The Sun.
London, England, 1819-04-01 00:00:00

SCOTCH ACTS OF P.IR7.IA'MENT.

Mr. I.IOS',VELL rose, in pursuance of his notice,
to move tot leave to bring in a Bill to repeal cer-
tain Acts of the Parliament 'of Scotland. He
professed the Iv eatest veneration for the laws of
ltis country, which he would not change for any
others on earth. But on that very account he
was anxious that nothing objectionable should re-
main among these Laws. It had lately been
stated, that the revision of the Statute Law of
Scotland was impracticable. But that he thought
was a mistake. It must certainly be advantageous
to remove from the Statute Book those Acts
which h.id become obsolete and fallen into de-
suetude. Ile did not wish for any innovation.
But he was surprised to find that those Gentlemen
of the Learned Profession wnom lie had consulted
on this subject Were averse to the measure which
he now wished to propose. Yet he thought he must
certainly have the support of those who had ex-
pressed an opinion that the Court of Session could
not decide that any Act of the Scotch Parliament
had fallen into desuetude without the autho-
rity of Parliament. He alluded to the case of
Lord Balmerino, its 1734; who had been indicted
....co had on two abominable Statutes, ve hi
high treason for any person to speak against the
character of the King in private. Tl.e argument
in tavour of the defendant in that case was, that
the Arts had fallen into de,,netude, against which
the Noble Advocate had contended that no pre-
, script ion could run against an Act of Patliament.
Many of the Acts now on the Statute Book of
Scotland were very absurd. In particular he al=
luded to two Acts of the reign or King
respecting duclling,whicii provided, that whoever
should be concerned, directly or indirectly, with
bearing a challenge to fight a duel, from one per-
son to another, whether the dud took Place or
not, should forfeit all his goods and chattels ;
that if a duel was fought, and one party killed,
the survivor should be hanged ; and if neither
was killed, both should be hanged --(Laughter.)
There were other Acts very absurd ;one provided
that no butcher should keep more than one acre
of lend for grazing cattle, under very heavy pe-
nalties. lie concluded by moving for leave to
bring in a Bill to repeal certain Acts of the Par-
liament of Scotland relative to duelling:
Mt. MAcK.ENzio conceived it was Impossible
c
for any Commission of that [louse to inquire into
all the Scots' Statutes. Any it:tietrhi
tc of the
mischievous
House could only be attended with
effects. . .

Lord ARCHIBALD HAMILTON, 0)0110 he voted
with his light Hon. ,Friend (Sir.). Newport) the
other evening, meant to vote, against the present
motion. It was very desirable to know what
laws were in desuetude, and what were not ; but
nothing wits more frivolous than to repeal une act
one day and another act some other day.
Mr. BoswELL explained.
Lord BINNING declared that he would. not ob-
ject to the present motion.
Mr. BROUGHAM said, if he rightly understood
the Honourable Gentleman, the suhjt•ct of des-
uetude was not in question. He wished to repeal
an act of Parlian►eut that was not in desuetude,
but in force two years ago; he merely proposed
an Act to repeal another Act, and the whole dis-
cussion ►could turn on the merits of the Act pro-
posed to be repealed, Ills opinion on the sub-
ject of desuetude' was, that it was as much the
Law of Scotland that Statutes fell into desuetude,
as it was that a man's eldest son succeeded to his
landed estate.

Air. W. DUN DAS argued that the plebeian of
desuetude %vas not touched on.

The Motion was agreed to, an►i leave given to
bring in the Bill.

Sit C. 1-lawraNs moved that there be laid be-
tore the 1-louse the recold of the Verdict of-Ac-
quittal in a Prosecution ordered by the House
22d April 1807, and ordered at the Summer As-
sizes at Boinin, 1808.
FREEMEN IN TOWNS IN IRELAND.

Mr. 61...AKK Sditi, in mo%mg for leave to bring
in a Bill to expla.in the laws wFb respect to the
admission and election of Freemen in Cities and
Towns in Ireland, he wished to observe that his
object was to pievent the system of desuetude
which prevailed an the law of Scotland front be-
ing extended to Ireland and Ell,land. In a cer-
tain case in Leland, the twelve Judges had de-
cided, that the provisions of an Act of l'arlirumnt
wet e set abide by, a course of usage diametrically
opposite, He denied that by the law of Eng-
land and Ireland any man tt,ho administered the
law could substitute himself to the Legislature.
The Honourable Gentleman proceeded to state a
case which was decided in the Court of Kin's
Bench, and Hiles a-ards removed to the Court of
Error, respeciing the privileges granted by char-
ter to a place having a population of 40,000 in-
habitants, and in which it wastul down that 'll6
Act of Henry the 7il; was ;abrogated and repealed
by opposite usage. The Hon. Member concluded
with moving for leave to bring in a Bill rwaniend
Law iu lieland respecting the eligiblity of
Non-res.rdeuts and Freemen in the Cities and
Tov,:ns in behind.

Sir JOHN NEWPOUTA though not anxious to in-,.

terfere ti•ith the object of the I-lon. Member, still
thought that some groomd should be.made out to
prove the necessity of the tr.,,asore. It any opi=
Ilion had been given by the Judges, before !toy
proposition wag Mack to Parliament, it shotthi be
before the House.

