The British Press; or, Morning Literary Advertiser.
London, England, 1804-07-26 00:00:00

MILITIA LAMS.

The Court of Session had lately under their consi-
deration a most important question, on the import
of that branch of Cie militia laws. which regards
ballotting to supply the place of persons 'who have
paid the statutory penalty of 151. sterling, in place
of either serving personally, Or finding a'suhstittite.
A gentleman of the city of Aberdeen had hi'en
drawn by ballot, to serve kepis= of a person for-
merly drawn. and who had paid the statutory pe.
natty. On being served with the usual notice, to
appear and be sworn in, hr offered a suspension of
the order, on the ground that the Aißsof Parliament
did not Authorise a ballot L r suppl) ing a deficiency
arising from this cause; the contrary, that
the law had made a separate and speci il prnviLion
on the head, by dimaing that the penalties so paid
should be laid out and applied in providingasubstitute
to supply suca vacancy ; and should these prove in-
sufficient, then the requisite sum was to be made up
by a tax on the valued rent of the county, in a man-
ner specially pdinted out by the statute: And it was
further averred on the part of the suspender, th it the
Lieutenancy of this county had in their possession
no less a sum than 3,00.31. sterling, notwithstanding
whereof they were going on balloting to supply
every deficiency occasioned by the payment of the
penalties; a measure which, the suspender contend-
ed, was both illegal and oppressive.
The Lentenane9, on the other hand, denied having
so large a sum in their hands, but declined to state the
amount they were possessed of As they contended, in
point of law, that the susnension was, by a special
provision of the statute, altogether incompetent, in
as much as the Legi•lature had expressly matted,
that no order of the Lieutenancy could be prevented
tram being carried into execution by the mode
cf susper.ston cr &irritation. That, if injustice in
any ms!: was done, die party complaining behoved
to seek his remedy by a common law atitton. In the
present c.. e, however, they pleaded that no injustice
was tore 5 the suspender, in as much as the statute
perfeefy • arruit••d the mode of baliot for a defi-
cieacy ar: ig from the present cause, as well as
fr.im an.; came whatev,r.

Lord I:LIAM reported the case to the Court,
when their Lot dsbips agreed that it was one of the
fi..t importance, both to the service, and to
the liberty ei the see fact. On the point of compe-
tency, the Court ►eemed in t•wer al et opinion, that
when the Lieutenancy wyat ill au, one instance be-
yond tbe•powers cr.,A:c.; red on the•at by the statute,
sununary refire.. w..s competent even to the form of

a suspension ; other*he treat Irardsl4, nsyinjus.
rice, might at ise to the subj Act.
Oa the merits of the case. how far the .ijeute.
nancy were sanctioned by the statute to soPply a
vacancy of this nature by ballot, a considerabk di,
verity of opinion took plaCe on the Bench. The
bill was ultimately refused by the narrowest possible
majority.
The suspender reclaimed, when the same ground
in point of law was gone over by both parties. la
point of filet, the lieutenancy now stated that, in
place of 3,0001. alleged to be in their hands, there
was little more than 1,2001 part orwhich was is the
hands of the clerks to the Subdivision hleetinp.,
and the remainder in the hands of the clerk to ILI
General Meeting, held at Aberdeen; which
came necessary from die greater number of m..,
being there levied. This money, they stated, wouLt
at all events only raise eighty men, at the lice te
151. each, while dbuble that number was def:cict
of the quota to be furnished by th:: county.
The suspender, on the other hand, repeated
averment, that, whatever sun: might now be in t. e
bonds of the Lieutenancy, there most certsi ly
i:•,t leis than 3,0001. of unapplied penalties in their
}muds, when the bill of suspension was presented ;
and that the measure had twee attended with the
happiest consequences to the public, inasmuch as
the Lieutenancy had since that time been mete than
commonly a,live in procuring men, by the applica-
don of penalties, notwithstanding wheat', they
were obl;ged to acknowledge their having still some.
what more than 49001. in their hands; and, there.
fore, they ought not, in justice to the tubje42, to be
allowed to continue to ballot for men while any part
of this fund.reinuiated unapplied.
The case again underwent a vet), full discussion
on the bench. The Judges regretted that a question
of so great and general importance, as the present
was acknowledged to be, should have come to he
determined at so late a period of the session.—Tha
former judgment, refusing the bill, was adhered to.