Scottish Chronicle. COURT OF SESSION. FIRST DIVISION. Society of Solicitors before the Supreme Courts of Scotland, v. Moffat and others.-June 23. 1812. THE question here was, Whether the de fenders, who are solicitors before the inferior courts, had any right or title, in character of advocates' first clerks, to act as agents or solicitors in the Court of Session, Tiend Court, or High Court of Justiciary? In February 1797, the pursuers obtained a charter from the Crown, erecting them into a body corporate, and declaring, that no person or persons, but such as should be members of their society, should be entitled to agent, procure, or solicit, or in any mode, directly or indirectly, to begin, carry on, or defend any action or actions, before the Court of Session, Court of Teinds, or High Court of Justiciary; but always with and under the exceptions and limitations contained in the acts of sederunt, or any regulations made, or to be made by the Court. This charter, at the same time, contained a reservation of the rights of writers to the signet, of agents admitted in terms of the acts of sederunt, and of the privileges of such advocates' first clerks who had obtained their nominations prior to the date of the charter. In virtue of this charter, the society proceeded to challenge certain encroachments made on their privileges by the writers to the signet; and, after a long and expensive litigation, in which the question went twice to the House of Lords, the solicitors prevailed. They next brought actions of declarator against the defender, Mr Moffat, and three others, advocates' first clerks, to have it found and declared, that it is incompetent for them, or any other person or persons, carrying on business as procurators, agents, or solicitors, in commissary, sheriff, borough, or other inferior courts, to conduct, or carry on actions in the Court of Session, unless they shall first renounce, and give up their practice and business in the said inferior courts, and be thereafter examined, and found qualified, in terms of the act of sederunt respecting the admission and qualification of agents and solicitors in the Court of Session, by the pursuers, or the examinators appointed by them. The general defence pleaded to these ac- tions, (for there were specialities in each case) was, that according to the most ancient usage, the advocates' first clerks were the only regular practitioners before the Supreme Court; and from the moment of their appointment, become members of the College of Justice; and as such, entitled to various privileges and immunities, to which the pursuers, neither in their corporate nor individual capacity, have the slightest pretension.— Their rights are expressly confirmed by the acts 1754, 1772, and 1787. By the articles of Union, it is declared, that the rights and privileges of the Court of Session, and College of Justice, shall remain fixed and unalterable, otherwise than by act of Parliament. The charter of his Majesty to the pursuers cannot have this effect. It is in fact a mere concession of certain privileges, in favour of persons of a particular description, and can never be understood to infringe on the rights of the Faculty of Advocates, whence the defenders titles flow, or of the College of Justice, of which, in virtue of their appointments, they form constituent members. There is, however, no impropriety in practising before more Courts than the Court of Session, Justiciary, and Teinds. There are seven of these pursuers themselves at this moment procurators before the High Court of Admiralty; and it is absurd to allege that there is either incompetency or incompatiblity in advocates' first clerks also acting before the sheriff or commissary courts. The Court of Session found, in June 1781, that an Advocate may be a notary public; and in May 1798, in a question hetwixt Mr A. Youngson, writer to the signet, and the society of which he was a member, the Court found that it was not incompatible for him also to practice as a procurator in the Court of Admiralty. The parties stated their arguments in long informations, and upon advising the cause, it was expressed from the bench, and acquiesced in by all their Lordships, that no charter from the Crown could interfere with the rights and privileges of the Court of Session, nor with the advocates' first clerks, whose rights were guarded by previous acts of sederunt. And even had the pursuers' charter contained the most broad and general clauses, nay, every thing their hearts could have wished, yet the Court could not have paid the least attention to it, as it encroached upon the rights of third parties. No No charter from the Crown could encroach upon the rights and liberties of the subject; and the present action was derogatory to the Court, to the laws, to the practitioners, and to these pursuers themselves. The defenders were assoilzied, and the pursuers found liable in expences. On the 7th of July, the powder mill at Roslin blew up, by which two carpenters were killed, and a third died some days after. We understand, that an elegant Observatory is to be erected on the Calton-hill by the Astronomical Institution of Edinburgh, from the designs of a celebrated architect. Till this building is completed, the old Observatory is to be furnished with several meteorological, astronomical, and optical instruments, for the use of the subscribers to the Institution. Sir George Mackenzie, Bart. the Vice-President of the Institution, has presented it with a very valuable twofect Gregorian telescope, elegantly mounted with