Atter some farther observations from Mr. Blake,
Sir John Newport, and some other Members, the
motion was" ultimately viithdrawn.

EXCISE LAWS.

Mr. Alderman Waytn MAN observed, that in
submitting his motion he wished to make one or
two observations respecting the petition, which,
on a former night, he had presented from a per-
son of the name of William Weaver. Lie 'consi-
tiered it 11;3 dilly on all occasions to endeavour to
ascertain the merits of every petition which he
presented. In the. present case he had made
inquiries into the statements of the petitioner•,
and the result was favourable. Since that he
had learned that he had been engaged in
smugeling transactions., But at all events
he did not think, that even if ;here charges were
true, they constitutes a reason for the sufferings'
And persecution he had undergone. Ile had seen
the landlord of the Petitioner; and from him he
learned, that, even .after the goods firs' seized in
execution were purchased by him, they were
again seized as belonging to Weaver. He was,
in consequence of his present imptisonment,
wholly unable to meet his honest engagements
with his creditors, and hall actually laid his Peti-
tion before the Insolvency Court, in order to be
relieved. His family were dependent ripon preca,
rious bounty for their support, and he (Mr. W.)
had seen a Gentleman, who was induced, from
their distress, to give five pounds for tenrorm y
support. Brit his main object in the present mo-
tion was to get at the whole of the system—to
chew the country, that while the party sited in
the Exchequer nas ruined, the 'resources of the
country were misapplied in defraying the expen-
diture. Fie had therefore to move, that there be
laid before the House an account of the expellees
incurred, and the amount of penalties received,
in the case of Wm. Weaver.

Mr. LLIsHINGTON agreed with the Worthy Al-
derman in his view of duty as to the propriety of
mscertai ing the truth of a Petition. One other
duty the Worthy Alderman had yet to learn,
namely, to allow his credulity to be less imposed
upon. Never, he would undertake to say, was a
Complaint brought before that House under more
deceptive grounds. The commisset at ion of that
House, he would prove from most unquestionable
docometn4, was called for by the Worthy Al-
tier man for a most notorious offender—for one
who had been twice convicted under the Excise
Laws •as an illicit trader, who had been
three times convicted at the Thames Police
Mice, and twice at Shadwell, for smug-
gling offences, and in whose house smugeled
tobacco was found within a few days of the pre-
sentation of his petition. He had no objection
to the motion of the Worthy Alderman ; but at
the sane time he felt it his duty to move for, in
addition, all the Memorials of %Vat. Weaver to
the Treasury, anti the proceedings thereon. Did
he believe that the assent to the motionrcould
convey any censure on the Solicitor of Excise, he
would not consent to it ; but, convinced that the
more the subject was discussed the more the, in-
tegrity, talents, and onwearied zeal of that re-
spectable individual would be evident, he had no
objection to the production of the papets moved
fur, with the additions lie had specified.
The ATTORNEY-GENERAL CI-Vert(' into all the
particulars or the proceedings against Weaver,
and she wed that it was on the suggestion Of his
Counsel, and a most dexterous Solicitor, that he
compromised for 2001. Had lie (the Attorney-
General) been at the time acquainted with his
character, he would never have consented to the
compromise.
Mr. W. HARVEY felt how such a disclosure as
the conduct of Weaver unfolded prejudiced the
general principle. But what he complained of
was, that men who, without any inteation to
fraud, were inadvertently entrapped into a viola-
tion of the Excise, were treated with equal seve-
rity as notorious offenders. If such men peti-
tioned the Excise Board, the only answer they
received was a refusal—they wete never at the
time told what compromise the Board would ac-
cept. When, however, all the expences of the
prosecution were incurred, and the trial was about
to proceed, the Solicitor of the Encise appeared
with his list, and stated the amount of compro-
mise lie would accept. That was sure to coter
his costs, for these he was determined to have
per fns et ttfar.
The ATTOHNEY-GENERAL positively stated, that
in the course of his professional practice in the
Exchequer, he had never seen or heard of such a
list as the Honourable Member alluded to.

Mr. IlAnvay, in explanation, sad he had the
fact from good authority ; hot he could also add,
that in three cdses in which he was Toofessionally.
employed, and which would probably come before
the [louse, he had seen the slims which the Soli-
citor of the Excise would take specified previ-
ously in his list.; and in one instance, where a
lesser sum was offered, the answer of the Soli-
citor was, that it would nut cover the costs. Ile
(Mr. H.) took the opportimity of giving notice,
that after the recess he should move for a Com-
mittee to inquire into the nidnner in which pro-
ceedings tinder the Excise Laws were carried on
in the I.,*_exchequer.
Aldetman WAITFIMAN briefly replied ; and
atter a few words trout Sir ISAAC GOFF! N, Who
regretted that the time of the House was so long
taken up on so unworthy a subject, the motion
was agreed to.
Mr. D. GILBERT brought in a Bill for tie regu-
lation of the Office of Lord Justice General in
Scotland. The Bill was lead a first time. Se-
cond reading fixed for Friday next. The Hon.
Member staled, that it was his intention to posi-
pone the committal of the Bill until totter the
recess.

W. I,,AR7P,Y 1110Vttip that 'there he laid br-
tore the Howe ti Iletnro of the Nninbrrot Crown
Debtors charged in execution ntid rommitled for
want olibail, and when each Debtor was coin-
rnitted.—Oldtt ed.