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the river Tay, and not to such as can be said to be sea fishings: but with regard to

TEIND COURT.

Grain cultivated.

the precise line where the river ends, and Augmentation in Barley where Bear is the the sea begins, the Court were considerably divided in opinion; although it was ultimately settled that this matter must depend upon the title-deeds of the parties, -it being incumbent on such heritors as allege their fishings to be in the sea, to establish the fact by proper evidence.

Cessio Bonorum.

Schiniman v. His Creditors. This is a case of great general importance to the inhabitants of Scotland.

The question was, "Whether an individual, convicted of gross and culpable extravagance, one who, for a number of years, lived in a manner totally unsuitable to his rank and station in life, and without the slightest prospect of being able to discharge the debts he was contracting, is entitled to the benefit of the cessio?"

The Creditors opposed the cessio, on the ground that a man, who has, by a vein of extravagance, without having met with any losses, or been reduced to indigence by innocent misfortunes, is not entitled to the benefit of it. On the other hand, the Petitioner contended, that mere extravagance of living, with his family, in the degree alluded to by his creditors, and especially in similar circumstances to those in which he was placed, never had been in any one instance considered as a bar to the granting of a cessio; and that, if he should now be refused the benefit of that process, it would have the effect of introducing a rule into the process of cessio widely different from what has been acted upon in all former practices of the Court of Session.

The Court (22d June 1811) "refused to the pursuer the benefit of the process of cessio bonorum, in hoc statu."

The pursuer gave in a petition to the Court against this judgment; and,

The Court (16th November 1811)" adhered to their former judgment."

Some of the Judges expressed an opinion that it appeared to be a new kind of morality to say, that a man is justifiable for running into every sort of extravagance, provided he make his wife and children sharers in that extravagance.

In a process of augmentation of the stipend of Kincardine O'Neil, in Aberdeenshire, a question arose, which interests landholders and clergy in various districts. The Court awarded a victual stipend, partly in barley, convertible always at the fiar prices under a late act of Parliament. The heritors put in a reclaiming petition, complaining of this modification, upon the footing that, in Aberdeenshire, barley is not usually cultivated, and that in this particular parish none is ever raised. In the answers for the minister, it was contended that, however material that fact might have been prior to the late statute, converting all future victual stipends into money, yet that now it was of no moment, as the grain could not be exacted in kind, and that the term "barley' was merely used as descriptive of the highest rate of conversion, as the same might be obtained from the fiars of the next adjacent county where barley fiars were struck. And it was further contended, that the Court, in awarding a barley augmentation, had given a less quantity of augmentation victual than they would have done, had they awarded grain of inferior quality.

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The Court, on the 4th February, unanimously refused the heritors' petition, upon this special ground, that the augmentation had been at first allowed to go out, without any objection to the modification of barley, and that it was not fair to the minister, when he was now foreclosed from asking a greater quantum, to attempt to reduce the value of his stipend by a complaint, at so late a period, against the quality. But their Lordships refused to lay down any general rule on the subject, apparently inclining to think that it is proper to regulate augmentations by the descriptions of grain which are usually produced in the several parishes to which the stipends apply, and that it is the business of heritors to lay the requisite information before the Court at the time the interlocutor of modi. fication is pronounced.

Counsel for the Heritors-H. Lumsden, Esq.; agent, Masterton Ure, W. S.

Counsel for the Minister-James Gordon, Esq.; agent, Mr Alexander Young

son.

APPOINT

APPOINTMENTS.

From the London Gazette. Whitehall, Feb. 22. The Prince Regent

has created General Lord Viscount Wel

lington an Earl of the United Kingdom, by the title of Earl of Wellington.

-Lieutenant-General Thomas Graham, Lieutenant-General Rowland Hill, and Ma

jor-General Sir Samuel Auchmuty, Knight, created Knights of the Bath.

21. Major-General Charles Wale, to be Governor and Commander-in-chief of Martinique.

-Major-General the Honourable Robert Meade, to be Lieutenant-Governor of the Cape of Good Hope.

- Lieutenant-Colonel Charles Napier, to be Lieutenant-Governor of the Virgin Islands.

- Lieutenant-Colonel Thomas Davey, to be Lieutenant-Governor of Van Diemen's Land, New South Wales.

March 4. Robert Viscount Castlereagh, appointed one of the principal Secretaries

of State.

7. The Marquis of Hertford, appointed Lord Chamberlain of his Majesty's household.

Earl Cholmondeley, appointed Lord Steward of the household.

-The Marquis of Winchester, appointed Groom of the Stole to his Majesty. -Lord Gillies appointed one of the Lords of Justiciary, in room of Lord Craig, resigned.