horizontal and vertical movements. There is at present, in the possession of a gentleman in Dunse, a manuscript copy of Professor Zachariah Boyd's Bible, a great curiosity, done by the late Sir John Priagle, President of the Royal Academy, London; and supposed to be the only copy ever made from the original in Glasgow College. Edinburgh races commenced on Leith Sands on the 27th July. There was no race on Monday, one of the horses having died the day before. Tresday's race for the King's 100 guineas, was a good race of three heats. On Wednesday a purse of 50 guineas was run for, and won by M: Bell's chesnut colt, Young Warter Lord Montgomerie's chesnut colt, Kilruddery Mr Baird's chesnut mare 3 0 1 1 1 0 2 2 2 dr. This was a most excellent race, and one of the best contested that has been run on the sands of Leith these many years. The second heat was so close that it was declared a dead one. The fourth heat was not so close run as the three preceding, Kilruddery giving up when about half way in from the distance post in the last round.-So near a match between two horses has not occurred here since the famous race about 20 years ago, between Mr Hamilton of Wishaw's (the present Lord Belhaven) horse Star, and Mr Baird of Newbyth's horse Rattler, who ran four heats, the third being a dead one. Rattler gained the race by less than a head the fourth heat. The other races were very indifferent, and the company not numerous, The fol lowing gentlemen are appointed Stewards for Edinburgh Races next year: Lieutenant-General Sir David Baird, Bart. K. B. K. C. Sir Gilbert Stirling, Baronet. DREADFUL FIRE. Glasgow, July 31.-Last night, between nine and ten o'clock, an alarming ûre broke out in the workshops connected with Mr John Reid's extensive cabinet warehouse, in Virginia Street. It had made considerable progress before it was discovered, and from the quantity of wood and other combustible materials in the building, the flames, in a few minutes, burst from the roof with great fury. So rapid was its progress, that the awful illumination it produced over the town was the first thing that gave the inha bitants the alarm. From the construction of the building, and the confusion that are in removing the furniture-the firemen, although soon on the spot, and although they directed the engines in the most powerful manner, could do little to stop its progress. The water was at first but scanty, but intiination having been sent to the engine-inan at Dalmarnock to set the engine to work, a plentiful supply was soon obtained from the fire plugs. When the beams of the main roof gave way, the weight of slates and brick-work carried all before it to the bot tom, and we are distressed to state, that se veral men, who were actively employed in the lower floor, removing the furniture, were buried in the ruins-seven dead bodies were dug out yesterday, and two more to day. Mr Hannah, a son of Mr Hannah, flesher, has been much burnt, and several others were much hurt, but none of them are considered in a dangerous state. A miscreant was lodged in the police office, for attempting to plunder during the contingra tion. The whole of the buildings are burnt down, except the small front wing in Argyll Strect, and considerable exertion was neces sary to preserve the different valuable buildings around it. The premises, and the whole of the men's tools, are insured to an extent which completely covers the loss. The books, and a considerable part of the furniture and stock are saved. The property was insured as follows: Sun Fire Office £6600 | Caledonian £3300 Atlas...... 5000 Hercules... 3300 Globe...... 3000 APPOINTMENTS. -21,200 [From the London Gazette.] Whitehall, July 7.-The Prince Regent has appointed John Wauchope, Esq. to be Clerk Clerk and Keeper of the General Register of Hornings in Scotland, in the room of James Newbigging, Esq. deceased: - To present the Reverend Charles Logan to the church and parish of Maybole, in the presbytery and county of Ayr, vacant by the death of Doctor James Wright: To present the Reverend Alexander Gray to the church and parish of Kincardine, in the presbytery of Dumblanc, and county of Perth, vacant by the death of Mr Christopher Tait. Foreign Office, July 17. The Prince Regent appointed the Right Honourable General Viscount Cathcart, Knight of the most ancient and most noble order of the Thistle, to be his Majesty's Ambassador Extraordinary and Plenipotentiary to his Imperial Majesty the Emperor of all the Russias. Carlton House, July 18. The Prince Regent conferred the honour of knighthond on Lachlan Maclean, M. D. Senior Alderman of Sudbury, and Felix Agar, Esq. Whitehall, July 29. The Prince Regent was pleased to grant unto Richard Marquis Wellesley, Knight of the most noble order of the Garter, his Majesty's royal licence and permission that he inay accept and wear the insignia of the Royal Persian order of the Sun and Lion, conferred upon him by his Majesty the King of Persia, as a testiinoay of the high regard and respect which that Sovereign feels for his Lordship's cha racter. The University of Edinburgh have conferred the degree of Doctor of Divinity on the Rev. Alexander Murray, minister of Urr, recently elected Professor of Hebrew and Oriental Languages in that University. On the 5th of August the Lord Provost, Magistrates, and Council, agreed to give a presentation to the Rev. Dr Andrew Grant, Minister of the Trinity College Church, to be one of the ministers of St Andrew's Church, in room of the Rev. Dr William Moodic, deceased. His Grace the Duke of Buccleuch has been pleased to present the Rev. William B. Shaw, a sistant minister at Roberton, to the church of Langholm, vacant by the death of the late Rev. Thomas Martin. Thomas Graham Stirling, Esq. of Airth and Strowan, has presented the Rev. John M'Gachen, minister of Alva, presbytery of Stirling, to the church and parish of Airth, in the same presbytery, vacant by the death of the Rev. Robert Ure. The Right Honourable the Earl of Mansfield has granted a presentation in favour of the Reverend Mr Laurence Miller, minister of the Chapel of Ease at Ardoch, in the parish of Muthil, and within the bounds of the presbytery of Auchterarder, to the church and parish of Abdie, which had become vacant by the death of the late Reverend Mr Robert Thomas. Lieut.