general (that of Lanarkshire being almost the only, if not the only exception,) was to pronounce sentence, and examine witnesses in presentia. It was part of the constitution of the country, and the law of the land, which ought not to be lightly given up: the examination of witnesses in presentia confronted with the accused was of importance, and some doubts were expressed from the Bench how far it was allowable, except in the most extreme cases, to grant a commission for examining them in criminal causes; but as to passing sentence in absence, writing a sentence in a judge's closet, that was a practice totally inadmissible, they therefore pronounced the following judgement :—

"Edinburgh, June 22. 1812.-The Lord Justice Clerk, and Lords Commissioners of Justiciary, having resumed consideration of this suspension and liberation, answers thereto, and heard Counsel for the suspenders and respondent, Find and declare, that in criminal process, no judgment of conviction, or punishment, can be regularly pronounced, except in presence of the pannel, and that any practice adverse to this rule ought to be corrected: And also taking into consideration, that the suspenders have already undergone a considerable degree of punishment in terms of the judgment complained of, they suspend the sentence complained of simpliciter, and dismiss the pannels from the bar. But in respect that a usage had crept into the Sheriff' Court of Lanarkshire, of giving furth sentences, while pannels were not present, and attending in Court: Find the respondents liable only in the expences incurred in this Court, and appoint an account thereof to be given in."

Counsel for the procurator Fiscal-Francis Jeffrey, Esq.; M. D. M'Tavish, Agent. Counsel for the Journeymen-John Clerk and Henry Cockburn, Esqrs.; Mr Jas. Ogilvie Mack, Agent.

Monday, July 6.

This day Thomas Watts, alias Holmes, alias Thomas Holmes Watts, and Edmund Watts, were put to the bar, charged by his Majesty's advocate with the crime of fraud and wilful imposition, in order to obtain, by false pretences, the goods, wares, or merchandize of others. Mr Kennedy, as junior counsel for the prisoners, stated, in a speech of considerable length and ability, objections to the relevaney of the indictment; and having been answered by Mr Drummond and the Solicitor-General, Mr Moncrieff was heard in reply.The court ordered informations on that subject to be given in betwixt and the 15th instant. After the papers were given in, the prosecutor deserted the diet against them on the 15th, and they were dismissed from the bar.

July 1812.

John Darling, John Michie, and John Lauder, were brought before the court, accused of rioting and mobbing on the night of December 31, 1811, and morning of 1st January 1812. John Darling was, on his petition, (and in consequence of having offered to serve his Majesty, though, on account of a scrophulous affection, he was refused by the inspecting surgeon) sentenced to banish'ment from Scotland for 14 years; John Michie for 7 years; and John Lauder, pleading not guilty, the diet was deserted against him, and he was dismissed from the bar.

COURT OF EXCHEQUER.

About two years ago, a discussion took place before the Barons of Exchequer, regarding the right of collection of the Government Taxes for the New Town or Extended Royalty of the City of Edinburgh; the Magistrates of the city contending, that the right of assessing and collecting all public taxes within the Extended Royalty fell within their jurisdiction, and that of their assessors and collectors; while the Commissioners of Supply, the Assessors, Surveyors, and Collectors for the county, maintained, that this privilege belonged exclusively to them. The question, of course, depended on the interpretation of various statutes, both ancient and modern. It came before the Barons in July 1810, in their capacity of Lords of the Treasury for Scotland, and in the shape of an application for advice from certain inhabitants of the New Town, who complained that they were threatened with double requisitions, and double assessments. At that time, their Lordships, after hearing Counsel for two several days, pronounced an order, directing the petitioners to make their returns and payments to the Collectors, &c. for the county, and prohibiting and discharging the city officers from serving, in time coming, requisitions on the inhabitants of the New Town. Dissatisfied with this order, the Magistrates of Edinburgh, and their collectors, have, since its date, made several attempts to bring it under review.-Latterly, they brought the question before the Barons in their capacity of a Court, and with the intervention of a Jury, in the shape of an information, or complaint, for penalties, against a gentleman residing in St Andrew's Square, on the ground that he had refused to return a schedule of his taxes to the assessors for the city. This information came to be tried before a Jury, during last Whit sunday term of Exchequer, but on the day of trial, the Counsel for the parties interested agreed, that as the question at issue resolved entirely into a point of law, without the existence of a single topic of disputed fact, it would best serve the ends of justice to

concetr

concert a special verdict, finding the admitted facts, and referring the matter of law entirely to the determination of the Court. All parties having assented to this arrangement, the Jury, of consent, found the facts, and the legal merits of the case were directed to be argued on the 26th of June.

