The Sun.
London, England, 1822-03-06 00:00:00

ACTIONS AGAINST HUNDREDS

Mr. DENISON, pursuant to notice, rose to move for leave
to bring in a Biil for facilitating the Recoveryc of small-Claims
against Hundreds, •In respect Damage 'done. by Rioter&
The Hon. Member stated„. that it would be qUitesuflic':nt for
him to inform the House of the proceedings which lead taken
cl.ice in the county of Sutter last year ;. and having done so,
bethought he Should not have occasion to offer another word in
support of his motion. At the Spring ASsies' I 1 actions.were
brought to trial to recover wins amounting 'altogether t0'691.
7s: 61. ; and the costs of these actions had. been taxed in the
proper courts, at .1,1061.95. Igd. .At the Summer Assizes four
actions were brought to trial to recover 71. 6s. rid. and tile costs
of these were taxed in the same Manner at 5311. 6s. Id. • One
of tbe. actions •was to recover .18s. and the -costs of that. action
were taxed at 1121. Yet every one of these actions ,had been
is: avoidably brought, because the remedy by action was the
oisy one left open by Law for those whose property was injur-
ed. The Tionse.thust be satisfied that so monstrous a griev-
ance calleflotidly for • redress ; and with the permission of the
House he .would submit a giving the Quarter Sessions
jurisdiction over ceuscA wherein the sum sought to be recover-
ed did not exceed M.. The Hon. Member accordingly moved
for leave to bring in such a Bill.
Mr. B. WILBRIIAM said, he „could confirm the state-
ment of the Hon. .Mover, as far as regarded the general amount
be the Law expenses compared with the sum to be recovered.
:Phis evil had been so deeply,kit in the County of Lancaster
that it was contemplated by the Bench of magistrates to in-
struct hiM (Mr. Wilbraham) to bring in a Bill similar to that
itoi moved for. He was happy' the subject had been taken up
by the Hon. Member.
Mr. SCA RLETT.approved of the Bill ; but. thought it was
not necessary to confine its effect to any particular sum. The.
mode of recovery' might be simplified generally, without tak-
ing away the principle upon which the present law was found-
ed. All that the law required was that the right of the person
seeking the remedy should be established by a Jury.
Mr. LOCKHART highly approved cf the Bill, and trusted
it would be only a precedent for others. The present mode of
administering justice was disgraceftil to . a civilized country ;
and he trusted the subject would be taken up by the-House. •
Leave was then given to bring in the Bill. •
SCOTCH JURY LAW.

Mr. KENNEDY brought forward his promised-notion re-
specting the present mode of . conducting criminal proceed-
ing ia Scotland with reference to .Juries. If however the
learned Lord oppositt would introduce the subject into the

measure' e was about to propose, he (NIT. K.) Would not press
his motion.

The LORD ADVf..I4-C:ITE said, .be so widely differed in
opinion fromthe 1i0n.,33-ember upon the subject -in question,
that he thought. it would bt more advisable for the Hon.-
ber to proceed-Withhts-Motion. • , .-7 - - •
Ii.ENNEPY resumed. ile would shortly inform the
I-louse ofthe present- state of7the Criminal Law of Scoiland.--t-
The:chief Cmnitial-Court was the High-Court of Justiciary,
and the Members of this Court held Circuits twice a year—
The Court nett in impot=nre- -was the Sheriff's CoUrt. The
Sheriff was, in Scotland, a Judo avpoiated by the Crown, and
selected front the-Bar. Ue c3e yd luau civil• and some crimi-
nal cases, arid in'otheri ,of-e*, latter descriptiOn.he sent the ac-
cused to trial, his adjudication being in the nature of the tin&
ing of a Grand-Jury, The Jury was in Scotland composed of
fifteen persons, and a majority decided. the question.. These
fifteen. were selected from forty-five summoned for the pur-
pose, and the-Selection was made by the presiding Judge. .The
prisoner had not the right of challenge which was given by
the English law, He coakt only offer certain legal defined ex—
ceptions to any Juror to he objected, -anal-the presiding
Judge detailed upon those exceptions. The Bill he 'pro-
pOsed • was principally for giving the prisoner the right of
elmllenge, - and had been modelled upon the measure late)
adopted. for extending the Trial 'by Jury in Scotland to Civa
Cases,, That measure was interidgcl, in the first instance, to
be merely temporary ; but the experience of four years had
shown- its beneficial effects, and it was raa.depermanent. The
Honourable :Member. Complained that '.inuch prejudice had
been, exerted - against.hiin because he had brought the present
inibjeet--• forward, and .he, therefore, trusted. that he should he
allowed- to offer-himself again to'the notieeof the House should
-any observations •be naide 'which might, in hil-opinion, render.
it neceSsaryfor him to do so. The Honourable Member then
moved-for leave- to bring in a Bill to alter the present mode
Hof proceeding Upon Trials by Jury. on .Criminal Charges. in
Scotland, . y . • •

The LORD ADVOCATE said, he shOuldnOt oppose the
Motion, bur•he trusted the House would not come to any opi-
nion•on the subject until the question-should come on for the
second reading of the. Bill. He pledged.himself to -prove to,
the satisfaction of the House' that the measure was uncalled-
for, Unnecessary, and unwise. - • •
Leave was then. «ivea to. bring in the Bill.
Sir M. W. RIDLEY withdrew his intended motion for
Thursday next, in consequence of the vote to which the House
had come to. the Other night respecting the reduction of two
Lords of the Admiralty. As Ministers intended to act upon
that vote, it was unnecessary for him to press his motion.
• Mr. HUME, in cdnsequence of the suggestion of the Noble
Marquis, withdrew his- notice of motion for several Returns
connected with the , Consolidated Fund, and expressed his in-
tention to wait for the. proposed measure of the Chancellor of
the Exchequer. The Honourable Member then presented a
Petition from certain Inhabitants of, the County of Lancaster
in favour, of .Ir. Hunt;. which, after a few observations from
Mr. Hume in support of it, was ozdered to lie on the Table and
be printed. •