-General Winyard is to be Commander-in-Chief of the forces in Scotland, during the absence of Lord Cathcart. Mr Rolland, W. S. is appointed Principal Sheriff Clerk of the county of EdinburghMr James Wilson his depute. His Royal Highness the Prince Regent has been graciously pleased to appoint Mr Malcolm, F. R. S. of Gray's Inn, London, his land-surveyor and land-agent for Scotland, in addition to his other appointments for England. On the 5th of August the Lord Provost, and the Sheriff of the county of Mid Lothian, appointed Mr James Brown, Captain and Adjutant of the Royal Perthshire militia, to be Superintendant of the Police of this city, under the new act of Parliament. On the 11th of July, the Royal Company of Archers shot for the silver bowl, which was gained by John Kennedy, Esq. W. S. On the 25th, the silver arrow, given by the good town of Edinburgh, was shot for and gained by Donald Horne, Esq.; and on the 1st of August, the silver arrow, given by the town of Musselburgh, was shot for, and gained by John Buchan Brodie, Esq. On the 6th of August the annual examination of the High School of Edinburgh took piace. The gold medal given by the late Colonel Peter Murray, was adjudged to Master John Campbell, (son of Lord Succoth,) dux of the highest class. The writing class of the same school was examined the preceding day, and an elegant medal was given to Master Archibald Nimmo, son of Mr Thomas Nimmo, Duke Street, for his progress in writing and good conduct. CHAMBER OF COMMERCE. Edinburgh, July 8. 1812. At a general meeting of the Members of this Chamber, held here this day, the following gentlemen were elected office-bearers for the year following, viz. Sir John Hay, Bart. Chairman. Willian A letter recently received in Edinburgh from a person holding an official situation in New South Wales, contains some particulars relative to the present state of that settlement. The writer describes the country as very beautiful, and covered with verdure all the year round. We are happy to understand that a strong desire for instruction has arisen in the colony, and that bibles and books of education sell at very high prices. By the last accounts from Otaheite, it appeared that a rebellion had broke out against the Sovereign of that island, who had applied for aid to a colonial vessel then lying at Sidney. This monarch appears to He has learned be a very intelligent man. English from one of the Missionaries, and now writes and reads that language with fluency. Our correspondent had seen a letter from him to a Missionary at Sidney. July 7. Mrs Craigie, of Dumbarnie, a daughter. 8. Lady Macdonald Lockhart, a daughter, At London, her Grace the Duchess of Bedford, a daughter. At Rochsoles House, the Lady of Lieut.-Colonel Gerard, of Rochsoles, a son. 9. At Blanfield, Mrs M'Dowall, a daugh MARRIAGES. June 20. At Lisbon, the Earl of Euston, eldest son of the Duke of Grafton, to Mary. youngest daughter of the Honourable Admiral George C. Berkeley, and niece to the Duke of Richmond. 30. At Stonehaven, Mr James Watt, of the Grammar School, Aberdeen, to Miss Sarah Ann Memess, daughter of the Rev. Mr Memess, Episcopal clergyman, Stonehaven. July 1. At Keith, Mr John Murdoch of the Episcopal Church, Keith, to Mary, eldest daughter of William Keir, Esq. of Linn July At Edinburgh, Robert Taylor, Esq. Castle, Sanquhar, to Miss Elizabeth, daughter of Mr George Thomson, Store-farmer, Northshort-cleugh. 9. At Lochwinnoch, John Adam, Esq. of Blowingstone, to Miss Mary, second daughter of Allan Stevenson, Esq. of Netherhouses. At Glasgow, Mr Andrew Dow, writer, to Miss Mary Craig, youngest daughter of the late John Craig, Esq. of Over Newton. The Hon. Captain Waldegrave, Royal Navy, to Miss Whitbread, daughter to the member for Bedford. May 19. Captain Candler, of the 50th regiment. In the memorable assault, by General Hill, on Fort Napoleon, near the bridge of Almarez; he was first to ascend the ladders, and, after giving to his men an example worthy of so brave an officer, he gloriously fell while leading them to victory. 20. Of the wounds he received at the storming of Fort Napoleon, on the Tagus, Captain Lewis Grant, 71st regiment, and youngest son to Captain Grant in Mildrie. 21. At Sligo, Mr Duncan M'Intyre, merchant there, late of Leith. 27. At Fraserburgh, J. Dalrymple, Esq. 29. At Ramsey, Sir John Macartney, Bart. in the 63d year of his age; formerly deputy-remembrancer of the Court of Exchequer, in Ireland. He is succeeded in title by his eldest son, now the Reverend Sir William Macartney, Bart. - At Auchlunies, Hariet M. E. Cumberland, daughter of Richard Cumberland, Esq. late of the 3d guards, and grand-daughter of George Earl of Buckinghamshire. 30. At St Andrew's, Mrs Hunter, North Street. 31. At Edinburgh, Mrs Margaret Ross, widow of the late Lord Ankerville. June |