John Simeon, Esq. one of the Masters of Chancery; Count Munster, and Colonel Robert Taylor, to be Commissioners for the protection, &c. of his Majesty's property.

- Colonel Jasper Grant, of the 41st foot, to be Lieutenant-Governor of Carlisle, vice Major-General Este, deceased.

-The Right Honourable Henry Wellesley to be one of the Knights Companions of the Bath.

10. The Earl of Yarmouth, to be Vicechamberlain of the Household.

To be Lords of his Majesty's Bed-
chamber,-

The Most Noble the Marquis of Headford, the Right Honourable Lord Viscount Melbourne, the Right Honourable Lord Heathfield, the Right Honourable Lord James Murray, the Right Honourable Lord Viscount Petersham.

First Groom and Master of the Robes, Thomas Nassau, Esq.

Grooms of the Bedchamber,-General Charles Leigh, General E. Stephens, General T. Sloughter Stanwix, Honourable Henry Stanhope, Lieutenant-General Sir J. Craddock, Lieutenant-General William Keppel, Colonel Wilson Bradyll.

Clerk Marshal and Chief Equerry,--Colonel Benjamin Bloomfield.

Equerries,-Major-General Hammond, Lieutenant-Colonel Wm. Congreve, MajorGeneral Bayley of the Coldstream guards, Honourable Frederick Howard of the 10th

light dragoons, Colonel Vivian of the 7th dragoons.

March 14.To be Pages of Honour to his Majesty, Frederick William Turner, Esq. Charles George James Arbuthnot, Esq. Frederick William Culling Smith, Esq. and John Arthur Douglas Bloomfield, Esq.

March 13.-The Right Honourable General Charles Earl of Harrington, to be Governor, Captain, and Constable of Windsor Castle, in room of James Earl of Cardigan, deceased.

Carleton House, March 17.

His Royal Highness the Prince Regent has appointed John Macmahon, Esq. to be Keeper of the Privy Purse, and Private Secretary to his Royal Highness.

Whitehall, March 17.

His Royal Highness the Prince Regent has been pleased to order a writ to be issued, for summoning the Right Honour able Hugh Percy (commonly called Earl Percy) up to the House of Peers, by the stile and title of Baron Percy.

War-Office, Feb. 25, 1812.

Brevet.

Colonel Sir Thomas Saumarez to be Major-General in the army.

The under-mentioned officers, (aides-du camp to his Royal Highness the Prince Regent) to be Colonels in the Army. Lieutenant-Colonel Frederick Adam, of the 21st foot.

Lieutenant-Colonel R. H. Vivian, of the 7th light dragoons.

Lieutenant-Colonel Henry Torrens, of the 3d foot guards.

Lieutenant-Colonel Benjamin Bloomfield, of the Royal artillery.

The Prince Regent has appointed the Duke of Buccleuch and Queensberry to be Lord Lieutenant of Mid-Lothian, in room of the late Duke :-and his Grace has appointed Andrew Wauchope, Esq. of Niddrie, to be Vice Lieutenant, and John Wauchope of Edmonston, and William

Rae

Rae of St. Catharine's, Esqrs. to be Deputy Lieutenants.

On the 12th of February, the Town Council of Edinburgh elected James Simpson and John Wood, Esqrs. Advocates, to be two of the City Assessors, in room of George Douglas and John Patison, Esqrs.

Mr Robert Mitchell is elected Deacon of the Fleshers, Edinburgh, in room of Mr Andrew Wilson, whose election was set aside by a decision of the Court of Session.

The Magistrates of Glasgow have elected the Rev. Mr. William Muir to be minister of St. George's Church there, in room of Dr William Porteous, deceased.

On the 19th March, came on, at Perth,

the election of a member of Parliament for Perthshire, in room of Lord James Mur. ray, resigned. The candidates were James Drummond, Esq. of Strathallan, and Lieu. tenant-General Sir Thomas Graham, K.B.

The former was chosen by a majority of

18.

ap

The Directors of the East India Company have appointed Sir Evan Nepean, Bart. to be Governor of Bombay, in room of the late Jonathan Duncan, Esq.-Lieutenant General the Hon. John Abercromby pointed Commander-in-Chief, and second in Council at Madras, in room of Sir Samuel Anchmuty, resigned. Major-General Thomas Hislop succeeds LieutenantGeneral Abercromby as Commander-inChief at Bombay.

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Public Dispensary, Edinburgh.

His Grace the Duke of MONTROSE, President.

