningborough. L.5 for all ages, won by Sir John Johnstone's Fortuna. Sept. 7.-L.50 for all ages, won by Lord Montgomerie's grey colt Irvine. Sept. 8.-L.50 for all ages won by Sir John Johnstone's Fortuna.-Sept. 9. A match between Lord Montgomerie's bay filly and Mr Baillie's colt; the latter paid ten guineas forfeit. Handicap, ten guineas each, two miles, four subscribers, won by Lord Montgomerie's bay filly. Sweepstakes, of five guineas each, 14 subscribers, for horses regularly hunted in Scotland, never started for prize before-Mr Baird's Lash walked over the course.


Oct. 3d, 50 l. for maiden three year olds, won by Mr Thomas King's St Andero. 4th, 100 guineas for all ages, won by Col. Childers's Baron. The Yeomanry Cup was won by Mr Potter's Young Roscius. 5th, 50l. for three and four years old, won by Mr Lonsdale's Posthumus. A match between Capt. Hume's grey horse and Sir Chas. Douglas's grey mare, was won by the horse. 6th, gol. for all ages was won by Col. Childers's Baron. 7th, gol. for all ages, won by Mr Key's Barleycorn. 8th, 25 guineas, a handicap plate, won by Mr Piers's Temple. The Stewards for next year's races are, the Earl of Selkirk, Mr Boswell of Auchinleck, Mr Monteath of Closeburn, Mr Sharp of Hoddam, Major Douglas of Lockerby, and Mr Mland of Eccles. The Countess of Selkirk, Lady Patroness of the Dumfries and Galloway Hunt; the Earl of Dal keith President, and Sir Charles Douglas, Vice President. On the 7th the Dumfries and Galloway Hunt gave an elegant ball and supper.

At Falkirk Tryst, on Monday October 16. there was a very great show of sheep, and prices in general low. Wed

ders from L. 16. to L. 18 19s. per score of 21; and cast ewes from L. 6. to L. 10. Many were left unfold. The show of cattle on Tuesday was also great, and there being a number of putchasers from England, sales were remarkably quick, and prices high.

Tuesday, November 8. at Edinburgh Hallow Fair, there was a very great show of black cattle; fat beasts brought good prices, but lean ones found few buyers.-There was also a considerable number of horses, mostly of the draught kind; those in good condition sold pret. ty well; but sales, in general, were dull. Sheep, of which there was also a good show, maintained high prices.

On Sunday evening, November 20, a most daring robbery was committed in the counting-house of Messrs. Paterson and Syme, Kirkgate, Leith. It must have been done by some person well acquainted with the premises, as no force seems to have been used in opening the different locks of the outer gates, doors of the shops, counting room, and safe, from which latter place they car ried off 1971. in cash and notes, and an order on the British Linen company for 30l. Two of the locks were so constructed that it was impossible to pick them, and they consequently must have been opened by false keys.

Messrs Paterson and Co. have offered a reward of 2co guineas, and the merchants of Leith an additional reward of 300 guineas, for the discovery of the perpetrators, but none has yet been made.

On Friday September 30. a gentleman arrived at the Tontine Inn, Helensburgh, near Greenock, from Whitby, Shortly after, he left the Inn, and went out in a small boat, taking his dog and his fowling piece with him, for the purpose of shooting wild duck. The boat was found in Gare Loch next morning; but no accounts have been since heard of him, and it is feared he has perished. The boat was observed the same night by the skipper of the Roseneath packet, with a handkerchief on the top of an car, supposed as a signal of distress, but to which the unfeeling packetman paid no attention. The dog returned to the inn next day, and continued moaning most piteously: in the gentleman's portmanteau were found 200 guineas in gold, and 100l. in bank notes.

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