The Sun.
London, England, 1825-02-08 00:00:00

SCOTTISH JUDICATURE

The LORD CHANCELLOR left the Woolsack, and re-
'minded their Lordships that towards the close of the last Session
. of Parliament a Bill had passed the House for the improvement
of Scotch Judicature. Before the passing of the Bill, a Com-
mission had been appointed, in the first instance, to ascertain
what: was fitting to be done; and the Members of that Corn-
-mission were selected from' among persons who, from their ac-
quirements and situations, where deemed most capable of throw-
- rig light upon the subject thus submitted to their inquiry.
From those Commissioners thus selectell and appointed, and
after a faithful though painful investigation of the subject, their
Lordships had received an unanimous Report, which led to the
adoption of the consequent Bill ; and the only question was,
• whether the Bill had been framed in conformity with the Report
so 'made ? He knew indeed that many pOblications on the
sui-oject had since issued from the press ; but he did not hold it
consistent with either the character or dignity of Parliament to
alter Bills merely at the suggestions of writers from without
doors. If, therefore, their Lordships were disposed to reCon-
- sister the Bill, with any view to amendments in it, it would be
better to re-introduce it, when it might .be altered, if found ex-
pedient, in a Committee of the whole House.
JOINT STOCK COMPANIES.
The same Noble and Learned Lord oliserVed,-that being now
upon his legs he wished to take this opportunity to advert to
what he had thrown out the other night with respect to those
Joint Stock Companies now setting on foot. Ile begged to assure
, their Lordships that he was not then aware that a question of
very great importance as connected with such speculations was
Bofore the Court of King's Bench, and that the Learned
Judges had that very day given their. opinion on it. No man,
be apprehended, was so violent'as to maintain that no such
Companies should exist. Whatever the law might be, it could
not be permitted that the public should stand in this situa- •
atiou, that before the section of the Crown or of Parliament
had been given to a constituted or Joint Stock Company, per. •
-sons should be at liberty to sell, at art enormous profit, the pro-
posed shares of that Company, w hich was nothing more nor
less than laying a bait for their own benefit. The object of his
measure, therefore, should be to prevent the tranfer of shares
until such Company should have received the sanction of the
Crown or of Parliament.
The. Earl of LAUDERDALE was inclined to doubt the
_ necessity of proceeding. in the manner laid down by his Noble
aila .earned Friend. If such speculations were now held to
be illegal, as the Judges in the Court of King's Bench had de-
. cured. they were, what necessity could there be for another
Bill ? It would be better at all events for their Lordships to
take the opinions of the Judges on the law as it at present
stood. They might afterwards, if necessary, pass Mercly
declaratory law..
The LORD CHANCELLOR, in reply. was understood to
',object to the Statute of 6 Geo. I. as not likely to be carried
into effect in such cases on account of the prTmutiire it inflicted.
-Tits offence would go on,and no punishment follow, or punish_
merit would fall upon innocent persons. 'Where the conaes
csneneelesvere more certain in their general operation, it was
likely that more good would eventually -be 'done. The conses
quenees at transgression under that Act were such, extending
to the forfeiture of goods, chattels, and lands, ,that Ll'4l;'sTre*-
osiors went on without the punishment being applie'd.% -I`Cow it
Appeared likely to him that milder penalties would prove mach

more effective, as there would be no objection to suffering the
law to operate.
Adjourned at half-past five o'clock till to-morrow, for which
day their Lordships are summoned.