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it in general to state, that on the part of COURT OF SESSION.
the Bank, it was maintained, that their a. IMPORTANT LAW Case.
gents were not entitled to take in money is of such general inportance, that we on cash accounts, and for promissory notes, consider it our duty to communicate it to which last were to be sealed with the Bank's the public.
seal, countersigned by the Accountant, &c. The Directors of the Bank of Scotland, and this plea was enforced by reference a good many years ago, conceiving that they to a placard, which was hung up in the ofmight extend the business of the Bank be. fice at Brechin, and to advertisements in yond the limits of Edinburgh, resolved to the newspapers, &c. establish branches in almost every town in It was farther maintained by the DirecScotland; and the arrangement was no tors, that no agent, factor, or commissiondoubt beneficial to all parties. To the er, could bind his constituent beyond the licountry it extended an useful fund of credit, mits of the mandate or commission under and though the more general circulation of which he acted; and as the niandate in the the Bank paper was the primary object in case of money lodged in that manner was the institution of the branches, the Bank confined to promissory nutes, the Bank received advantage by their becoming very could not be bound by documents in the naturally the deposits of the money belong form of receipts. In answer to this, and ing to numerous persons in their neigh- other arguments used for the Bank, it was bourhood. The case now to be detailed stated on the part of the claimants, that as took its rise from this last circumstance. the Directors had established a branch at
In the year 1793, the Directors of the Brechin, they had in fact thereby transferBank of Scotland established one of their red the Bank of Scotland itself to that branches in the town of Brechin, and ap- place; and, of course, were respons ble for pointed James Smith, a merchant in that every act and deed of their agents which place, and two of his sons, to be their a- related to a banking transaction. Nor gents there, under a constituted firm.
were the persons who had dealings of this These people some years ago became bank- nature with these agents bound to enquire rupt, when it was discovered, that besides whether they were authorised to take in taking in money for the Bank, they had deposited money, on promissory notes or received a great many sums, to the amount receipts, that being a mere matter of form, of 50001. or 6000l. for which they had not altogether unconnected with the substance accounted to the Bank, but which the per of the transaction. Besides, it was stated sons lodging them stated they meant as for the claimants, that the Directors themBank deposits. For these the agents had selves had departed from their regulations given receipts on a copperplate engraving, in this respect, as it was no uncommon prac. hearing to be dated at the “ Bank's Of- tice at their branches to grant receipts for fice," and in other respects containing the deposited money. As to the arguments usual style and words of Bank vouchers; of the Bank, respecting the powers of manbut in signing these documents, the agents datories or commissioners, it was maintaindid not add any designation immediately ed on the part of the claimants, that, though indicating their having acted for the Bank a man was bound, when he transacted with in the receiving of that money. When ordinary mandatories, to act and understand the failure happened, the Directors of the the extent of their powers, yet, thae wliere Bank of Scotland refused to retire these a Bank established itself in a place, opendocuments, on the following, among othered an office there, and nominated agents grounds: That their agents were not en- for the general management of the business, titled to take in money so as to bind the the powers of these agents were to be preBank, on documents, in the form granted sumed in all matters connected with“ Bankby their Brechin agents. With a view to ing;" and, consequently, that in a case like try the validity of such a defence, an action the present, the improper acts and deeds was brought against the Directors on one of of the agents must affect the Bank, and not these receipts. It would exceed our limits the public, who had confided in these to enter into a particular detail of the argu- gents, by the in vitation of the Directors, ments of the pasties in this cause. Suffice As to the placard, it was stated by the Oct. 1806.
elaimants, that they had never seen it; and, The Court likewise considered the corat any rate, that when a person enters a duct of Lieut. Carruthers to Capt. Crawfurd public banking office to transact business, as highly improper. His Majesty has aphe is entitled to consider the official person proved of the above sentence, and ordered it with whom he deals to be in possession of to be carried into effect; and has also comevery necessary authority for rendering the manded that Lieut. Carruthers be remortransaction legal.
ed from the Stirlingshire regt. of militia. When this case came first before the
CIRCUIT INTELLIGENCE. Court for judgment, it was decided in favour of the Bank by a narrow majority of
Inverness, Sept. 18.-LORD COLLEN. one vote; but their lordships, on advising
James M.Pherson, alias James Roy M. elaborate and ingenious papers on both Pherson, fox-hunter, accused of murder, sides, altered their former? interlocutor, was outlawed. Archibald M‘Donald, in and, by a large majority, found the Bank Knoydart, accused of perjury;-the diet liable for the suns claimed, besides the was deserted pro loco et tempore, informacosts of suit.
