The British Press; or, Morning Literary Advertiser.
London, England, 1818-05-21 00:00:00

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known to this country (Lord Charterllar Tharlow),
that in all rases where rwtsirlrr•ble property hail
brrn embarked, on the faith of • limier by the
Lord Chanibeslasio, that no finch licetake could he
withdrawn, without assig►►inj( saute moat, fur its
bring taken away. In this C 3,4., nistwillistandnig
the rnortnons Plllll Of 'notary hid nit up three
premises, the license had bran wtthdr•wu, without
imoitidint any reason whatever.
The Petition was laid on the table.

Si► ItoNALD •Fticuatbx presented two Peti-
tions against the Bill now pending for regulating
the criiiiiiitution of the Scotch Burghs—die first
from the C .cil and Burghers of the Royal Burgh
of Cupar, in Fifeshire; the second, f the Cor-
poraiimi of the Royal Burgh of Brechin.—Both
were read and ordered to heti!' the table.
Mr. MARSH postponed his motion, with respect
to the claims of certain creditors on the Nabob of
Arcut, until to-morrow.
SCOTCH STATUTES IN DESUETUDE.
Sir Jotis NKWPORT rose to make his proposed
motion respecting Scotch Statutes, alleged by some
of the fiist authorities in that country to he in a
state of desuetude. To this motion, the object of
which was simply to obtain that information.
through the medium of the papers for which he
should more, which would discover to the House
the state of the Statute Law in that country, lie
could not possibly anticipate any objection. The
fact could Hot he denied, the Lords of Session in
Scotland had pronounced it their opinion, that
such statutes as had not been acted °pan for a cer-
tain period were necessary in this state of desuetude.
The public, hoirerer, continued ignorant of what
statutes were in finste. To remedy this deficiency,
which was an object of the mostirital consequence
to this country as well as to Scotland (with respect
to the criminal law of which last it must produce
the most int onretsierit results), he moved—
" That the Lords of Session, the Judges of Justiciary,
and the Savour' of the Exchequer in Scotland, be directed to
make out and produce to the Hume, within six weeks after
the next sitting of Parliament, a statement of thee. Statutes
or parts thereof, as ale Courts of Justice in Scotland had
decided to be in desuetude., or if the opinions of high Law
Authorities, on which such decisions were founded."

Mr. B. BATHURST admitted, drat it must ap.
pear very strange to the ears of Englishmen to
hear that in Guy part of these kingdoms there exist-
ed a doubt as to the effect and ope►ation of the
existing Statutes of the Realm. That part of the
Statutes of Scotland were ►u desuetude could not
be denied, although it had already appeared that
the assumption that they were in desuetude had
pro ceded upon the authority of the opinions and
decisions of the Judges •nd first legal characters
of that part of the Empire. He certainly thought
there was sufficient ground fur the introduction of
• Bill to remedy the evil already produced to the
!louse, without culling for the statement moved for
by the Hon. Baronet.
Mr. AllillatOMßY thought there could not be a
more important subject for the consideration of
Parliament. The fact of such Acts being in desue-
tude was admitted. The Right Hon. Gentleman,
however, aired, that there was, therefore, sufficient
ground for the introduction of a Bill or Bills to
remedy the evil ; but he begged the House to at-
tend to the advantages resulting front • specification
of the precise Statutes, or parts of Statutes, iu de-
suetude. lie was riot aware that the House of
Lords had pronounced any opinion whether ouch
a practice were well or ill-founded—fit or unfit to
be acted upon. He felt it, however, high time the
question should be decided, whether the subjects
of that ;oar, of the realm were to he left at the
mercy of the expounders of the law, or to be them-
selves able to determine what Statutes were actually
in force.

After • few observations from Mr. W. Dual)"
the purport of which we could tint collect—
lord A. HAMILTON COllCell,td that this motion
carted no reflection whatever on the Judges, and
contended that there existed the strongest necessity
for ascertaining what statutes in Scotland were in
actual operation, and those which had fallen into
desuetude. From the nature and contrariety of
recent decisions, this information became actually
necessary. In a late case, relative to the burgesses
of Aberdeen, and also, he believed, of Edinburgh,
the usage, it would seem, superseded the statute
law, and the result might be, that those cities were
liable to disfranchisement. it was, in fact, usage
verses an Act of Parliament, and usage castled the
day. There was a mai ked (tilt...mice between the
conduct of the Scotch and English Judge. in this
respect. for the latter never allowed usage to super-
sede the imperative letter of the statute. This was
obseivablt on a late occasion, where they allowed
the wager of battle, because the law still remained
unrepealed, notwithstanding the evident absurdity
of its provision ; yet, as it was law, they very pro-
petty felt themselves bound to affirm it. The
House could not surely refuse the only effectual
mode of obtaining information on the inicitualous
proverdiugs which were suffered to remain in the
administration of the Scottish law. where disuse
superseded the statists% and inveterate custom sub-
stituted a different course.

Lord BINNING said, the Right Honourable Barn-
net's motion may be divided into two parts—the
first related to the Statutes already declared in
desuetude, and the second respecting those which
were considered in a state of disuse. A compliance
with the first part of the motion would necessarily
impose a cumbrous duty on the Judges in Scot-
land, *hich was wholly unnecessary, as the selection
of one or two casts might, if called for, answer
etery end. A compliance with the second part was
an obvious impossibility, for how could the Judges
slate what Statutes were " considered" in a state
of disuse ? their province was declaratory: and Hot
conjectural.
Mr. J. P. GRANT said; that if it he tree sevetal
important ancient statutes had fallen into deinetude,
the Circumstance ought certainly to he inquired
non, though the House should pause before it sent
forth all opinion that it were politic to repeal those
laws. There could, he thought, be Ha objection to
go into an inquily as to the general stale of the
statute-book, frie the purpose of chwirifying the
hers, and at Mice pointing Hot those which were in
desuetude and those in observance. The doctrine
of the law of Scothind was borrowed from that of
Rome in her ripest and ino,t popular time. He
was glad the %object was !okra up by his Right
Hon. Firerirl (Sir J. Newport), whose great talents
and industry were talenlated to do eminent justice