The Sun.
London, England, 1806-06-19 00:00:00

/CE OF OR

• • YU,le 6, iFe6..,
•
TilE L OFFICERS-of His M2l-
- l'Y'r ORDNANCE do here 'y 'give IVotice, fb-ir
Proto,als will he received .tt their Office, id Si., 41114,g41et At, err,
lA.stminster, on er beoore faes.l.9, the 141 hay of :1st!). next, Jrc..nt
such Persons ...7( 711:1j• be
,tito undrrtake the Suppy,
TENTS and BE I)DING h.r S.rvice.of 14,is Department, in .4e
d livered at the Tower or, Wool 14.ich,. as: may be- required, the
Propoiali to. he d'et(i:ve4ed re'lar,zte(y 'for each Article ; a•4l, fur-
tOgetber' grit 6 the Terns and Conditions of the
Contra.sl, may be kno•ton, up in application 'at the Secretary's
()lice, in- 4t. 37arga,et-street, aty D...y.between the of
Ten and FoUr o'Clock, where the Prof osalf a,e to be dellvered,
seaird,up, and marked on the outside, " Proposals fbr the Sup-
ply of 'rents (or of Betiding as the case may he) for Service
of the Oriiiianc.e Department;" but no Piqnsal can he admitted
after the said Ist D.ty or I'll&
' by Order of the Board, •

R. N. C.'1?E1117..

OFFICE for the A---I'T97
Snrnet set. H sire, !2,. Bc6.
MHE COMMISSIONERSibr SPiXIAL PUR-
A. POSES undo' the PROPERLY. PICT give Thar
on the payment of the .Qividends. to biconze due on the sth
.74;(),
next, out of the
.Public Revenue at the Ba,k of Angiand, t,:te
South Sea Haute, or elsewhere within their jurisdiaion, they
will be ready to grant the AllZwances for Excenptio,.s to Flreir f-
ere, and other pul,ses direeied-by the said 4b7; with JS much ex-
pedition as the nature of the Pt 40/* will sillOW ; and
.b.:"lbe preven-
ti,:n of delay, thy recommend intim 'ries and Agentr, having Claims
for Exceptions,, to forward the Particulars required, that tie .De-
positions mass be prepared, which will be returned to them for re_
riPation astroort after the Accou.ns can be the rd with the• Div-
idend Books of the several Companies by wh.on payment is made as
is pradieable. 41/ littornies or Agents, who have omitted to claim
their Extenptions on Dividends /or "the rears. tEo3,
1805, are required to transmit the necessary I.),cuments for tha:
purpose wit:Jura .

Gy Gra'er cf tbe B9ard,
mArTHEIV TIVT R

.EA'C'fib.QUEdc BILL uPII.ICt,

yr:, 6, o°6.
All Exchequer Bills dated in the Month of iBos,
•TO BE PAID OFF. •
. 'T'HE LORDS.COMMSSIONERS of His MA.
1. jES'II"s.TREASIIRY having given bireeiions frn,,pay-
ing off the Principal of the above-mentioned Exchejuer Bills,
•the Interest, thereon,. at the Exchequer Bill Office in the Receipt t:1•
.Excbcquer ,New Palace Yard, 114;stminster, on SA 'I'URD/11'
the 28th Day of yaw, 18c6 ; Attendance wilt be given d.‘l6.
(Sundays and clolidays excepted) -until : dturday the
,21st
instant, inclusiVe, from Ten 'o'clock in the flilornink till.
One in the Afternoon, for the purpt;se uf receiving the Same. /Ad
for the greater dispatch, the Bearer: of the said Bills are desired
of,
fo bring separate Lists there containing the Numbers, in Nu-
merical Order, according to the Paha of the said Pills, a4d
• Times of Commencement of Interest, with the prificilat Sums
~and Interest • due thereon, computed from the days on which
they • are respectively dated, exclusive, to the said.2Bth fay 1,1
June, 1806, inclusiee,when the Interest Will cease and they ate
desired to write their Names and Places of Abode on such Lists,
and indorse their. Names bn the said Bills.lf
anY of the Holder. of. the aforesaid Sills should be desirous
receiving payi7lent of the Ps i,cipal and Interest previous ,to the
286 Day of Jane, L.Se6, they may be accommodated on computing
the Interest to the Day pit which t 4 wish to be paid, and
lug the said Bills for examination one day prior thereto.
Such Persons al may be desirous of having New Exchequer
Bills in part payment, upon meleioning /he Antouxt at the bottom'
of their Lists delivered on or :before the 21st
m instant
be accommodate,/ with New Bills carging an IntePert of ,
pence Halfpenny by the 'Day on every One Hundred
wbieb said New Bills will bear date the said 28th flak
806, and will be dellueted on. Tuesday the ut fa.. 5,,. So 6, and •
the following I.)ays.
4:7'
advertised.' ill I.l:c4chety
au;
cf;Bilals
mida,b_tedipvci
iovr
atoilitYret,h:sB
esa,4.chdt :re

•
iirpl:ili.ll, PARLIAMENT.

