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Mr James Cunningham, Treasurer. Mr Charles Stewart, Secretary. A law-fuit was, fometime ago, commenced in the Court of Seffion by Mr James Stein, diftiller at Kilbagie, and the truflees for his creditors, against Mr Bo nar, Solicitor of Excife, for repetition of the L.500 Sterling, which came to be the fubject of a Jufticiary trial for bribery against Mr Stein, who was found not guilty by the verdict of the jury. This question firft occurred before Lord Juftice Clerk, by whom Mi Bonar was affoilzied: and a reclaiming petition and answers, having been on Friday advised by the Court, their Lordships adhered to the judgment of the Lord Ordinary; fo that the property of this money is now found to remain with Mr Bonar, who lodged it in the Royal Bank, upwards of two years ago, for the purpofe of being applied to wards building a Bridewe H-Counsel for the purfuere, the Dean of Faculty ; agent, Mr Robert Bofwell, writer to the fignet. Counsel for Mr Bonar, the Lord Advocate; agent, Mr Robert Dundas, writer to the fignet.
Dec. 4. Yefterday, at the annual meeting of the Royal College of Phyficians, for election of their office-bearers, the following gentlemen were chofen into office for the enfuing year, viz.
Dr Black, Prefident.
Dr Hay, Vice-Prefident.
Dr Tho. Spens, Librarian.
A correfpondent (Mr Moncrieff, at Briftol), fends us the following cure for the bite of a mad dog, which he fays is effectual. Wipe off the faliva with a dry cloth, and then wafh the wound with cold water, with the most unremitting attention for feveral hours. A continued fream, poured from a tea-kettle, held at a confiderable diftance, is peculiarly adapted to this purpose. After feveral hours application of the cold water, but agtfoouer, warm water may be applied
with safety and advantage. This appl cation fhould be made inftantly before the poifon has entered the system. If the wound is deep, a furgeon fhould, after fhaving off the inflamed furface, cup, syringe, and wash with double diligence. By this method of purification, every article of poifon will be effectually remo
Procurator Fifcal v. Mifs Burns. The cafe of Mifs Burns having for fome time past very much attracted the attention of the frequenters of the Par liament Houfe, and afforded ample speculation to the citizens at large, it may naturally be expected, that we should give fore account of a business which has been confidered by many as of the higheft importance to the liberties of the fubject.
On the morning of Thursday the 6th of Auguftlaft, one of the city officers left a citation at the house of Mifs Burns, in Rofe Street, New Town, requiring her to appear at one o'clock the fame day in the Council Chamber. She accordingly attended, when there was read over to her a complaint at the inftance of feveral of her neighbours, and of the Pocurator Fifcal of the city, ftating, “That ince Whitfunday lait, the, and a Mifs Sally Sanderfon, who were perfons of bad character, had kept a very irregular and diforderly house, into which they ad mit and entertain licentious and profli gate perfons of both fexes, to the grea annoyance of the neighbourhood, and breach of the public peace: more particulary, that the company entertained by then frequently created great riots and difturbances in the houfe, and in the en try leading to it, by curfing, fwearing, and fighting together: That these tu mults moft generally happened in the night time, whereby the private_com plainers lost their night's rest, and were under continual apprehenfions and terror of fire happening, owing to the irregu larity and indecent behaviour that was carried on by them and their visitors: That befides this, the complainers were often troubled by finging and other improper behaviour going on within the house on the Sundays. The complaint concludes as follows: "From all which it must appear evident, that the faid defenders (i. e. Mifs Burns and Mifs Sanderfon) are a great nuisance in the neigh bourhood, and the public peace of the city is much difturbed: Therefore, the faid defenders ought and should be fined and
and otherwife punished, as to their Honours fhould feem meet; and ought to be ordained, instantly to remove themfelves and families from faid houfe, in order to give relief to the private complainers, and to prevent all bad confequences that may happen by the faid defenders keeping fuch irregular and diforderly house in the neighbourhood."
Upon hearing this complaint read, Mifs Burns judicially denied the fame, and figned a minute or declaration to that effect. The Bailies admitted the complaint to probation; allowed the defenders a joint proof, which was appointed to proceed next day at five o'clock after noon. Four witneffes were examined upon the part of the profecutors; but it as alledged, that neither Mifs Burns, nor any perfon for her were prefent, except that after the firft witness had been examined, a Solicitor appeared for Mifs Burns, and objected to an improper queftion which had been put to the first witnefs, and proposed to be put to the fe.cond.
