The Sun.
London, England, 1853-02-15 00:00:00

present, or within the next few months, would come to
about 940,0001. or 950,0001.
The resolution was then agreed to and the house
resumed.

SHERIFFS' COURTS (SCOTLAND).
The LORD ADVOCATE moved for leave to introduce
a bill to facilitate procedure in the Sheriffs' Courts of Scot-
land, and observed that his predecessor in office had in-
tended to introduce a measure for the same object, but
was prevented from doing so by the resignation of the late
Government. He had, however, placed at his (the Lord
Advocate's) disposal all the materials which he had col-
lected on the subject—an advantage of which he had to a
considerable extent availed himself in the preparation of
the present bill. He wished as briefly as possible to state
to the house the object and scope of the measure. It
would be a great mistake to suppose that the Sheriffs'
Courts in Scotland were analogous in any material degree
to the County Courts in England. Scotland was not, like
England, now trying an experiment for the first time, for
the administration of cheap and expeditious justice,
through the medium of local tribunals. They had had
Sheriffs' Courts in each county of Scotland for many cen-
turies ; and after the rebellion of 1745 those courts were
placed on the footing upon which they still stood. A
sheriff-depute, or acting sheriff, was appoin:,ed from the
bar of Scotland for each court, with the power of appoint-
ing a substitute to act in the county. The jurisdiction of
the sheriff was unlimited as to pecuniary amount—he was
also a criminal judge, and a ministerial officer ; and, in
fact, the functions and office of the sheriff in Scotland were
necessarily bound up with the whole action and working of
the legal and political machine. The system of Sheriffs'
Courts was not unpopular in Scotland—he believed the
reverse of that was the fact. Still abuses had crept in, and
delay and expense were occasioned from three causes :—first,
because the pleadings were not conducted orally, but were
committed to writing ; secondly because the proofs or de-
positions must also be committed to writing ; and the
house might easily judge what a fruitful source of expense
and delay this would give rise to ; for sometimes these
proofs extended over weeks, months, and even years,
whereas the precoss of taking witnesses' evidence viva voce
was a very different and much more expeditious process
indeed ; and thirdly, because facilities were given and
used for appealing on mere matters of form from the she-
riff-substitute to the sheriff principal. To remedy these
evils he proposed to deal first with the ordinary jurisdic-
tion of the sheriff in cases above 501. This category in-
cluded questions of injunctions, and of actions to be per-
formed or prohibited, which might not be capable of pe-
cuniary estimate, but they were often very important, and
he was not prepared to assert that there should not be, in
regard to this class of cases a more deliberate mode of
judgment. He would next' deal with cases of between
121. and 501., and then with cases under 12/. ; but in re-
gard to them all he proposed was, to do away entirely with
written argumentative pleadings and depositions. This
was, no doubt, a considerable innovation upon the practice
of Scotland, but he believed it was perfectly safe and
practicable. He proposed, instead of written proofs and
pleadings, that in all cases the sheriff who heard the case
should take a note of the evidence, and that if the judg-
ment should be reviewed the review should proceed upon
his notes ' • and whenever a case was argued it should be
argued orally, and the sheriff in like manner should take a
note of the argument and state his judgment, and the re-
view should proceed only upon his notes. He did not pro-
pose to interfere with the . office of sheriff principal, but
he would Provide that in cases over 501, (looking at the
importance which might attach to them), some form of
oral pleading should take place before him. He proposed
to introduce into the ordinary Sheriff's Court the same form
of process which had been adopted in the Sessions Court
under R atherfortPs Act. Then, with respect to cases be-
low
501., the question which arose was this—whether they
should be treated on the same footing as cases above that
amount, or whether the small debt jurisdiction (as it was
called) should extend to them. He proposed to take a
medium course, and, therefore, in regard to cases between
121. and 501., he provided that a short form of summons
and of defence should be adopted, and that there shouldihe
ani appeal allowed to the sheriff principal without written
pleadings, in the manner before-stated. An appeal to the
sheriff under this bill would not cost more than half-a-
crown. The real point to be aimed at in a measure of this
kind was, not to sacrifice any one of the great elements of
justice, soundness of decision, economy, and expedition to
the attainment of the rest ; but to combine all three to-
gether, otherwise the machine would fail of its due end.
He had a strong impression that many cases might occur
between the limits of 121. and 501., with respect to which
it was not at all desirable that they should do away with
the safeguards now existing. In regard to cases below 121.,
he should leave the jurisdiction as it was at present, only
allowing procurators to act in cases above 51. He did not
propose to make any change with respect to the office of
sheriff-substitute. The ground on which he thought that
there was no reason for abolishing this office, and every
reason for maintaining it, was the great advantage arising
from the fact that under the present system the sheriffs
were practising advocates, who were compelled to attend
the supreme court while it was sitting, and that in every
county you had a resident local administrator of the law,
well competent, by his knowledge of its practice, to act in
that capacity. He could not forgot that one of the weapons
most easily blunted was that of legal change. When Sir
Robert Peel was in office as Home Secretary, a rule was
laid down that no man should be appointed sheriff who had
haneryedlocalto
sicnocenntehcatitotnimwiet the county, whi
ch
dhadinto
been ad iothis
biu-
a provision with respect to removals of tenants which he
thought would do away with a very great anomaly now
existing. He proposed that a stamped lease should be held
as a sufficient warning on a summons of ejection. He did
not propose at present to make any change with respect to
an
andpo.insiretigoarn dtotosasyheariffnys.
thesu b stitu salariestsubstitute
hoef
wast l snhoetr iafft
thing, not having yet had an opportunity of communicating
with the Government on the subject. He trusted that the
spprrinesecnir
measure of which he had thus given an outline would in a
great measure remove the evils at present felt, and thus
confer a material boon on the people of Scotland.
Mr. HUME thought part of the learned lord's statement
would be received with great satisfaction—he meant that
part which promised the removal of abuses, than which
nothing could be more absurd ; but he doubted much
whetter the people of Scotland would be content with a
half measure like this, when they saw how much room
there was for more important changes. He doubted very
much whether the learned lord was right in making the
distinction he proposed to establish between 121. and 501.
cases. Simplification of process and lessening of costs
should be the two great objects which the legislator should
propose to himself. He was sorry that any defence of
legal sinecures should be attempted at this time of day,
and would counsel the Government to abolish the office of
sheriff principal.
Mr. C. BRUCE said the explanation of the Lord Advo-
cate had given him great satisfaction. He was quite of
opinion that the useful and honourable office of sheriff
principal should be maintained.
Mr. CRAWFORD thought the amount of the sum in dis-
pute offered no ground at all for establishing any distinction
in respect to the mode of trial. He should wish to see the
whole system of the courts in question reduced to a simple
method of oral examination, and also the appellate system
abolished. It was his intention, had not the present bill
been introduced, to have proposed the appointment of a
committee to inquire into the subject, and he should still
reserve to himself the right of bringing in a bill if he were
not satisfied with this.
After a few words from Mr. DUNCAN, leave was given
to bring in the bill,