Vice Presidents.---The Right Honourable the Earl of Lauderdale, the Honourable Henry Erskine, Adam Rolland, Esq. the Right Honourable the Earl of Moira, the Right Honourable William Dundas, the Right Honourable Sir John Sinclair, Bart.

Managers.---Reverend Dr Simpson, Alexander Campbell, Esq. James Neilson, Esq. William Mowbray, Esq. Lord Bannatyne, Alexander Laing, Esq. William Trotter, Esq. William Calder, Esq. Bailie Waugh, John Peat, Esq. James Kettle, Esq. David Ramsay, Esq. Hugh Warrender, Esq. Captain N. Lowis, Dr Monro, senior, Dr J. Barclay, Andrew Wood, Esq. Dr James Anderson, Dr Rutherford. One vacant.

Committee for Promoting Vaccine Inoculation.---Lord Craig, Dr Nathaniel Spens, the Reverend Dr Ritchie, Dr Andrew Inglis, John Wauchope, Esq.

Physicians Attending in Rotation,---Dr Andrew Duncan, senior, Dr Charles Stuart, Dr James Home, Dr John Yule, Dr James Buchan, Dr Andrew Duncan, junior, Dr. A. Monro, junior, Dr A. Wylie, Dr J. H. Davidson.

Surgeons Attending in Rotation.---Mess. William Farquharson, John Walker, George Kellie, John Abercromby, John Wishart, Robert Allan, James Keith, David Hay.

Surgeons for Vaccine Inoculation.---Dr Farquharson, Mr Alexander Gillespie, Mr James Bryce, Mr John Abercromby.

William Inglis, Esq. W. S, Secretary.
George Kinnear, Esq. banker, Treasurer.
Mr William Moffat, Apothecary.

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ter.

19. Mrs Speid, St John-street, a daugh

At Cockpen spinning-mill, the wife of Walter Baillie, flaxdresser, a son and two daughters, who are all doing well.

20. The lady of Captain Thomas Folliott Baugh, royal navy, a daughter. 21. Mrs Maxwell, Queen-street, Glas

gow, a son.

At Bennington-park, the lady of Charles Montgoniery Campbell, Esq. a

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22. At Edinburgh, Mrs Fergusson of Baiyoukan, a daughter.

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May 25, 1811. Evelyn Philip Medows, Esq. of Conholt, Hants, to Miss Harriet Norrie of London.

Feb. 3, 1812. At Edinburgh, Mr James Rennie, minister of the Gospel, to Miss Elizabeth Loutit, daughter of Mr George Loutit, teacher, Edinburgh. ❤

4. At Scanlisdale, Isle of Islay, Charles Macalister Shannon, Esq. Captain, Argyllshire militia, to Miss Elizabeth Campbell, daughter of the late Captain John Campbell, Islay.

--At St Andrews, Mr William Mudie, bookseller, Arbroath, to Elizabeth, eldest

At London, the lady of William Gor- daughter of Mr Cowan, St Andrews.

don, Esq. M. P. a son.

8. Lord Berwick, to Miss Sophia Du

25. At London, the Countess of Loudon bochet.

and Moira, a daughter.

10. At Holm, the Reverend Henry Cur

At Bolton, the Honourable Mrs ror, minister of Carsphairn, to Mrs Moffat, Stewart, a son.

-At Exeter, the lady of Major Mac gregor, 88th regiment, a daughter.

28. Mrs William Mackenzie, Northumberland-street-west, a son.

widow of the late Mr Moffat of Muirbrock.

At Saltcoats, John Watson, Esq. of Burnhouse, to Miss Isabella Buchanan, youngest daughter of Mr John Buchanan,

29. At Grangehall, Mrs Macleod of Dal- vintner, Troon.

vey, a son.

-At Mauldslie-castle, Thomas Gordon,

March 1. At Kilmaurs Manse, Mrs Rox- Esq. of Harperfield, to Miss Nisbet. burgh, a son.

2. At Kilmaurs, the wife of John Dinning, miller, three sons, who, along with the mother, are all doing well.

- At London, the Right Honourable Lady Frances Wedderburn Webster, a daughter.

At London, the lady of the Right Honourable Earl Grey, of her seventh son and twelfth child.

-At London, the lady of Archibald Campbell, Esq. a daughter.

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The Earl of Ilchester, to Caroline, second daughter of the late Right Honour able Lord George Murray.

11. At Salisbury-place, Mr James Inverarity, merchant, Leith, to Miss Helen Maclagan, daughter of the late John Maclagan, Esq. of Castlehill, Carse of Gowrie.