Accordingly, on that day, the case was argued before the Barons by the Lord Advocate and Solicitor-General on the part of the city, and by Messrs Gordon and Jeffrey, on behalf of the county, when their Lordships unanimously decided as before, that the sole and exclusive right of collecting the assessed and property-taxes within the Extended Royalty or New Town of Edinburgh, was vested in the Collector for the county, not with the Officers for the city. Their Lordships were clearly of opinion, that the annexation of the Extended Royalty to the City was partial, not total: and that in various particulars, the Extended Royalty continued as much part of the county of Mid-Lothian, as the ground which it covers had been before the New Town existed. The defendants were also found entitled to their costs.

Counsel for the Collectors, &c. of the city, the Lord Advocate, Mr Solicitor General, and James Ferguson, Esq. Agent, Mr John Taylor, Attorney in Exchequer.-Counsel for the Collectors, &c. of the County, James Gordon, Francis Jeffrey, and William R. Robinson, Esqrs. Agents, Messrs Robinson, Ainslie, and Paterson, W. S.; Attorney in Exchequer, Mr William Walker.

COURT OF POLICE.

Monday the 6th of July, the court of police, instituted here in 1805, was closed by an address from Mr TAIT, the late judge, in the following terms :

"I am now to close this court, after having officiated in it for nearly seven years of unabating solicitude, during which, above twelve thousand cases have been determined, as appears from the volumes on the table, containing abstracts of the judicial procedure. I was placed here in consequence of an act of parliament, of an experimental nature. The experiment has been made, several defects have been discovered, and these have been obviated by a new act, which makes great additions to the means of preventing offences, and of detecting of fenders, from which the most beneficial effects may be expected. But here I must be permitted to repeat a remark made by the highest authority in this place, and which cannot be too strongly enforced, that "no institution of police can be effectual without the cordial support of the community." And, I may also notice, that there are

many attentions necessary on the part of those who have the charge of young persons, with respect to religious as well as moral duties, for want of which the greatest exertions of the best regulated police will not compensate. Leaving the administration of the police of this place in much better hands, to whom I most sincerely wish all possible success, I return, with much satisfaction, to the exercise of a profession, the cares of which, though great, are pleasures, compa red to the anxiety which I have, for some years, experienced. I cannot, however, leave this place, without expressing my acknowledgment to the clerk, the inspectors, and other officers of police, for the assistance they have rendered. They have had troublesome duties to perform; and I trust, that when the difficulties inseparable from a new institution, the smallness of the number of men employed, the want of a fund to procure information, and other untoward circumstances, are considered, great allowances will be made for us all."

By an order from the War-Office, the reward for apprehending deserters from the land forces, has been increased from 20s, to £.3, to take place from the 8th of July.

Extract of a letter, dated Resolis, 4th June 1812" On Tuesday last, the 2d current, Captain Charles Munro, late of the 42d regiment, and Robert Ferguson, ship carpenter, both residing at Inverbreaky ferry, parish of Resolis, having met at a neighbouring work shop, a trifling dispute arose between them. After a little altercation, Ferguson pulled a large knife out of his pocket, and plunged it into Captain Munro's side. Dr M'Donald, at Cromarty, who was immediately called, dressed the wound with the greatest skill and tenderness, and afforded every possible assistance, but all to no purpose, the wound was mortal, and next evening, about twenty-eight hours after receiving the cruel stab, the Captain died! Upon perpetrating the atrocious deed, the base assassin attempted to elude the violated laws of his country, by absconding. In consequence, however, of the exertions of Captain Mackenzie of Newhall, whose activity on this occasion merits the highest praise, the miscreant was taken on the same evening, and lodged early next morning in the jail of Tain. Captain Munro has left an indigent widow, and a numerous helpless family, to deplore his premature and cruel death.

At the third annual meeting of the Edinburgh Bible Society, on the 22d of May, the following noblemen and gentlemen were chosen office-bearers for the current year :The Right Hon. Lord CATHCART, President.

On the 24th of June, the University of Edinburgh conferred the degree of Doctor in Medicine on the following Gentlemen, after the usual public and private trials :

Of Scotland, Alexander Hannay, James Watson, George Barclay, Robert Sanders, Nigell Maxwell, James Weir, John William Watson, Richard Kellett, William Robertson, William Bell, John Robertson, David Scott, John Smith.