HOUSE OF PEERS•

ED'S ESDNY, • fuNE
Lord GRANARD (Earl of Granarci) was lritrot;•lced
between Lord RAW6oN (Earl of Moira) and Lord
LAUDERDALE (Earl of Lauderdale). His pate of
'creation having been 'read. at the,Table, his Lordship
took the oaths and his seat. ,
The second reading of Sir John Gordon's arvorce
till was' flied for to-morrow,.
Mr. Alexander, Sir Ralph Milbanke, Lrd Hen-
niker, Mr..Baker,gand'several other Metnh,Ts of the
House of Commons, brought up the West-IndiA
Auditors' Bill, 2nd several Private Bills.; WhiCh were
read a first time.
The Chelsea; Allowance Bill was 'read a. third time
and .passed, and a Message sent tp the House of
comment to acquaint them therewith.
Strangers were for some titiie excluded, whilst the
House discu,sed ,some matter of privilege.
ADMINISTRAVION Of JUSTICE IN SCOTLAND.
Lord 'GRENVILLE moved that the House,should
resolve itfielf int 9 a Commiqe,;2 to consider the Ad-
ministration of Civil Justice in Shetland.
The House having resolved itself into a Com-

mittee,
bird GRENPILLE said no man could more,
deeply 'feel the importance end difficulty of any sub-
jea' thadhe did .that upon which he now rose to ad-
dress their Loidshipso Feeling,' however, as he did,
all the ditliculty of the subject, he felt it at thb- same
time to•he his duty, after fully and tnaterially con-
, sidering it, to submit certain propositiOns w their
Lordships, the objects of which were to remove
evilS and inconvenjencies which had arisen to a great
height, and' whith loudly deMended a remedy. His
attention had been called to the' number of Appeals
in that House, particularly from Scotland, which
had increased to such an extent, that their accumu-
lation, 'and the consequent great, delay in their de-
cision, became a most serious evil to Suitors in 'that
high Court, and was disreputable to its jurisdiaion.
In considering this subject his attention was natu
turned to the Court of Session in Scotland,
from whence so.niany of these Appeals came, and
there he found also that the business bad accumu-
lated to an eetent which produced the most material,
evils to . the Suitors, from the •unavoidable delay
which occurred in deciding causes. It would be a'
fueserfisous waste of their Lordships' time to enter
into a history of the Cpurt of Session ; it would be
-sufficient to observe, that, by the Aft of Union, it
• wes declared to 'be the Clourtefor deciding causes in
-Scotland, and from eshich an appeal only lay to the
House of Lords. It was evident, therefore, that no
other Court could be established for this purpose,
without a breach of the A& of Union. There were,
however, means of altering the frame and constitu-
tion of this Court, by which, as he conceived, civil
justice might be better and more speedily adminis-
tered, .The Court at present consisted of fifteen
Judges. He did not mean, and he trusted be should
not be understood to mean, to throw the slightest re-
flection upon any of the Learned Judges of that Cotirt,
but it was his opiniOn, and it was the opinion'ofetnany
)oersons of great experience and knowledge 'of the
laws. that, speaking generally, justice was betteeed-
ministered in a Court where the Judges were only
three or four in. number than where they consisted
4.4 a greater number. • There were many rlsasons
seLies would naturally occur to their Lordships why
tilis must neeessarily. be the case. It was also of the
highest insportatiets- that the condu& of Judges in
-their respective Courts should, as in this part of the
United Kingdom,!be open to woda that they.
should deliver their opinions in the face of an en-
lightened Bar, from whence they would soon be-'
come subjeas of, public dismission ; and then the
slightest error (for Judges were fallible as well as
other men) would Very soon be corrected. A great
advantage likewise arose from all the Judges of a
Court hearing the arguments of Counsel in the cause
on which they were to decide, and their being ena-
bled to form 'their opinion .pith as little delay as
possible. le the Court of Session all the legal argu-
mentss as well -as the proceedings, were delivered in,
• writing, a praftice.which 'consumed netich time in
- the deliberations of the Judges after each had examin-
' ed the -written documents, and unless they were
unanimous, which, perhaps, where 'there were so
.min.y Judges coulh not expeetedsoften,to happen,
another:delay arose in deliverieg their, opirti'ons Clsi-
, aim.. With this view of the subjea a plan had been
framed for the perpose•of obviating some of the in-'
conveniencieseeseitinge from the constitution of the
Court of Session and the forms of its proceeding. It
was proposed to divide the Court into Chambers; the
number' to Le hereafter fixed; his ,opinon inclined
to three Chambers,' as more likely to answer the
purpose 'of speedily administetiog justice-than two,
whilst in. the' latter case also the objection to a
greateieniber of Judges in one Court would still
operate considerably, though not with such great
force.. , These chambers; he proposed, should de-
cide respeBiively tipoti the same description of
withonoallotting any exclusissejuriscliftion to either.
. The coasts here, which had originally each •a sepa-'
^
rate junslttion over a 4istioec class of causes, had
become by lohg usage equal hi jurisdiaion with, re-
. spea to 'ail causes, with seine exceptions; and this
pole-lice, which had grown up contrary Ui the mi.-,
glutei intention of these Courts, was found to be in=
'• finitely more convenient than the original principle
• of separale 'jurisdiecion. Individuals being thus
enabled to carry • causes into either of the Courts, at
• their option, publiC opinion in the increase of husi-
iiess, and one Court oyer another, would soon indi-
• cate the motives, of the preference, and point out
' whatever slight cause there might be for the decrease
, of business in the other, thus leading to ae unifor-
mity'of decisien upon legal points, which could not
be the casseif each Court had a separate juriscliaioe
• over a certain description. of causes. It was pro-
posed, there-fore, that parties should have an option
ofsbringing their suits before either of those Cham-
bers, and that where there was a preVitras hearing
before the Lord Ordinary, that the cause shouldiee-
.
long to the Chamber *of which. the Lerd Ordinary
was a Member. It was also proposed, that the Lord
President. 'of the Court of Session should preside
over one of the Chambers ; and that rHis Majesty
should be empowered to appoint Judges of the Court
to preside over the Chambers, such) Presidents hold-
ieg their ,offices like the other Judges during god