After several other Ateps of procedure, fome of which were faid to be irregular, but which, in the prefent narration, it is unnecellary particularly to mention, the Magiftrates pronounced the following interlocutor: The Bailies having confifidered the complaint, declarations of the defenders, interlocutors thereto fubjoined, proof adduced, and haill procedure, in refpect of the faid proof, ba• nifh both and each of the said, Margaret Burns, alias Matthews, and Sally Sanderson, forth of this city and liberties for ever; and if they, or either of • them, fhall for ever hereafter be found therein, they will be apprehended and ⚫ committed to the tolbooth, or houfe of correction, for fix months, drummed through the city on the fecond Wednefday after fuch defender fhall be fo apprehended, and, at the lapse of her imprisonment, again for ever banifh • ed.
Mifs Burns, on this fentence being intimated to her, prefented a bill of fufpenfion to the Lord Dreghorn, Ordinary, on the 1st of October, who pronounced the following interlocutor: To fee and anfwer against Tuesday next, and fifts execution till Tuesday thereafter, inclu five; and apppoints this bill to be intimated to the Procurator-fiscal of the City of Edinburgh, and appoints him to produce with his anfwers the proceedings within-mentioned.'
The bill was followed with answers Lord Ankerville, Ordinary, pronounced and replies, and on advifing the whole, the following interlocutor: The Lord Ordinary having confidered this bill, with the answers, replies, and writs · produced, refuses the bill.'
Againft this judgment a reclaiming Lords, which was ordered to be answered; petition was prefented to the whole and, upon the 12th inftant, the follow ing interlocutor was pronounced: The Lords having refumed confideration of this petition, with the answers thereto the City of Edinburgh, they, before on the part of the Procurator Fifcal of anfwer, ordain the petitioner to give in • a condefcendence of the particular facts the offers to prove, on or before the 17th current.'
In place of a condefcendence, howprefented for Mifs Burns, in which it ever, another well-drawn petition was would refolve into a proof of a negative was ftated, that any proof upon her part diforderly houfe within the time libelled: propofition, viz. that she did not keep a That the proof of that propofition must neceffarily coufift of two branches: Ift, The evidence of the inhabitants of he neighbouring houses in Rofe Street and Princes Street; 2dly, The evidence of perfons who had been in the petitioner's fhe truly kept. own houfe to know what fort of house
was, from the nature of the_thing, eviOf those two claffes of witneffes, it dent, that any proof to be offered on her part muft neceffarily confift; and she had no hesitation to fay, that, if required by their Lordships, he was ready, under the of the most refpectable inhabitants in first clafs, to condefcend upon the names Prince's Street, and in Role Street, by whom he could inftruct, that neither they, nor any member of their families, lead them to fuppofe or believe, that she ever faw or heard any thing which could hood. In like manner, under the second kept a bawdy-houfe in their neighbourclafs, he was ready to condefcend upon of rank, of fituation, and of character, the names of perfons refpectable in point who have been in her hole, and who will fay, that it was not a diforderly give in fuch a condefcendence the was houfe. But, although the could early unwilling to do it, unless their Lordships, upon reconfidering the cafe, hound be of opinion, that it was abfolutely neceflary upon her part. She was aware, that in both
both claffes of witneffes, there may be perfons who would not wish to appear in a Court of Justice to give evidence in any cafe, and ftill lefs in fuch a cafe as the prefent. Unfortunate as the herself may have been, fhe would not willingly put any one to unneceffary trouble, or give occafion to any degree of uneal nefs in the minds of those perfons.
The petition then goes on to argue on the merits of the cause itself, and contends, that, the bill ought to be passed on thefe two feparate grounds, Imo, That the proceedings of the Magiftrates were irregular and illegal; ado, That the fentence pronounced against her is materially unjust, in respect that it is not fupported by the evidence on which it is found d. it was alfo contended, that the fentence of the Magiftrates greatly exceeded the conclufions of the libel, which only went the length of a fine, and that the might be ordained inftantly to remove from her house.
Very elaborate answers were given in for the Procurator-fifcal, where it was contended, That the Magiftrates of a great city must have power to proceed in a fummary way, without regard to the ordinary rules and forms of law and that otherwife they could not preserve the public peace, or maintain a well-re gulated police. It was alfo contended, that ti e general conclufion of the libel, that Mifs Burns, "fhould be fined, and otherwife purhed,' was fufficient to warrant and tupport the fentence pronourced again her. And that there was in truth no feverity in the fentence; because, although banished for life from the city and liberties of Edinburgh, the might take up her refidence in St James's Square, Park Place, or any other of the elegant ftreets and fquares not within the liberties of the city.
Upon advifing the caufe, one of the private complainers came forward and denied his being in the knowledge of any riot or difturbance having been in the house, and faid he had been induced to fign the complaint, which he was now forry for.