Of England, Henry Stephens Belcombe, Andrew Boutflower, John Dick, Marshall Hall, Francis Whaley, Jonathan Mercer M'Culloch, John Churton, Richard Williams, George Wallis, James Barry, Joseph Collier Cookworthy.

Of Ireland, Thomas Putnam M'Cabe, Thomas Charlton Speer, Victor Lud. Herview, William John Bell, Samuel Forbes Crawford, Henry Clements, John Foley, William Champion, Samuel Lindsay, James F. Carrol, Henry Irwin, William Ryan.

Of Wales, James Cove Jones, Francis James Hughes,

Of Bermudas, Agustus Edward Dalzell Of East Indies, William Bruce, James Mouat.

Of Madeira, Nicolas C. Pitta

Of St Croix, Jas. Carden, And. Kenney.
Of Jamaica, Colin Campbell.

On the 27th June, the silver club, given by the city of Edinburgh to the Company of Golfers, was played for on Leith Links, and gained by Burnet Bruce, Esq. advocate.

At a meeting of the Faculty of Advocates, held on July the 1st, John Dunlop, Esq.. advocate, was unanimously elected one of the Collectors of Decisions for the Second Division of the Court of Session, in the room of Andrew Murray, Esq. advocate, resigned.

The Annual Prize given by his Majesty to the Royal Company of Archers, was shot for on the 4th of July at Burntsfield Links, and gained by Donald Horne, Esq.

The Right Hon. the Earl of Morton has appointed Mr Alexander Simpson, preacher of the gospel, to the church and parish of Kirknewton, vacant by the death of Mr Caineron.

We

We understand, the Lords Commissioners of his Majesty's Treasury have appointed Mr John Sands, formerly second assistant architect, to be sole assistant architect in the Barrack Department, North Britain; Robert Reid, Esq. first assistant architect, having resigned.

APPOINTMENTS. [From the London Gazette.] June 1.-Major-General Pinson Bonham to be Governor and Commander in Chief of Surinam.

- Colonel George Robert Ainslie to be Governor and Commander in Chief of Dominica.

5. Rev. James Stanier Clarke, F. R. S. to be Historiographer to his Majesty, in room of the late Rev. L. Duttons.

9. This day Robert Banks Earl of Liverpool, the Right Hon. Nicholas Vansittart, Snowdon Barne, Esq. and the Hon. Berkeley Paget, were appointed Commissioners for executing the office of Treasurer of his Majesty's Exchequer.

This day, the Right Hon. Nicholas Vansittart was appointed Chancellor and Under Treasurer of his Majesty's Exchequer.

11. This day, Henry Earl Bathurst, and Henry Viscount Sidmouth were sworn in to be two of his Majesty's Principal Secretaries of State.

This day, Dudley Earl of Harrowby was declared President of his Majesty's Most Honourable Privy Council.

This day, Sir Thomas Tyrwhit, Knt. was appointed one of his Majesty's Gentlemen Ushers Daily Waiters.

12. Francis Earl of Moira was elected a Knight of the Garter; and Sir Thomas Tyrwhit, Knt. appointed Gentleman Usher of the Black Rod, and Ranger of his Majesty's Little Park at Windsor.

This day the Hon, Lieut General Sir Edward Paget was elected a Knight of the Bath.

18. Henry Duke of Newcastle elected a Knight of the Garter.

20. The Rev. Dr George Henry Law, appointed Bishop of Chester, in room of Dr Sparke, translated to Ely.

22 This day, the Right Hon. Charles Bathurst was appointed Chancellor of the Duchy of Lancaster.

This day, the Rev. Neil Kennedy was appointed Minister of Barwas, in the presbytery of Lewis, in room of the Rev. Donald Macdonald, translated to Ursay.

July 1. The Prince of Wales has been pleased to appoint Joseph Jekyll, Esq. of the Inner Temple, one of his Majesty's Counsel learned in the Law, to be his Royal High

ness's Attorney-General; and Samuel Shepherd, his Majesty's eldest Serjeant at Law, to be his Royal Highness's Solicitor-General.

AUTUMN CIRCUITS. NORTH-The LORD JUSTICE CLERK and LORD HERMAND.

Inverness,. .Tuesday, 15th September. Aberdeen,.........Monday, 21st September. Perth,.............. Saturday, 26th September. WEST-LORD ARMADALE and LORD GILLIES.

