The British Press; or, Morning Literary Advertiser.
London, England, 1806-06-19 00:00:00

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rity of proceeding. With this ran of the sitijeet
a farther regulation of considerable importance was
connected ; narnel,y, one which would tend to pre-
vent the burthen of business from telling upon any.
one of these putts. At present, in the Court of;
Session, there were two description' of business o
one war. called the Inner House cases, the other was
a kind of business, on which the Judges sat in rota.
tion, and the sitting Judge was called the Lose Or-
dinary. The former cows were piopused to go
among the Three Coots generally ; and those now
disposed of by the Lords Ordinary, should grobe-
fore that chamber, Of which the Lord o:dinoey,
rotation, should happen to bey member. 'Ate
arrangement of this kind would also ten& tq
celerity and dispatch of business. Of one or
these three chambers, the present Lord C'resie
dout would naturally be the chief. Of die odseo
two, His Majesty should be empowered to lip.
point one of the judges to be chief ; to hold their
situations, as in England. during good behaviour.
There vas another point of much importance ; and
which, thotogh, at present, the institution, IS the de.
gree of part. Finn in which it existed, was exclu-
sively coufincd to this part of the island, yet, it wag
manifest, that it made part of the ancient Scottish
laws and customs. He meant the trial by Jury. it
was rroposed by him, on no principle of no formity.
or of sew: oiling the sespeftive modes of legal
proceeding in both parts of the island, but
from an anxious wish to render their fellow-sub-
jab in Scotland partakers of the benefits of that
appy, that inestimeble institution ; to a certain ex-
tent, in criminal cases, they exnerienced its benefit: .
in that part of the island ; but in civil casco it had
follen• into disuse. Under his conviftioo of its in-
mime* advantages, the attempt would be made
for its restoration—there acre exceptions in Scot-
' land, and even in England, and instances where
such a mode of decision was not resort:4 to ; but
it was proposed to introduce the principle into ge-
neral praaice, with respell to eivil cases itt the
licotsiCoorts ; and this it was intended to /*mom-
pay- lip an obvious improvement is the form cf
peowileditst rin such cases. which would provide.
with respea to joiuing issue, for a distinet aver-
ment on the one hand, and a distinct admis-
sion, or a distinct den;ol en the other. This.
is all cases relotipg to matters of fat-1, tt was pro,
posed should Ise tlicd by a Jury. Another post
Was, that in cane wherein one of the parties roily
should be desirous of referring the matter to a
-3iire in a popticular Corot, the Judges in such
stMa should have a discretionary power of de-
sliding whether or not such case should be so
tried ; as in the cases to which he alluded, one
qf the parties may he overwhelmed by the ex-
pellee of the proceedings. e were other
isgulAtions, which would be benefici illy huroducetl;
he meant with remora es, the proceedings lip 4:tr-
oths, &c. which it was proposed to a certain (s-
-teno to assimilate to those in this country He then
adverted to a part of the iiihjertit which isionlyed tfte
consideration of Appeal to that House. After ad-
verting to the present constitutionofthe Wit-Charm.:
her in Scotland, he alluded to the propriety of es-
klablishiag what may be called a Court of Review.
ror a soot of Appellant Juiisd.ltioo. to be vested in,
two of the Courts, c'onsisting of ses lodges ; for in-
stance, to rceiero confirm, or set hide, the judg-
ment of the other Court; the Judges of which, of
course, not to sit in this ulterior judgment. The pro-
ceedings in this Court o. Review to be similar to those
in their Lordships' House. viz. by means of ortnted
cases, signed by Counsel, aro by hearing of Coune
scl at its Ear. This to be interposed between thq
decisions of the Court' genetalle, and the ultimatq
appeals to that House, which should alone be for
final judgments ; which, he thought, wouid pro: ;tae
an additional and material check, with mole(' to the
number of appeals. There was another considera-
tion, but which was not included among the reso-
lutions, which, he thought, would prever.r the pre-
letting of appeal, on vexatious, or on very slight
grounds, viz. if their Lordships would allow the
amount of con. to be enlarged. Them was ano-
ther point conne'hed with this, which would not arty
contribute to tile check, but which, he thovght, way
called for by the jostice of the case ; he allude.' to a
security be.ipg entered into by one of the parties, to
place the other in the same siiealiew in which
Fag before the etc:aim of jusionsent, provid
such jusiguient should be ultimately altered or row
versed ; that was, as far as could be done; for, i 3
some cases, he was aware it woad be impossible tis
place the party in the situation to which he previ-
ously was. Another consideration which called for
refo:m. was, the present mode 'of procee.trg
by voluminous written arguments, or pleadings',
which, in some cases, were 90 tatolotac t indeed,
it frequently occur red, that the ban sapence of
writing alone, exceeded the value of the matter
in litigation! Whatever losses permits its officio'
situations may susteva by regoooions tending tc;
ahridge, or to abolish tnis mode of proceeding,
would, he was sure, be duly compensated' by
the liberality and the justice of the legislature.—
The next point to which he referred, was diet of
Teens or Tythes, or rather the provision for the
Scots clergy. By an ancient regulation of the Scots
Legislature. the Court of Seesion had a power of
augmenting, frown time to time, the salaries of Ore
clergy in that mann' y : these were made teem ty the
funds of different descriptions I one of C.ese, which
was preohrffiyer of extensive litigations, at was pro.
posed should he transferred Storm theiuriscliatoo of
use Court of tiessir n, to the superintendence and
controul of the Court of Excheuer. Another con-
sidesation, counected generally with tin! subject of
which be had the honour to addess their Lordships.'
was the situation ot many perons in judicial ofSces
in Scotland, who held their offices, as in Eng Lind,
during good behaviour; Lot who,onretirintrowicenot
equally provided for ; having en choice between jes
onto; into poverty in their old age, or, cocitinoom
in situations they mustevidently be unfit ; and
this it was !maul to pilie:Ja agaittst. ittia adp