tinn having been received which required
further investigation. Margaret M.Cal. COURT MARTIAL.
lum, accused of petty theft, was, upon her At a General Court-Martial, held in petition, banished from Scotland for life. Edinburgh Castle, on the 19th of May
Aberdeen, Sept. 29. 1806, and on several subsequent days, LORDS DUNSINNAN AND CULLEN. whereof Colonel Sir John Dalrymple Hay, Alex. Laing accused of receipt of theft. Bart. of the Kirkcudbright Regt. of Mili- The diet against him was deserted simplitia, was President, for the Trial of Cape citer. Elspeth Brown, his wife, and Isobel tain Andrew Hunter Sproul Crawford, of Laing, his daughter, accused of theft, were che 28th or Stirlingshire Regiment of Mi- found guilty on their own confession, and litia, upon the following charges, exhibited sentenced, the former to five months imagainst him by Lieut. David Carruthers prisonment, and banishment from Scotland of the same regiment, viz.
for life; the latter to be imprisoned two 1. Unofficerlike conduct, in using lan- months, and banished' from Scotland for guagę towards Lieut. Carruthers, for some five years. William Laird, late of Bonny: time past, highly injurious to his character kelly, accused of theft, was found guilty, as an Officer and Gentleman; but particular and sentenced to be imprisoned for one ly on the evening of the 12th April 1806, month, and banished from Scotland for life. in the public Mess-Room, and in the pre
Perth, Sept. 27. sence of several Officers of the Regiment. Before the same Judges-John Lessels, travelling merchant in Ayr, for uttering Almost all the volunteers corps in Scotcounterfeit shillings; the diet was deserted land have agreed to serve under the new against him; he was recommitted on a regulations, but they have at the same time new warrant, but liberated upon bail. expressed an opinion that the allowances
11. Saying that he, Captain Crawfurd, late manufacturer in Pathhead, accused of would not go out with Lieutenant Carru- theft ; Martha Carnegie, lare servant to thers to fight, as he was a Damned Swind- William Bethune, Esq. of Blebo; and Maler and Scoundrel ; but that he Captain ry Smith, of Inverkeilor, accused of child Crawfurd would wish, that some of the of murder, were all, upon their own petitions, ficers would tell Lieutenant Carruthers banished from Scotland for life. what he had been saying, in order that he Inverary, Sept. 26.--LORD MEADOWBANK. might have an opportunity of drawing his Donald, Duncan, and Neil Mackiachan, sword, and running Lieutenant Carruthers all residing in the island of Islay, accused through the body.
of breaking into a cellar possessed by Mr And also upon the following Charge, ex- Campbell, acting supervisor in that island, hibited against him by Quarter-Master and stealing from thence 125 gallons of James Dougall, of the same regiment, viz. whisky, were outlawed for not appearing. Having falsely, and without foundation, ac- Glasgow, Oct. 2.-LORD JUSTICE CLERK. cused him, (Quarter Master Dougall), in John Allan, alias Michael Jamieson, was the Mess Room, in the evening of the tried for the murder of Robert Frame, and 12th of April, in presence of several Offi- acquitted. Thomas Scotland, for the murcers of the regiment, of having drawn coals der of Thomas Forrest, weaver in Glasgow, and candles for him (Capt Crawfurd,) was found guilty of culpable homicide, and while he was in jail, and applied them to sentenced to a month's imprisonment. Jo. his own use.
seph Muir, for perjury, was outlawed. The Court having maturely deliberated James M'Alpine, also for perjury, and on the evidence adduced, is of opinion, Alex. Colquhoun carter, accused of the That the prisoner Captain Andrew Hunter murder of Thos. Laurie weaver in a squabSproul Crawfurd, is guilty of the charges ble, were recommitted on new warrants. preferred against him in breach of the Ar- Ayr, October 4.-LORD ARMADALE. ticles of War, and therefore they sentence John Adams at Balgowan, for theft, not him to be CASHIERED.
