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REPORT of the COMMITTEE of the HOUSE of PEERS, relative to the Administration of CIVIL JUSTICE
BY House appointed to consider the matter of the administration of Civil Justice in Scotland,
Y the Committee of the whole
Ordered to Report,
That the Committee have met and considered the matter to them referred, and have come to the following resolutions, (viz.)
Resolved, 1.-That it appears to this Committee that the increase of manufactures, extension of trade, improvements of agriculture, and consequent multiplication of tran sactions, have varied the nature, and greatly increased the number of suits brought before the Courts of Law in Scotland, and thence by appeal - into this House:
And that it has therefore become necessary that some alterations should be made in the establishment of the Courts of Law in that part of the united kingdom, adhering as much as possible to the forms and principles of the Laws of Scotland, and maintaining invariably the true meaning and spirit of the articles of Union.
Resolved, 2.- --That it will greatly conduce to the better administration of justice in the Court of Session, and will be for the evident utility of Scotland, that the said Court, instead of sitting in one collective body of 15 Judges, shall sit in such number of separate Chambers as may be found most convenient; and that the Lords sitting in such Chambers respectively shall exercise the same functions, and shall enjoy the same authority and privileges, as are now exercised and enjoyed by the whole Lords sitting together.
Resolved, 3.-That in each of the said Chambers one of the Judges beJuly 1806.
longing to such Chambers shall preside, such presiding Judge to be appointed by his Majesty to the said office, during good behaviour.
Resolved, 4.- That causes coming
in the first instance into Court as Inner-House causes, may be brought before any one of the Chambers, at the choice of the party instituting the suit; and that causes coming into the Outer House, before any one of the ordinary Lords of Session, and there decided, may be removed, by reclaiming petition, or otherwise, into that Chamber only of which such Lord Ordinary shall be a member.
Resolved, 5-That in all causes, whether originally brought before the Lord Ordinary, or before the Chambers, as Inner House causes, the defender shall, in his defence, distinctly admit or deny all relevant facts alledged in the summons or other writ which by the cause is brought into Court.
Resolved, 6.-That if the defend. ant shall, in whole or in part, deny the facts stated by the pursuer, or shall, in his defence, make any aver ments, in point of fact, which shall subsequently be denied by the pur suer, the Court or Lord Ordinary respectively, on the requisition of either party, or the Court at their own discretion, shall order that the issue of fact shall be tried by a Jury, except in such cases as it shall be found proper to except from this rule.
Resolved, 7--That when it appears to the Chamber, or the Lord Or dinary, reasonable that such issue so directed should be tried in that part of the country where the evidence can be most easily obtained, it shall be competent to remit the cause to the nearest Circuit, to be there tried by a Jury.
Resolved, 8.-That whenever, in the inferior Courts, proofs shall have been allowed, it shall be in the op
-That no appeal to
tion of either party to apply to the Court of Session, in order that the issue may be tried by a Jury, if the Court shall so think fit: But, if either party apply for the trial by Jury, the cause may be decided by the inferior Courts, according to the forms now in use; and afterwards in review by the Court of Session by Jury, or otherwise, as the Court shall think fit.
Resolved, 9.- -That it shall be competent to parties to complain against verdicts of Juries, that the same were given contrary to evidence, or by misdirection of the Judge sitting as Or. dinary, or on the Circuit, or presiding in the Chambers.
Resolved, 10. That when a party in any Court, the decrees of which are subject to be reviewed by the Court of Session, shall be dissatisfied with any judgment of such Court, he shall be at liberty, instead of proceed ing by the present mode of advocation or suspension, to enter an appeal to the Court of Session, after the mode and form by which decrees of inferior Courts are brought under the review of the Lords of Justiciary on the Circuit, with the exception of such cases as, for the sake of the dispatch of justice or otherwise, it may be found necessary to except, and for which cases particular regulations may hereafter be provided.
Resolved, 11.— -That when any judgment shall have been pronounced in any Chamber of the Court of Session, it shall be subject to review in a Chamber of Review, in which none of the Judges shall sit who belong to that Chamber whose judgment is to be reviewed; and that the cause shall, in that stage, be conducted by principal cases, and hearing of Counsel, in the manner and form observed in appeals to the House of Lords such Chamber of Review to be constituted in such manner as shall hereafter be appointed by act of Parlia
this House from the Court of Session be competent, excepting against the judgment of the Chamber of Review.
Resolved, 13.-That no appeal to this House be competent against in terlocutory judgments.
Resolved, 14.-That such costs be allowed by this House in cases of appeal as may more effectually tend to the discouragement of frivolous and vexatious appeals.
Resolved, 15.-That all extracts in every Court, superior and inferior, be abolished or diminished, as far as it shall be found possible; and that for the execution of any decree, or appealing therefrom, it shall in all cases be sufficient that there be an exemplification, signed by the Clerk of Court, containing the summons, petition, or other writ by which the cause was brought into Court, together with the defence, and the dif. ferent interlocutors, and final judgment of the Court, with such other parts of the proceedings only as it may be found indispensibly necessary to include in such exemplification.
Resolved, 16.-That the commis. sion for the plantation of kirks, and valuation and sale of teinds granted by the act of 1707 to the Court of Session, shall be recalled, and that a commission be granted to the Barons of Exchequer in Scotland, to judge and determine in all questions at present cognizable in the Court of Teinds under the said commission, with the exception only of such cases as involve a question with regard to the right of teinds, which shall be subject to the jurisdiction of the Court of Session alone.
Resolved, 17.-That no augmentation shall henceforth be granted by the Commissioners of Teinds in any case where the stipend of the parish has been augmented within such number of years from the date of the claim as shall hereafter be fixed.
