The Sun.
London, England, 1823-05-16 00:00:00

SCOTCH APPEALS.

The cause of Sir JAMES DUFF v. the Earl of
FIVE, which is now pending in the House of Lords, is of a na-
ture to awaken a lively interest in the community. It Is the
first serious example that has been brought into discussion of the
practical effects in Scotland, of the new institution of a trial
by Jury in civil cases. In Ibis point of view; it has already
been received with a degree of attention to which its
claim it not diminished from the peculiarity of its cir-
cumstances. Considered altogether, and with relation to
the magnitude of the interests involved, it is not often that
our highest Court of Judicature- is called upon to sit in re.
view of a case, embracing questions. of more difficulty,
whether of law or fact, or pregnant with graver consequences,
whether immediate or remote. The late James Earl of Fife,
effected great improvements during his life time, of the plo-
perty to which he succeeded. Ile showed by a variety of deeds,
from the year 1793 to 1807 inclusive, that he did not mean these
to descend in entail to his heir-at-law. The personal attention
he paid to his own afthirs, was far beyond what is usually ma-
nifested by individuals of his rank. He made many skilful
purchases of land, and received some large accessions by mar-
riage. His habits of business were diligent, and his acquaint.
..tince with its forms of long standing. He was likewise in the i
constant practice of employing and consulting, in all its trans-
, actions, agents of high professional repute, with whom he
maintained a regular correspondence. At length, in the year
1807, he directed a trust deed to be drawn up, by which he dis-
, posed of a largo portion of his estates, to the value of 20,000 d.
per annum, to the appellant, in discharge of his debts, and
for other specific purposes. The validity of this deed, and
its legal execution, are two of the chief points in this nu.'
portant question. At the period adverted to, Lord Fife's
powers of action were much impaired, and it was matter of
doubt whether any deed could be operative that was signed or
subscribed by him, ;without the ceremonies prescribed by
Scotch law in eases of total blindness. One of those firms was
the presence of a notary, which was overlooked in this case.
Ilut the great difficulty experienced in the trial of the question
in Scotland was, to determine on which side the burden of
proof ought to be cast, and whether it was for the pursuer or
defender to bring forward evidence that the papers were or
were not read over to the late Earl previous to his subscribing
them. In the end, however, a majority of the Court of Ses-
sion having decided in favour of the actions, six or seven is.
sues of fact were framed and twice laid before a Jury, who, by
their verdicts, had made it necessary to urge the present ap-
peal. It was remarked by the Lord Chancellor, that in Eng.
land the whole matter would have been comprehended' in one
issue, and much of the perplexity now experienced would
have been avoided. It was somewhat new to him to find the
proof of a negative laid upon either party; but at all events this
was a question of very high importance, and demanded the
fullest consideration.

SETTLEMENT AT KILTARLITYo-011 Thursday
the Presbytery of Inverness, in pursuance of this
sentence of the General Assembly, and the sub..
seiuent decision of the Synod of Moray, fixing
the Bth May for the day of settlement, pro-
ceeded to the inducting the Rev. Mr. CoLIN
FILAFiEtt to the•parisl► of Kilterlity. Agreeably
to notice, Mr. GIL MAN, Sheriff-substitute, with
some peace officers from Inverness, attended, but
happily their interference was not required ; a
respectable proportion of the parishioners were
present, and the conduct of the congregation was
orderly and commend able.—(Edinburgh Courant,
May 12.)
Mr. llcArt, farmer at Claremont, near St.
Andrew's, Scotland, found a beautiful wedge
of agate upon his farm, on Saturday the 3d
Instant, embedded between the soil and the
clay, about' three feet under the natural sur-
face of the ground: It is finely polished, and
in the highest preservation. It is nearly a foot
long, varying from two to three inches broad,
and from a sharp edge to an inch thick ; it is
chiefly of a pale greyish or dove colour, hut
partly veined, black and white, and is wedged at
each end. Mr. II LAN 'delivered it to his landlord,
Mr. NA (LINE, Picardy Place, who has already
submitted it to several eminent antiquarians, and
means to lay it before the Royal and Antiqurian
Societies, in the• hope of procuring some satisfac-
tory theory as to its original use and its probable
antiquity.