The Lords, on Tuesday Dec. 22. were pleafed to pafs the Bill, which was, in effect, giving the caufe in favour of Mifs
Dec. 22. On Friday laft the Lord Proyoft received the following letter, figned A FARMER, which he thinks it his duty to publish, having no other mode of acknowledging it;
"IN my humble retreat I have heard, and with pleasure, of the various improvements which have been made in our metropolis, and are ftill going forward. That which claims a preference to all others, has been referved for your adminiftration; and I congratulate you on the appearance that your well-directed exertions promife to obtain a fupport equal to the approbation they merit.
"I cannot pretend to emulate the opulent, who fo liberally have fubfcribed to rebuild the University; but I am willing to beflow a little of what I can fpare, to teftify my approbation of a work fo commendable; and hope that the form in which it is offered may not prove offenfive, becaufe it is fingular-I rather hope, that a well meant example, may lead o thers of my fraternity to an imitation of it,
"I have heard, that the nation generally efteemed the most pelihed in Europe, has ftript ittelf of all objects of vanity and luxury, and made offer of them for the fervice of the State. May I then, in imitation of an example fe patriotic, prefume, without offence, to prefent my mile, for promoting your noble undertaking, in the fhape of TWO STOTS.
"In a neighbouring country, not long fince, the carcate of a bullock was fold at is. per pound, every perfou be ing defirous to have a flice of an animal accounted of uncommon fize. Thofe now take the liberty to offer, are not poffeffed of the fame merit, but I believe they have that of being uncommonly good. As fuch, I beg to recommend them to lovers of fçience, and in a special manner to the adepts in the fathionable fcience of eating, at the approaching feafon of feftivity.
"Wishing all fort of fuccefs and encouragement to your undertaking, profperity to the good city over which you prefide, and happiness to yourself, I take the liberty to fubfcribe myfelf, "My Lord,
"Moft obedient and moft Humble Servant,
"A FARMER. P. S. The perfon who will hand you this letter, will inform your Lordship where the two animals are to be found, which will be delivered to your order.”
25. Deacon Wilfon, yesterday, had a very rapid fale in the Flefhmarket, for the Two Stots given by A Farmer as his fubfcription to the New College. I hey were fon fold off, a great part of them at
at one fhilling a pound. Such was the demand by the lovers of fcience for this claffical beef! The whole produce amounted to about L. 32.
James Watfon, who, about ten years before, had been fecurity for Laing in fome bills, and had a claim of relief againft Laing, but to what extent is not yet afcertained, determined to prevent Laing's plan; and, with that view, ap: plied to the Sheriff of the county for what is called a meditatione fuge war. rant to feize the perfon of Laing, and put him in prifon till he should find caution judicio fifti, that is, to enter appearance in any action to be brought against him by Laing; but the Sheriff refused the warrant.
By the law of Scotland, fuch warrants can only be granted against perfons who mean to fly from Scotland; or, accord
The office of Ufher of the White Road to his Majefty in Scotland, belonging to the law term, from the kingdom, ed heritably to the Cockburns of Lang- in order to defraud their creditors. Wat ton, and was judicially fold in 1757 to fon applied of new for a warrant against Alexander Coutts, Efq; for 65ool. Af- Laing, to Mr Mollifon, who, as Provost ter he died, his heirs refold it to the pre- of Brechin, was alfo a Juftice of Peace fent Sir James Cockburn, Bart. who has, of the county. Mr Mollifon according within thefe few weeks, again difpofed ly granted a warrant, on which Laing of it to Sir Archibald Campbell, Knight was imprisoned, and continued in jail of the Bath, for 12,100l. Such is the fome months. eftimation of this honourable office, the falary being only 250l. and fome few perquifites. When Mr Coutts enjoyed the office, he ferved in perion, and wore as the badge of office, a gold chain, with a medal defcriptive thereof, carrying a filver road in his hand.
On Tuesday afternoon a duel was fought on the beach to the eastward of Leith, betwixt Mr F. an Irifh gentleman, and Mr G. an officer in the army. A quarrel having happened fome days ago betwixt these gentlemen, they pofled each other at the coffee-houfe; in conJequence of which, a challenge enfued, and they met on Tuesday afternoon, attended by their feconds. The parties fired twice without effect; but at the third fire, Mr F. unfortunately received a ball through his heart, and almoft instantly expired!
It is with pleasure we hear, that the ball eftablished at London for the fale of British muflins, notwithstanding the great oppofition made to it, meets with fuccefs, beyond the most fanguine expectation of the promoters-a very great quantity of beautiful British muflins have been fold, which, for texture and fabric, excel thofe from India. This branch of bufinefs, which is now brought to fuch perfection, hids fair to be of the greatest advantage to this nation.
