Star.
London, England, 1808-05-07 00:00:00

SCOTCH JUDICATURE.

After some routine business, the Hoose resumed the
Committee upon this Bill, when several clauses were
read and successive amendments proposed, which gave '
rise to a long discussion between the LORD CHAN,
CELLO R and Lords LAUDERDALE and ROSS-
LYN, and several verbal amendments were made
and others rejected.
Lord ERSKINE then proposed, as an amendment,
that persons appealing to this House, should previ-
ously petition the Chamber before which the cause
was originally tried, stating the facts divided from the
law, with a power to the Judos, at their option, to
direct an issue on the fact to be tried by a Jury.
This gave rise to some further discussion between
the LORD CHANCELLOR and Lord REDES-
DA LE, when, upon the suggestion of the former,
Lord ERSKINE postponed his amendment.
Lord GRENVILLE objected to the wording of
the preamble to the last clause of the Bill, appointing
Commissioners, with powers to Inquire into the Ad-
ministration of Justice .;.‘ Scotland, and proposed as
an amendment, that the words, it has been conceived
that it might be for the utility of the subjects in Scot-
land, that Trial by Jury should he introduced in cer-
tain causes, &c." should be left out, for the purpose of
substituting words, whereby the duty of the Commis-
sionefs should be directed particularly to eases where
the Trial by Jury might be beneficially introduced.
This Amendment was strenuously supported by
Lords ERSKINE, ROSSLYN, and LAUDER-
DALE, and opposed by the LORD CHANCEL-
LOR, Lord MORTON, and Lord HAWKES-
BURY, who warmly supported the Clause as it
originally stood. The Amendment was then nega-
tived without a division.

Lord LAITDE RDA LE then proposed an Amend-
ment, limiting the powers of the Court of Session in
passing acts of .tederugA,
Lord GRENVILLE, in support of the clause,
contended that it was the duty of Parliament to pre-
vent its enactments from be,ng stayed by an assumed
power of the Court of Session. Ile thought this
Court should be called upon to lay before their Lord-
ships an account of the nature and tendency of those
acts of me/crust, and of the right by which that power
was assumed. He. arraigned their alleged inheritance
from the Privy Council of Scotland, the most tyran-
nical body of men that ever disgraced the worst acts
of the race of the Stuarts, and concluded by de-
claring his warm concurrence in the Amendment of
his Noble Friend

The question was then put, and the amendment
neviletived without a division.
House having resumed,
Lord HAWKESBURY moved, 'hat the Report
be received tomorrow, and then printed, in order to
give their Lordships a view of the Bill as amended.
His Lordship expressed a hope that the third reading
of the Bill would not be delayed beyond Wednesday
next.

The Report was ordered to be received to-morrow
accordingly.

RfVERSIONARY BILL.

Lord HAW KESBU R Y stated that, perhaps from
some mistake or inadverteute of his, it did not appear
on the books, that an order was made for summoning
their Lordships upon the second reading of this Bill,
on Monday the 9th instant. He should thereibre
now move, that their Lordships be summoned for
that day.
Lord LAUDERDALE said, that as some Lord,
in consequence of not being summoned early fin• that
day, might conceive that a measure of such magni-
tude could not be then discussed, and might therefore
be absent, he thought it would be more for the conve-
nience of their Lordships, if the Noble Secretary of
State would defer the second reading of the Bill until
Tuesday.
Lord HAWKESBURY acquiesced in this sug-
gestion, and an order was accordingly made till. sum-
nioiting their Lordships for Tuesday, instead of Mon-
day. Adjourned at half-past Eleven.

HOUSE OF COMMONS.
010 TS JUTX;FIS SA LAKIb:S..

The LORD ADVOCATE of SCOTLAND brought in 7. bill
for granting Salaries to the Judges in Scotland, on Resignation of
their Uffices.—Kcad a first time, ordered to be read a second time
mid to be printed.
Mr. limit:a, from the Customs, presented the Returns of the
quantities of Barley, Rye, Meal, &c. imported from they ear t 793,
with the bounties paid thereon.
yAIIeIAATER GENERAL'S ACCOUNTS.

The WI to; accelerating the Auditing of the Accounts of the
Paymaster General of the Forces was reported, and ordered to be
reed a third bate on Monday.
EStlrEcit4Fß BILLS.
I 1 .-HOSICIISON presented asktecount of the Exchequer Billc
outstanding, istutd under the Act of the 47th of the King.—'l'u iir
se the table.

SIR HOME POPHAM.
Mr. I.USHINGTON fixed his motion relative to the ship
Etrueco, for "ruesday next.

CHILD 6TEALIND.