behaviour. 'The ne%t grea't otjet.l. 11e. :n
view was the introdation u tr'.al by Jury in c!..,i1
causes into ,Scotland. For Ilia), speaking ‘.•.

experience-of an Englishman and a 3i3ftiiii i.A•H-
lator, to attempt ;to advocate the. trial by jury, the
benefits resulting from which were so well icnov,:n
and SO justly appreciated, -would appear, a, very so-
perfluous\vasteot'time.' This mode of trial 111.'d not,
however,.for along tune been used, in Scotiand
civilcases, although it had formerly ben piLtaisel
there;' he thought that, the greatest :Isivant4,,-es
result from its re-iutroduaiou. At presr.!ot, from

the mode of proceeding, it waS 'frequently hnpf)ssi-:.
ble to give a correct decision upou ,a fad.- He pro-
posed, therefore, that the Ffoceedings should be put
into that form in which,
_•as it England, an issue,
might be joined ; that the
_pursuer should state
tinCtly the fads which he alledged, that the defender
should either distindly admit or deny those alledged
faCis in whole or in part, and that thus issue ,being
joined on the record, it
,should be in the,poNVer of
th(;, Chamber in possession ofthe cause, at the •re-I
quest of, either varty, to area a trial by jury on
this issue .ot
,fad; that the Chamber, might also,
without being applied to by either part); die such
trial by jury, and might also remit the cause to
the Circuit,: to be there tried•by a Jury. Therewere inferior Cant ts, such' as those of the. Sheriffs
and Bailies, where the exptlice of a trial
,by jury:
might belnuch greater than theNlu ae of the objed
, • „
in dispute. He thought that, it would be adVisable
therefore, only to—al:oi.v of a. trial by jury in those
cases Where it was directed by one of the Cham-
bers, on application of either party. , 'lt would also
be necessmy to give a power of appealing to the de-
cision of the Chamber directing the pial by jury,
in cases of misdireaion of the' Judge to /he Jury, or
where the verdiCt was given in contradiEtion to evi-
dence. In this way he conceived, that the,intro-
duction of the trial by jury into 'civil cases' in Scot-
land would be productive of the most important
advantages The third head of the Plan related to
Appeals ; with respect- to which it was proposed
that there should be au intertnediate Court of Review
between the Chambers and the House of Lords—