4375 persons 6799 ditto
17,780 ditto 1792, 24,592 ditto 1805, 35,000 ditto. Important improvements have been made in agriculture, and the lands in the neighbourhood are now highly productive. Abundant crops of wheat, oats, barley, and potatoes, are presented to the eye in every direction. The culture of all kinds of grasses is well understood; and the crops of this article have become very valuable as food for the increasing num. bers of horses, and other cattle, necessary for the labour and consump tion of such a populous and wealthy district. Indeed this part of Scotland will now bear a comparison with the most cultivated districts of Eng. land. Lands that let about fifty years ago at from five to ten shillings per Scots acre, at present yield the proprietor from three to ten pounds of annual rent.
In order that we may ascertain the cause of this rapid increase of popu lation, and the high state of culture to which this part of the country has attained, it becomes necessary to state the annual amount of the manufactures carried on in the town, and Abbey parish of Paisley and to compare them with the amounts of former periods.
State of the manufactures of the town and Abbey parish of Paisley for the year 1805:
This manufacture employs 6750 weavers ; and the annual product from each muslin weaver in the Paisley trade, according to the most accurate calculation the nature of the case will admit of, is from every loom 100l.; consequently 6750 looms amount to 675,000 l. per annum.
Each loom gives employment to at least three persons, in weaving, winding, warping, tambouring, clipping, seeding, sewing, bleaching, and callandering. Number of persons employed, 20,250.
This branch employs about 120 looms-Each loom produces an annual value of 80 1.-120 looms at 8ol, each, 9,600 1.-Each silk loom gives employment to two persons. Total, 240.
veral smaller ones, produce yarn, Twenty large cotton mills, and sespun by manufacturers residing in the town and parish, to the amount of 300,000l. per annum.
On account of the great variety of machinery and operations necessary in this branch of manufacture, it is dif ficult to ascertain with precision the numbers employed in picking, beating, carding, roving, spinning, reel, ing, sorting, &c. but from the best data that could be obtained, they were estimated at 7000 persons.
Threads made of linen yarn. There are employed in this branch, 120 machines, each working 48 spindles, and each of these machines will twine upon an average 4800 spindles of yarn; which gives as the total amount of yarn used in thread, 336,000 spindles. 336,000 spindles of yarn manufactured into thread
From the above statement, the gradual progress of the lawn and thread gauze branch is ascertained. With regard to the thread branch, we have no official documents to found upon; all that can with certainty be said upon the subject is, that it commenced in this town, in 1723, or 1724, and that for some years the value of threads made did not exceed 100ol. per annum. first statement that can be depended upon, is contained in a new description of Paisley, published in the gen tleman's magazine in 1787, for the months of May and June. This
23:671 19 7
54.664 12 11/2
statement is for the year 1784. The following is an abstract of it. Value of PAISLEY Manufactures for 1784:
164,385 16 6
L. 609,185 16 6
The town of Paisley is built a very irregular plan; or rather has been extended in all directions. just as private convenience and property
.pointed out. Its greatest length is from east to west, nearly two miles; and from south to north, it extends about a mile and an half. From the extreme irregularity of the buildings and streets, the wealthy inhabitants have been for many years looking forward to a period when regular improvements should be suggested and put to execution for the benefit of all concerned.
The police bill now moved in the House of Commons, has been long projected, but different circumstances have till lately intervened to prevent its adoption. These however are now removed, and there can be little doubt entertained, as to the utility and expediency of the general provisions of the bill.
The opening of new streets will be a high improvement in the place. They will afford great facility to the extension of manufactures, by collecting a number of families from the adjacent country, for the manufactu. rer always prefers the weavers who reside in town, to those who have their abode in the country; and besides this advantage, the wealthy inhabitants will have it in their power to accommodate themselves with more comfortable and convenient dwelling houses, as well as more spacious ware. houses for carrying on their mercantile transactions.
There is no town at present in Scotland, of a magnitude nearly equal to that of Paisley, that is so much deficient in lighting, side pavements, and cleansing of the streets; all of which are essentially necessary to the comfort, and even to the health of the inhabitants of large and populous towns.
A workhouse for confining at hard labour, such as are convicted of petty crimes, is deemed essentially neces
means of punishing or reclaiming such delinquents, but by having recourse to fine and imprisonment. With regard to this mode of procedure, it hath been long observed, that committing disorderly persons to our common prisons, hath had no effect in reclaiming offenders; on the contrary, that in being liberated, they always, in place of becoming better members of society, become much worse than they were before; whereas much good has resulted from confining them to solitary and hard labour..
The mode hitherto practised for watching the streets of the town at night, is by warning a certain number of householders by rotation to attend in a guard-house appointed for the purpose. Their business is to perambulate the streets in all directions, and to prevent any disorders from taking place. A captain is named, and by him, a report should be made to the sitting magistrate, each day, of what has occurred in the course of the preceding night. This plan, however, has not been found to answer the purpose so well as could be wished. The guard themselves are sometimes found to be the most noisy of any who are on the streets, and it frequently happens, that little or no attention is paid to the duty imposed upon them; for it has several times happened, that houses and shops have been broke into at no great distance, without the perpetrators being observed, or restrained by the guard, who were probably enjoying themselves around a good fire, with shut doors. Many attempts. have at different times been made, to oblige all the respectable inhabitants to attend personally in their rotation, but these attempts have always relaxed in a short time, and substitutes been again admitted. These substitutes consist generally of porters, or labouring people, who are more fond of sleeping by the side of a good fire,