Inverary,.........Saturday, 26th September. Stirling,........... Friday, 2d October. Glasgow,.........Tuesday, 6th October. SOUTH-LORD MEADOWBANK and LORD WOODHOUSELEE,

Ayr,...............Saturday, 26th September. Dumfries,.........Thursday, 1st October. Jedburgh,...... Tuesday, 6th October.

Lately, the wife of Mr. Howson, of Unthank, near Penrith, was safely delivered of three children (two girls and a boy,) who are likely to do well.

Lately, at Lisbon, the Lady of Major Lawrie, 79th regiment, a son.

MARRIAGES.

March 8. At St Simons, Georgia, Lieutenant-Colonel Wardrope, late of the 47th regiment, to Miss Harriet Baillie, daughter of George Baillie, Esq. deceased.

May 28. At Chelsea, the Honourable Thomas Cranley Onslow, second son of the Right Honourable Lord Viscount Cranley, to Miss Hillier, second and younger daughter and co-heiress of the late Nathaniel Hillier, of Stoke Park, Esq.

29. At Hatfield House, in Hertfordshire, Lord Delvin, eldest son of the Earl of Westmeath, to Lady Emily Cecil, the second daughter of the Marquis and Marchioness of Salisbury.

June 1. William Davidson, Esq. Ayr Green, to Anne, eldest daughter of T. Maclelland, Esq. banker.

At Hayfield, Mr John Knox, writer in Glasgow, to Grace, youngest daughter of Patrick Ewing, Esq. merchant, Glasgow.

At Leiphenmore, Charles Stewart, D. D. minister of Strachur, to Miss Jane Macfarlane.

2. At Edinburgh, Mr John Sutherland, hookseller, to Christian, eldest daughter of Mr Alexander Tweedie, merchant, Edinburgh.

At Edinburgh, David Steuart Galbreath, Esq. of Lochsanish, to Miss Eliza Fraser, only daughter of the late James Fraser, Esq. master attendant of his Majesty's dock-yard at Plymouth.

In Queen Street, George Forrester, Esq. principal Surveyor of the Customs at Leith, to Miss Jane Thomson, daughter of the deceased A. Thomson, Esq. Deputy Cashier of Excise.

3. At London, the Honourable Henry St John, eldest son of Viscount Bolingbroke, to Miss Mildmay, second daughter of the Jate Sir Henry St John Mildmay.

4. In George's Square, John Lyall, Esq. wine-merchant, Edinburgh, to Mary Ann, daughter of the late David Brown, Esq. Melrose.

At Leith, Mr George Elder, merchant, Kirkcaldy, to Miss Johanna Lang, only daughter of the late Mr Alexander Lang, Royal Navy.

5. At Aberdeen, Captain William Rait, Royal Navy, to Miss Helen, eldest daughter of the Reverend John Thomson, of that place.

8. At Edinburgh, Archibald Buchanan, Esq. merchant, Glasgow, to Mrs Isabella Anderson, youngest daughter of the late Mr Mungo Park, Fowlshiels, Selkirkshire,

-At Edinburgh, John Mackenzie, younger of Hillton, Esq. to Elizabeth, eldest daughter of Kenneth Mackenzie, Esq. writer to the signet.

Tennent, Esq. Well Park.

15. At Edinburgh, Lieutenant-Colonel Charles M'Quarie, of Glenforsa, late of the 42d regiment, to Miss Marianne Willison, youngest daughter of the late George Willison, Esq. of Edinburgh.

At Crieff, by the Rev. Mr Stirling, Mr James Millar, merchant, Crieff, to Miss MKenzie, daughter of the late Laurence M'Kenzie, Esq. Collector of Excise, Campbelton. At Monivaird, Charles Greenhill, Esq. Easter Cash, to Christian Anne, second daughter of the Reverend C. Baxter.

16. At Burnham, the Rev. Townshend Selwyn, to Charlotte Sophia, eldest daughter of the Right Hon. and Right Rev. Lord G. Murray, late Bishop of St David's.

At Edinburgh, Dugald Campbell, Esq. of Kilmartine, to Miss Helen Lamont Campbell, daughter of the late Captain Scipio Campbell.

18. At Ardgour, Argyllshire, Captain Robert Stewart, royal marines, to Margaret, eldest daughter of John Maclachlan, Esq. of Arihaulan.