still,. however, not in any'degree violating the' ACt of
Union, by trenching upon the jurisdiction of the
Court of Session. It NVZS proposed that an Appeal
should,lie from each of the Chambers to. the. Court;
of Revi6v, which should consist of all, the Lords ofd
the Court of Session 'except those-of the Chamber
in which the decisiOn appealed against should be
made; that an appeal. should lie to the CqUrt of Re-
vieW without ,the necessity of going through the
intermediate forms.now used, of Bills of Advocation
and Suspension. That the Celia of RevieW should
proceed with printed cases, and hear Counsel in the
same manner as in Appeals„in the House of Lords;
that an Appeal should ultimately lie from this Court
of Review to the House of Lords, but fronlno other
Court ; and that such Appe'als should he,only against
',final judgment, and !ult agaitist ititerlocutdry judg-
ments. It was also proposed, that, in order td pre-
vent frivolous and vexations Appeals, •the House
should haye the power .of awarding costs to a Much
greater extent than at present. it was tqo notori-
oils, that many Appeals were brought to that House
without any hope of ultimate ,success, but merely
with a view of gaining a certain advantagefrom sus-
pending for a time the execution -of the judgment
given in the Court below. This' advantage might,
in some cases, overbalance any consideration ot-covs
which could possibly he' awarded against an Appel-
lant; he had, therefore, framed. a Resolution,. brit
he had at present so much doubt about it, that he
would not propose it among the other Resolutions;
the ohjea of which, however, 'was, that it i -Citses
where,no.withstanding exectiun being issued on the
judgment in the Court below,
,the Appellant might, a
nevertheless, . in the event of reVersal of the judg-
ment, be placed it; the same situation as if,such exe-
cution had never issued ; that then the Court below
should certify to that House; and that, in such case,
.the House
_should 'be empowered to order execu-
-tion to issue on the judgment of such Court pending
the Appeal. This, howeyer, was an entirely new
measure, and, not standing on the same solid grounds'.
of English experience :which the other parts of the
plan did, and therefore he would 'take further time
to consider of it. One point of detail he would first
mention,--it was proposed to abolish, or. at least
limit, as much as possible, extraction of records, do-
cuments,
&c. in causes in Scotland, which had
grown into a great 'abuse, volumes being thus fre-
quently made Iv in one. cause, the expellee of
extraaing, which alone amounted to more than the
value of the blajka in dispute. It was proPosecf,
therefore; to confine this system of extraeting to a
mere exemplification of the record, the pleadings,
and the interlocutors. He was aware that, in carry-
ing into execution a .detailed system, like the ,
pre-
sent, there were matt)/ persons whose interests might'
be injured, and not merely interests„bat whose just
rights or just expeCtations, founded upon previous
' study and applicatiqn, with a view to particular de-
pattrnentS; might be injured. If the' pioposed plan
should be carried into execution, and any such in-
_stances.of loss or injury should arise, 'he had no
doubt that the justice of Parliament kl'ou.!d award a
proper compensation ; with tine other point also he'
would trouble their Lordships: it was necessary
that there should be, some means of preventing an
aged and infirm Judge from being reduced to the
painful necessity of retiring with old age into po,
verty ; or of continuing to exercise those duties for
which corporeal, and perhaps mental infirmity, had
rendered him in a great measure, incapable; provi-
sion of this kind existed in England, and he thought
ouo-lit to be extended to Scotland. He had now
gene through the whole of the proposed- plan,
which, it' it did not go so far as. some might wish,
rested, so far as it went, upon solid grounds of ex-
perience in this part of the United Kingdom. He
thought it would be highly advantageous if the
praCtice of hearing Counsel, intended to be intro-
duced into the Court of, Review, was introduced
into all the Scottish Courts. He would not go,
however; thus far at present, and would rather pre-
fer that the present Plan, should be first tried. He
wished that the whole Plan should undergo the must
deliberate investigation, and that it should be tho-
rdughly And inaturely considered by tbo'e who were
best enabled to form a judgment as to its merits, .or
-give information upon the subje(t. He visited also,
• that their Lordships should have full time to con-
sider the subje& Maturely, and with all the new-.
light that could possibly be thrown upon it. With
' that view, it was his intention to pioipse a ntiiiiber