EXAMINER OF THE COURT OF CAA NCERY.
The SOLICITOR-GENERAL moved for leave to bring
in a bill to make better provision for the execution of the
office of Examiner in the High Court of Chancery. On this
subject a measure had been passed in the preceding session,
the framers of which inadvertently omitted to provide for
two points. One was, the inapplicability of the oath of office
prescribed by the statute 50 C eo. 111. to the new functions
devolving upon the examiner. The second was, that no
qualifications were'specified as requisite in candidates for the
situation, as length of service and standing, or the like.
These omissions it was the object of the present billio re-
medy by provisions dixected to that purpose.
Leave was then given.
COAL DUES IN TAR METROPOLIS.

Sir J. SHELLEY moved that a select committee be ap-
pointed to inquire into the operation of the laws under
which dues or taxes are levied on the introduction of coals
icnoltloectthieon and , metropolis and the neighbourhood, the mode of
the expenditure of such dues or taxes. He
believed there was no opposition to his proposal on the part
of her Majesty's Government.
The CHANCELLOR of the EXCHEQUER observed
that a question of vast magnitude was involved in the pro-
position. He understood the committee would have to go
into the consideration of the whole acts of Parliament
under which the dues in question were levied. Inasmuch
as this was a close question, and the dues were mortgaged
for the payment of moneys advanced on the credit of the
various funds, he did not think it at all expedient that the
committee should be appointed to consider the original
prudence of engagements which were now to be dealt with,
not according to their original prudence, but according to
the public interest involved in them.
Mr. HUME wished that the words of the moan should
run " into the nature and operation " of the acts, which
would give greater scope to its inquiries.
Lord J. RUSSELL said, the honourable member for
Westminster, having given notice of a particular motion,
it evidently should not now be altered. He thought the
word " operation " alone gave amply sufficient latitude,
and that all points of real utility would be included under
the motion as it now stood. Ou the part of the city of
London, he had only to say that they were quite 'willing
that inquiry should take place.
The motion was then agreed to.
On the motion of Mr. BAINES, Sir John Pakington
was added to the committee on criminal and destitute
children. .

-
The house then adjourned at twenty minutes past seven
o'clock.

ANSWERING AN INQUIRY. —The Baltimore A rgus re
lates the following :—At the close of the performance at
the Holyday-street Theatre, on Thursday night, a fa-
shionably-dressed stranger lit his cigar, and walked
slowly along North Holiday-street towards his hotel in
Old Town. While passing Hillen-street-bridge, he was
encountered by a ruffian of the O'Bludgeon order, who
inquired the time of night. "It has just struck eleven,"
said the stranger, blandly, without any signs of alarm.
"Eleven, did you say 1" was the gruff rejoinder ; "as I
don't believe it is so late, I'd like to see for myself ; so
pull your watch out, quick. It looks as if it might be
a good one from the big bunch of seals you've hanging
to it." " Yes, it's a patent lever, extra jewelled," said
the Southerner, pulling it and a long eight-barreled re-
volver forth at the same time. Resting the time-piece,
still retained by the guard, on the barrels of the deadly
weapon, he extended it towards Mr. O'Bludgeon, with
a request to satisfy himself as to the precise hour. The
ruffian appeared to be utterly bewildered at this prompt
movement. A few inches from his nose was the glit-
tering golden lever ; but it rested on eight dark barrels,
from which a slight click of the trigger would send as
many leaden passengers for his life's blood. For a mo-
ment only did he remain in such a dangerous locality ;
and with a quivering remark that "it was any hour the
gentleman was pleased to say," he dashed up Hillen-
street, and was soon lost in the surrounding darkness.
" DOING WELL AT THE DIGGINGS."—Ajthe weekly
meeting of the Marylebone Board of Guardians on Fri-
' day, Mr. Messer read a letter from Catherine Enright,
one of twenty-five workhouse girls sent to Australia in
1849 by the parish, which, after praising their happy
change, and thanking the guardians for it, thus con-
cluded :—" I need only add, that all the girls who came
out with me are married—(a laugh)—and most of them
got children. (Continued laughter.) I have got a little
boy, (Increased laughter,) We are all doing well::