Laing contra Watfon.
26. The following caufe, decided by the Court of SeTion on Saturday laft, deferves the attention of the Public, not on. ly as relating to the liberty of the fubject, but as affording a proper caution to Justices of the Peace, and other inferior Magifirates:
line, and had fold part of his effects, to pay his debts in Brechin, and prepare for his journey.
Patrick Laing, tanner in Brechin, haying failed in his trade there, propofed to remove to Edinburgh, there to carry on a branch of business in an inferior
Being liberated, on an application to the Court of Seffion, he brought an action for wrongous imprisonment, oppreffion, and for damages, againft Watfon the creditor, and Mr Mollifon the judge, who granted the warrant.
The legal defects of the warrant prin cipally complained of were, 1, That the application did not fet forth, that the debtor meant to leave Sotland; or, what is fynonimous in the Scots law language, the kingdom; but that he meant to leave the kingdom, or this part of it. And the oath of the creditor, Watfon, expressly bore, that Laing meant to leave this part of the country.
2dly, No ground of debt was produced to the judge, and Watfon did not fo much as make oath to any exifting debt.
3dly, The warrant contained no limitation of time within which the propo fed action was to be brought.
In the proof, it appeared, that Watfon knew that Laing meant only to r move to Edinburgh.
In delivering their opinions on this queftion, the Judges of the Court of Seffion teftified a ftroug dilapprobation of the conduct, both of the creditor who applied for, and the judge who granted, this warrant, and found both the Justice of Peace and Creditor liable in damages and
and expences, of which they appointed a condefcendence to be given in.
And their Lordships, at the fame time, condemned this warrant as irregular in every refpect; and they were unanimouflv of opinion, that, to justify an application for a mediatio fuge warrant, it must be specially fet forth, That the debtor intends to Ay from Scotland, in order to defraud his creditors: That a ground of debt fhould be produced; or, that the creditor fhould make oath to an exifting debt; and that he believes in his conscience the debtor is to fly from Scotland.
But the Court were farther of opinion, that fuch warrants are granted fub peris culo of the creditor applying; and that, if on proof it hould appear, that he fwore to his debtor's intention of flying from Scotland without a juft ground of suspicion, he would be liable in damages; and they were of opinion, from the proof led in this cafe, that Wation, had he fwore in explicit terms that Laing meant to leave Scotland, would have been able not only to be fued for perjury, but alfo for heavy damages.
Counsel for the purfuer, Dean of Faculty and Mr Robertfon-for the de fenders, Melf. Wight and Corbet.
Hall v. bis Creditors.
26. Thursday the Court of Session had under their confideration a bill of fufpention and liberation, at the inftance of Thomas Hall, who was formerly fentenced to be transported to Botany Bay, by a sentence of the Court of Jufticiary; but the fentence was remitted by his Majefty, upon condition of his tranfporting himfelt forth of Great Britain and free land for feven years, after his being libe rated from prifon. The creditors of Hall refused to confent to his liberation, upon which he applied to the Court, ftating, that the right of the creditors to detain his perfon was merely civil, and that they could not, in coufequence of that civil right, fruftrate the fentence of a criminal court, inflicted as the punishment of a crime." The creditors, on the other hand, contended, that the fentence of the criminal court was fufpended by his Majefty's pardon, upon a certain condition; and that the words of the pardon being, that he should banish himself only from the date of his liberation, clearly implied a right in the creditors to detain him. It was further argued, that if he was allowed to withdraw himself from priton, and from the diligence of his cre
Dec. 28. This day came on before the High Court of Jufticiary, the trial of William Tennant and George Molyfon, alias Morifon, alias Morfon, alias Moly, indicted, at the inftance of his Majefty's Advocate, for repeated acts of theft, and of being habite and repute common thieves. The libel ftates, that on the 7th of July laft, they flole and theftuously took away, out of a cheft of drawers, in the houfe of James Fowler, change-keeper in Richmond-fireet, in the fuburbs of Edinburgh, nine guineas in gold, two filver broaches, a mourning ring, and a green worsted purfe: That next day, they went to the houfe of David Doig,. gardener in the citadel of Leith, and by forcing open the door of a prefs in the houfe, which was locked, did fteal, and theftuoufly take away from thence thirteen pounds Sterling, or thereby, in fpecie and promiffory notes ifsued by banking companies, two gold rings, a pair of filver fleeve-buttons, a green worfted purfe, two harn bags or purfes, a fewed purfe or bag, a green purfe, and a small black japanned box: And, That, on the 10th