of IMF:phiti:;:r, «wyji they had passed through
tho Ccinrnittee; waj his intention should be
; would then move that the dOilsid2tation
;io;ca be postponed till a day when it was
I.':iliimieneWould not sit, in -order that the
(-mar a;,cussiorilapon, them might be postponed till
.His" Lordship 47oncluded by moving
a number of I.lb::oin(ions, in conformity. with the
objetas,propmd his .speeclh.
Lord 11,1 KES'BORY said, this subje& had
been Under the consideration of the late Ministry,•who
'had taken slaps for the purPose of obtaining every
possible irifbrmation respe4ina- it, with a view 'of
afterwards' bringing it. •befbre Parliament. Upon his
present view of the subje&, he'concurred With the
Noble )-..ord in most of his, propositions; . he thought
die division of the Court of Session into three Courts
would be much preferable to t,\,.vo, but doubted the
propriety of excluOing from the Court of Revied the
Judges of, the Chamber whose decision was appealed
against. , •
The Duke of Moritrtosc also highly,approved in
'general of the plan brought forward by the Noble
Lord,, but doubted Whether there might not some-
times be local obstacles to trial by Jury-in civil cases
m Scotland.

The LORD CHANCELLOR also warmly expressed
his. approbation of the proposed plan, the carrying
which into effect; would, he:thought, be produaive
of the grea,test advantages to Scotland.
The. Resolutions were agreed to. The House re-
sumed, and adjourned till to-morrow'(this day).

hens written testimony had been produced, and' i~ri
which Much oral evidence '(which it was indispen
bible to hear)-was in waiting ; •he would ask whether;
ort such' question, it would not be much better, in:-
stead of proceeding any further, tbr the House td
;say, We see that it is a' subjea, which we are unfit
to deal with, or to giy'e any opinion on whatsoever ?
With regard to the tribunal by which the Hon. Gen.,
--tleman was desirous.nf trying these Charges, should
the House think them worthy to, be preferred, if
that tribunal was hot alwtys found to convid guilt,
by the' &Lip occasioned in it wai.rnorally certain
to'punish iimocenee. O this the:case of Mr.'Has
tings was a strong-proof, who, after a trial of seven
years, attended With the most ruinous expence,
was acqUitted of every charge preferred against him:
rt was of ail tribunals that most industriously to be
avoided, in Which guilt had so little to fear, and
noCence so Mach. Adverting to the assumption by
the House of Commons of the fimaions of the grand
Inquest of the Nation, he asked, what ought to be
the chara&eristics of a Court.of that description ? Nd
doubt patient examination and -stria impartiality.---
- Would the Members of the House of Commons
ply individual labour and attention; to the question
before them ? Wes it consistent with the. other
duties 'and avocations of many of therri to do so ?
Were the opinions they gaVe, on most subje&s made
up from their individual judgment ? With regard to
stria' impartiality, was it not much to be feared,
considering the-prevalence ofparty feelings, that the
Members of the House would not be as free froth
Jhose party feelings as they ought, in, a case 'from
which,' of all others, party feelings should be entirely
eiccludecT? On these grounds he maintained that the
House ought not.to assume a funaion of this nature,
except in cases of: extreme necessity, and where no
other mode of judicial inquiry could be resorted to..
In the year t 784 the Legislature itself evinced the
sense it, felt of the propriety of forming a new mode
of judicially considering offences committed in the
Ea,t. Two ,A6IS had passed, one in t 784, the other
two years after,wards,. constituting a Tribunal beford
which persOns guilty of such
,offences and- malversa-
tions were to be bronght to trial, and by which, if
goiltyrtitefwere-to be-putrishee.-4ilwas left open to-
every accuser to proceed in ,the. following manner:
The first application must, be pale to the Court of
King's Bench; in whom- wait left h discretion, either
to' permit further prOceedings, or, if the accusation
seemed unWarranted, to dismiss it altogether ; a
:and salutary provision! by which all trivial and un-
worthy Charges were stopped at4heir_ very-outset,
In case the Court) of King's Bench complied with
the application made to them, such consent must lie
notified 'to the Lord 6'hancellor, "by whoni a' cern-
",miSsion. or jury must be constituted to try. the
Charge; consisting of a, certain number of Peers, ,a
certain number of the Members Of. the House Of
Commons, and one. Judge from each of the Courts
on Westminster-Hall, without the presence of one
of which latter the proceedings 'could not go- on.
It, was impossible- to institute a Court possotsing-4
. more desirable union of politieal and legal inforrtit-
tion„ or one, moire calculated to do justicyin any cruse
that, might, -be submitted to their investigation.
..IwArd_it,,,ass.erted, that the_Aa.to which
he alluded \S-7,as not meant to extend to subjeas
of a .high," political, and .general -nature,. 'l'4e
,c;;;ads‘ of Aft were to'try extortion and other
ra eanourA." 'But. it 'must be recolle6ed, that by
lie very same A 4 of 17844' offences were created.
It stated- in a prior part to that which contained the
-.llr nes of