13. At London, R. G. Macdonald of Clanronald, Esq. to Lady C. Edgecumbe, second daughter of Earl Mount Edgecumbe.

17. At Edinburgh, John Macredie, Esq. eldest son of William Macredie of Perceston, Esq. Ayrshire, to Mary Rachell Mor

rieson,

rieson, eldest daughter of the late Major David Morrieson of the Honourable East India Company's service.

18. At Paisley, Mr Duncan Kennedy, merchant in Glasgow, to Miss Anne, eldest daughter of the late Hew Snodgrass, Esq. writer there.

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At London, Sir Alexander Mackenzie, of Aroch, Ross-shire, to Miss Geddes Mackenzie, eldest daughter of the late George Mackenzie, Esq. of the same place.

At Hull, Mr Thomson Bisset, mer. chant in Leith, to Miss Young, daughter to Dr Young, of that place.

20. At Leith, Mr James Tullis, merchant, St Andrews, to Miss Helen Thoms, eldest daughter of the late Mr David Thoms, merchant there.

24. At Hingefield, Mr John Robertson, timber merchant, Port Dundas, to Agnes, youngest daughter of Mr Robert Purdon, Hingefield.

At Edinburgh, Mr Robert Gillies, agent of the British White Herring Fishery, to Isabella, eldest daughter of Mr Robert Nicholson, Portobello.

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At Peterhead, Mr John Panton, Knockymill, to Miss Agnes Murray, daughter of Patrick Murray, Esq. of Ardiffrie.

25. At Putney, Edward Whitmore, Esq. banker, of Lombard-street, London, to Frances, eldest daughter of John Pooley Kensington, Esq. of Limegrove.

26. At Ardersier, Niel Currie, Esq. surgeon, 78th regiment, to Caroline, daughter of James Macpherson, Esq. of Ardersier.

27. At Aberdeen, Mr David Chalmers, printer in Aberdeen, to Miss Ann Campbell, eldest daughter of Gray Campbell, Esq. collector of Excise.

March 2. At Dumfries, Mr Edward Dawson, writer there, to Miss Edgar Neil son, eldest daughter of Robert Neilson, Esq. of Captaintown, merchant in Dum

fries.

3. At Inverness, William Macbean, Esq. merchant in London, to Miss Janet, third daughter of Alexander Fraser, Esq. merchant there.

Lately, John Macalister, Esq. in the Company's civil service at Penang, and collector at Malacca, to Miss Mary Macharg.

DEATHS.

May 7. 1811. At Purneah, in Bengal, Thomas Chisholme Scott, Register of Purneah, eldest son of the Rev. Robert Scott of Coldhouse.

July 7. On board the ship Ann, on his way to Batavia, Mr Robert Dickson, surgeon, third son of Archibald Dickson of Housebyers, Esq.

Aug. 31. At Benares, the lady of William Loch, Esq. of the East India Company's civil service.

Dec. 2. On board the Caermarthen Indiaman, on his passage from Bombay, Captain Alexander Glas, of the 5th regiment, native infantry, Bombay army, son to Provost Glas of Stirling.

11. At Jamaica, Assistant Staff Surgeon, James Robertson, M. D. Fellow of the Royal College of Physicians of Edinburgh, and formerly Surgeon of the Naval Hospital at Barbadoes.

19. At Messina, Lieutenant-Colonel Ainslie, Deputy Adjutant General in Sicily, second son of the late Sir Philip Ainslie.

26. In Portugal, Mr George Anderson, Ensign in the 26th regiment of foot, and son of the late Mr John Anderson, merchant in Leith.

Jan. 11. 1812. At Fort Augustus, Colonel George Brodie, late Lieutenant-Governor of that fort.

17. At Kilileegh, Ireland, aged 31, Mr James Bellmour, a native of Glasgow, and for several years manager of a company of Comedians in the west of Scotland, and north of Ireland.

20. At Kilkenny, in the 74th year of his age, the Right Rev. Dr James Lanigan, Titular Bishop of Ossory, who governed that diocese for upwards of twenty years.

21. At Harries, Kenneth Campbell, Esq. of Stroud, a gentleman of the most amiable disposition, and agreeable manners, of uniform probity through life, and exemplary purity of morals; a sincere Christian, void of offence towards God and

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21. At Leith, aged 21, Mr Peter Scott, eldest son of Mr William Scott, brewer, Leith.

Feb. 1. At Leith, George Johnston, of Overtown, eldest son of the late Robert Johnston, farmer at Nisbetfield, Fifeshire.

2. At Aberdeen, Jonathan Craigie, Esq. of Linton.

3. At Ayr, Mr John Mitchell, late of ficer of Excise, aged 80 years.

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