The House went into a Committee on the Bill for
preventing the crime of Child Stealing.
Mr. Alderman COMBE proposed that the age of
the child should be reduced from seven to five years.
iiYEAKER recommended to the worthy Al-
derman, to adhere to his original idea of seven years,
being the legal age.
The Honourable Member acquiesced in this sug-
gestion, and the word " seven" was ordered to stand
part of the Bill.
Mr. Alderman COMBE then proposed that the
crime should be accounted grand larceny.

Mr. JODDRELL thought child stealing a crime
that magnitude, that it ought to be ptuushall with
deada.
Mr. LUSHINOTON Was ho less &posed to
check the frequency of this crime, than the Hoft. Mem-
ber who spoke last could bo, but he was of opinion
our Criminal Code was alteady too much loaded with
capital offences. • I
Mr. ELLISON said, he could wish, for the sake
of humanity, that many of our capital offences were
erpunged from the Statute Book ; but conceiving, as
he did the crime of child stealing tote one of the most
diabolical which could bt committed, and in which
the peace and very existence of society were implica•
ted ; while, at the same time,by our Statute Book as
it did stand, the stealing of so paltry a consideration
as a sheep, or a pig, was a capital offence, he could
not think it merited any thing short of a capital pu-
nishment.

Mr. J. ABERCROMBY remarked, that it was a
notorious fact, well-known toall who *ere accustomed
o look into our prisons, that no punishment was locked
upon with more indifference, nor was there any in
which the culprits seemed so little sensible of the crime
they had committed, as where the offence was of a
capital nature. 'l'll.> state of our gaols afforded such
convincing proofs of th^ humanity of the Sovereign,
that a commutation of punishment, if not a total re-
mission, was almost uniformly counted on. He was
of opinion, therefore, the best mode to check this
offence, grievous as 11c confessed it to be, would be,
at once to visit it with an adequate punishment.
Strangers were excluded after a few observations
from other Members, but no division took place.

The different clauses were gone through, and the
amendments were to be proposed on bringing up the
Report, which was ordered to be received on Monday.

Ths following is a copy of the Bill:
Wherers the practice of carrying away young ritildfch by forci-
ble or fraudulent meam front their parents or other persons
having the care and charge of them, commonly called Child-
stealing, has of late much prevailed and increased;
And whereas no..adequate punishment is as yet by Law provided

. .
for so heinous an offence ;
be it therefore enacted, by the King's most FaC.llent Majesty,
by and with the advice a:icl consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament asst mbled,
and by the authority of the unit., that if any person or persons,
from and after the passing of this Act, shall, either by force or
fraud, lead, take or carry :sway, or decoy or entice away any child
under the age of aeren years, with intent maliciously to conceal
and detain such child from its parent or parents, or from any other
person having the lawful care or charge of such child, or with in-
tent to stead any article of apparel or ornament, or other thing of
value or use, upon or about the person of such child, to whomso-
ever such article may belong, or shall receive or harbour with any
such malicious intent as aforesaid any child, knowing the same to
have beets so by force or fraud fed, taken or carried, or decoyed or
enticed away as aforesaid, every such person or persons, and his,
her and their Counsellors, Procurers, Alders, and Abettors shall
be deemed and shall he subject and liable to
all such pains, penalties, punishments, and forfeitures as by the
laws now in force may bt inflicted upon, or incurred by persons
c I ivicted of

And be it further enacted, that if any person or persons who
shall be ordered to be transported by virtue of this Act, shall be
afterwards at large within Great Britain, without some lawful
cause, before the expiration of the term for which such person or
persons shall be ordered to he transported, all and every such per-
son and persons, being thereof lawfully convicted, shall auger
death, as in cases of felony, without benefit of clergy.
And be it further enacted, that such person and persons so or-
dezed to be transported as aforesaid, and afterwards found at„.l
Large within Great Britain, may be tried for such offence either
before Justices of Assize, Oyer and Terminer or Gaol Delivery
for the county, city, or place where such person or persons was
or were so convicted seal ordered to be transported as aforesai.l,
or before Justices of Assize, Oyer and Terminer or Gaol Delivery
for the county, city, or place where such person or persons
shall be aperehended and taken (such county, city, or place be-
' ing within England or Wales) ; and that the clerk or other per-
son having the custody of the records of the Court by which
such person or persons was or were ordered to he trattsported,
shall certify a transcript briefly and in a few words, containing
the tenor and effect of the indictment, conviction, and order of
trareiportajion of such person and persons, which certificate being
produced to the Court ht tore whorn such person or persons shall
stand un their trial, shall be a sufficient proof that such person or
persons bath or have befort. hen convicied and ordered to be
transported.