Star.
London, England, 1802-02-26 00:00:00

PARLI4tMENTARr PROCEEDINGS.

!lOU* OF LORDS, THURSDAY, FEB. 25.

A Petition was prefented on the part of George Hoar, the
Yotiovr, Efg. for leave to be heard by Counfel relati►e to ids
Patin= for a HW for Ida divorce, &e.—wideh was ordered to
lie on the Table.

Private Bab wore broesht up from the Commis by Meffra.
Ihaberu. Musks, and Calcraft—which were read a aril
thee, sad tbok is the Table refpettively forwarded.

:Totter v. stictut.
The Loan CHANCELLOI left the Wootrack, and
in order to prepare their Lordships for the judg-
ment he meant to move, as mnft advifable to be
pronounced in the Appeal Caufe of Stuart V. Mil.
ler, from certain interlocutors of the Court of Sef-
fion, touching the fees of the Deputy Clerk of the
Bills, entered very much at large into the merits
of the cafe, analvfing it with particular accuracy
and minute precifion of detail through all its gra.
dations, from its origin (its firlt introduttion into
the Court below) to the Att of Sederunt that took
place refpelling it previous to the interlocutors be-
ing pronounced, and its ultimately affurned fhape
and form as an appeal to their Lordships. Hav-
ing traced its progrefs regularly to that point
which remained for the decifion of the Honk, he
Rated the quellion of law peculiar to the law of
Scotland, as to the legality of felling the offices of
Clerk of the Bills and Deputy Clerk of the Bills,
the latter of which had been uniformly fold, and
the former not unfrequently ; which flood invol-
ved in the very principle and ground of the whole
oink ; and having referred to the precedents of
Sir George Mackenzie, certainly a great and re-
fpeßable name, and of Mr. Sinclair, who pm-chat-
ed of Mr. Campbell, the prefent Lord: Prefident's
father, to be found in the Reports of the Court
of Salons' proceedings, he ezprefred his con-
cern that a queftion of Scotch law purely, and
which bore no analogy to the law of England,
thould not have been decided by the Court below,
which was certainly me* competent to decide up
on it. From the arguments of the Gentlemen at
their Lordfhips' Bar, it appeared to him to be of
infinite importance that in the judgment, room
fhoold not be left for any fueh turn of- argument
to be heard again from that Bar. The cafes of
Sir George Mackenzie and Mr. Sinclair, together
with others, had been Rated, but the main quef-
tion which appeared to have been waved by the
Court of Seffion in one of their interlocutors had
been avoided by the Counfel on the part of
the Appellant, and the jet of their argument had
gone to difpute the Meaning of the Court of Sef-
lion, and to contend that the Court did not mean
what they themfelves declared they did mean.—
His Lordfhip obferved, that in the bearing and
deciding upon every appeal brought from the
Court of Seffion in Scotland, it undoubtedly be-
came their Lordships to treat the Court of Seffion
and their decifions with every degree of refped,
and to confider that Court as not having decreed
an interlocutor in any cat
ellivihtly or mconfider-
ately. They would not ore, he prefumed,
affume to themfelvesnniteceffarily and unfitly the
eight to pronounce upon the point of-Scotch law to
which he had referred that would, in his humble
opinion, be an unbecoming and uncalled for ap-
plication of their powers as a Court If Appeal ;
and furely, if that were fo, it would be a proceed-
ing fosnevrhat too flrong for their Lordihips to
take upon them to tell the Court of Seffion what
they meant, when that Court had themfelves, in
three alts of federunt, declared what they did
mean. Having given the cafe bis unnoft confider-
anion, his Lorclfhip kid, he found it involved in
great difficulties, but it had nevertbelefs at one
time occurred that it would have been a wholefome
meafure, if that Houfe were •to refer the whole
back to the Court of Seffion for their further con-
fideration and more definite decifion, but he found
that they had endeavoured to apply a prefent and
temporary remedy to a prefent but preffing incon-
venience, and that the nature of the cafe was fuck
as would not admit of the lots of time and delay,
that a reference of the caufe to the Court of Sef-
fion would unavoidably occasion. Under all the
eircumftances, dterefore (many of which his Lord-
fitip defcribed at tome length) the Lord Chancel-
lor Paid, he would recommend it to the Houfe to
decide that the interlocutors be affirmed, refer,.
ing the right to decide upon the point of law to
the Court of Seffion entirely, and without preju-
dice to the parties interefted." Having thus dif-
pored of the judgment, his Lnrdfhip raid, the
only matter that remained to be determined upon,
WAS the queftion of colts; when an appeal ended
in affirming the interlocutors complained of, the
praßice ufually was to order that the appellants pay
the cons, meaning tool. In the prefent cafe, the
refpondents had fubmitted to the interlocutors of
the Court of Winn, but -from certain peculiar
features in the cafe, he thought that not the full
colts, but that compenfative coils would be (offi-
ciate to order the appellant to pay the refpondent ;
he should thereforepropore that the appellant ply
the refpondent tool. which be conceived to be
about the half of the coils. His Lordfhip pre-
mired what he Paid about the coils, with obferving
that, though that part of the bufinefs of appeals
had been fometimes ffightly treated._ it was very
often a matter deferving of great attention.
His Lordiltip was upon his legs (peaking to the
yttrium( this appeal a fall hour and a half, and
argued throughout that the Court of Seffion ap-
peared in all their proceedings to have held their
duty ftriftly in view, contending that the rights of
the Deputy Clerk of the Bills to certain mitigated
fees were to be foftained only, inafinuelf as the
furtherance of the public interefts depended upon
them. [We have endeavoured to trace the mere
outline of his Lordffiip's argument, and we are
aware that we have been able to do it feebly, but
we hope we have not done it unintelligibly.]
An Appeal Glee and Hoare's Divorce Bell
dlands for tomorrow —Adjourned.

HOME Of 4201tMONS.
ths dts *swim of Mr. Dump" Ms retherifog tbe
purer of the grub_ of Ilemookos orated to be
Omit.
The Hook In a Committee wire through the Espiritu'
Laws NIL sod the Report was aniseed to be received to-
morrow.