The Sun.
London, England, 1830-04-12 00:00:00

SCOTCH LAW REFORM-JURY TRIAL

(From the Scotsman.)
Wecannet but approve highly of the principle of
lessening the number of Courts which, by splitting
jurisdiction into fractions, give rise, as that of the
Admiralty and Commissary occasionally did, to nice
and expensive questions of competency, and which
as well as the Jury Court, require a separate appa-
ratus of clerks and other functionaries, the expence
of which may, by concentration, be saved to the
country. But, at the same time, we are fully per-
suaded, that, notwithstanding the excellent inten-
tions of Mr. Peel, and the soundness of the prin-
ciple on which he proceeds, the whole scheme will
miscarry, and become the means of more thoroughly
outlawing the bulk of the community—that is,
putting the price of justice beyond their reach—un-
less regulations be adopted by which the prelimi-
nary procedure, and all except the very last step in
the preparation of causes, may be carried through
by the clerks of Court and attorneys. The lieges
are not able to buy law, if it is to be had only by
means of a triple set of written pleadings, all got
up necessarily by the labour, and saddled with the
fees of both agent and Counsel. This costly ma-
chinery was not indispensable, and in ordinary cases
was seldom resorted to, either in the Admiralty or
Commissary Courts; and the abolition of them. will
be felt by the country if some provision, such as
that ►re have alluded to, be not made now in the
Court of Session. It is for the honour, and it
would ultimately be for the interest of the Bar, that
this should be done, since the keeping up of useless
technical applications, and the compelling of parties
to consult with and obtain the signatures of Coun-
sel, whether requisite or not, to an extent which
should prevent all but the rich and sanguine, or the
desperate, from venturing into courts of law, would
ultimately punish the Bar, with loss of profit as we
as character, and make the Courts themselves bot

ridiculous and intolerable. A public constantly
growing in intelligence would not submit to such a
state of things. The Lord Advocate has not, as
far as we have otserved, said one word about the
abolition of the fee fund—an incubus which the
administration of justice must get rid of in some
way or other. Neither is any thing said about the
abolition of sasines, and those other expensive and
useless forms which, in effect, Mr. Peel pledged
himself to do away once and for ever. But these,
and many other reforms, must and will follow.
We have given the Lord Advocate credit for the
principle on which his reforms proceed, and for the
liberality of many of 'his sentiments. But the rea-
sons which he assigns for particular measures appear
to be often groundless or incongruous. He is per-
petually confounding the people with a class or pro-
fession. That of the law was inimical to the intro-
duction of Jury-trial. The people, on the other
hand, were favourable to Atat measure, and almost
every enlightehed Scotsman was its strenuous ad.
vocate. Now, however, we are greatly misinformed,
if the people have not formed a strong dislike to
Jury-trial. The general opinion seems to be that
it is in the nature of a very costly game at
hazard, and there are few who are not ready
to abate much of their fancied rights ratl:er
glum encounter the risks of a trial. The ex-
periment has signally disappointed the expecta-
tions of the country; and it is of great moment
to inquire whether this result has arisen from the
unfitness of the people of Scotland to discharge
the functions of Jurors—from ;their ignorance, ser-
vility, and want of judgment—from the forms of
procedure, and especially th© mode of taking evi-
dence, and the privilege of reply given to the pur-
suer—or from the want of requisite qualifications
The loose oratorical habits, want of strictness, labo-
riousness, or spirit—of and in the profession? We
greatly question, also, whether the reduction of the
Judge. should not take place in the inner-houses,
rather than among the permanent ordinaries. There
is an arrear in both departments; but it is, perhaps,
snore invincible, and it is unquestionably more inju-
rious, in the outer-house, or preliminary stages,
than the divisions of the court. Besides, if we
have arrears of business of a heavy description now,
what is to be done when an. expected increase of

business shall come to be dealt With by still fewer
Judges? There are grounds here for casting some
of the labour upon the clerks and attorneys; and if
this were to be done, the schooling and example of
the jury-elerks, who are to be thrown into the Court

of Session, would be worth all the money that has
been expended on the Jury Court.

The Lord Advocate is inconsistent hi other re-
spects. The reasons which he assigns for the abo-
lition of the Admiralty, Commissary, and Jury
Court, called still more loudly for the abolition of

the Court of Exchequer ; since the business done
there is not only trifling in amount, but of a nature
which the molt inferior qualifications of a legal kind
are able to cope with, We allow, frankly, that the
moral qualifications for deciding on questions be-
twixt the Crown and the people are of a high order
—and that these are united with high )e gal talent
in the gentleman recently appointed Lord Cbief Ba-
ron but why might there not be a Lord Ordinary
in the Court of Session, brought from England to
decide on revenue questions, and why should not
his decisions be subjected to the salutary controul
_ _

of either Division of the Court ? The idea- of keep-
ing up the machinery of a separate Court, at a great
test, for the honour of Scotland, is utterly ridiculous.

HgwitY VIII.—The character given of this
Monarch in the new Romance of " Darnley," which at
present deservedly occupies so large a share of public fa-
vour, is chequered with all the nice alternations of light
and shade, and toschetl with all the force belonging to a
master. Through much frankness and buoyancy of spi-
rits, we cannot but discern, Ryen in his youth, strong
indications of the future tyrant, Jo FRANCIS I. we have
an admirable contrast to the other portrait. We behold a
being at once brave, generous, and magnaniaaojis—a Prince
uniting the most ennobling with the most fascinating qua-
➢ities. The historical details of the period of which the
author has availed himself, are moreover drawn from
sources never before accessible to the public.
Mr. M. FITZGERALD slicer...Kis Sir G. Him,
as Vice Treasurer of Ireland. The Right lion, Gentle-
man, of course, vacates his seat for the county of Kerry.
There never has been an opposition to the Knight in the
native country, and his friends will once more have the
satisfaction of witnessing the unanimous choice of the
county of Kerry, in the return of a gentleman who haus°
many public and private virtuea to recommend him.—
.Thailin Evening Post.