appearing, was outlawed. Edward Graham
Yedburgh, Oct. 15.-LORD CRAIG. are inadequate to their necessary expences. John and James Winter, for assaulting As to the first regiment Royal Edinburgh Alex. Watson, were, on their own petition, Volunteers, the regulations in question do banished Scotland for life. Thomas Dou- not affect them. At a late parade, the Re. glas, who was implicated in the above Hon. Chas. Hope, their Colonel, addressed charge, was dismissed from the bar. the regiment to the following effect :
There was no business of any kind at “GentleMEN,--Some time ago, a circuStirling or Dumfries.
dar letter was received from Lord Spencer, GAME LAWS.
mentioning, that as an alteration was in A cause of some importance on the game tended on the allowances to Volunteer laws, was decided at the Circuit Court at Corps, serving on the establishment of June Glasgow, by the Lord Justice Clerk, on an 1803, it was the order of Government that appeal from a sentence of the Justices of they should discontinue exercising until the Peace for Lanarkshire: An action further notice. I immediately wrote to had been brought before the Justices, at his Lordship, that as our regiment was on the instance of the procurator fiscal, a- a footing peculiar to itself in point of allowgainst two poachers, founded on three acts ances, I did not consider the circular as apof the Parliament of Scotland, in which the plicable to us, and thereiore, as we had Justices found them liable in the statutory some mon
in hand, we should continue penalties--for going upon grounds “ with. to drill, unless I received from him special out licence from the owner," in terms of the orders to the contrary. I also explained to act 1555--for hunting at all without being his Lordship the nature and amount of the possessed of a“ ploughgate of land in he- allowances which had been fixed by Lord ritage,” which is the qualification required Hobart, while his Majesty's Secretary of by act 1661--and for having “presumed to State for the Home Department, as applihunt upon grounds without a subscribed cable to this regiment; and as they are warrant from the proprietor," besides for- very trifling, I stated to Lord Spencer, my feiting their dogs and guns, in terms of act request, both on the part of the regiment, 1707. The Lord Justice Clerk, in deliver and as a public man, that those allowances ing his opinion on the case, observed, that might be continued in the aggregate shape the whole of these acts were subsisting sta- in which they had hitherto been drawn. tutes, and that the appellants might have " I have now the pleasure to inform you, been prosecuted and convicted on any one that I have received a very polite and saof them; but he did not think it was the tisfactory answer from his Lordship, sta intention of the Legislature, that the whole ting, that as our allowances do not exceed of the penalties in the different acts of Par- in amount those intended for other corps, liament should be exacted for the same of his Majesty's government could have no fence. He therefore altered the sentence, objection to their being continued and in so far as the penalties in the first two drawn in the usual manner. acts were found due, but affirmed it as to “ On other grounds, some things certhe penalties and forfeiture of dogs and tainly have occurred elsewhere, not altogeguns, imposed by act 1707. Had the Juse ther agreeable to our feelings; at the same tices gone the whole length which that time, I have no doubt, that much of what statute authorised, and ordained the deline has passed may have been greatly exagquents so be sent abroad as recruita, he gerated. would have had no hesitation whatever, “ But as it is impossible to disgraise the in the case sow before him, of also enfor- fact, i wish to put the matter on this footcing that part of the statute.
ing. I wish to remind you, that amidst the VOLUNTEERS.
violence and struggle of parties, our counThe terms upon which the services of try remains the same ; that we did not take the Volunteer corps are to be continued, up arms to please any Minister, or set of have been announced. The pay of the drill Ministers, but to defend our native land serjeants is to be reduced to 6d. per day. from foreign and domestic enemies; and The non-commissioned officers, drummers, therefore, if it were possible, which I will and privates are to assemble for exercise, not believe, that we should ever be looked and to receive pay for 26 days in the year, on with an evil eye, by this, or any other and 208. every three years for cloathing. set of Ministers, I trust we shall be as little These allowances to be made only to chose disposed to lay down our arms to please who were enrolled and serving on or be them. When our country no longer refore the 24th July.
quires our services, our gracious Sovereign and repose.
will disband us regularly, as was done be- mously approved, and resolved to support fore, and we shall be all well pleased when the Solicitor General accordingly at the the state of our country shall allow us to re- next election. Lord ARCHIBALD after. tire with honour from its service.
wards gave an elegant entertainment, in “ With regard to my own situation, if the Town-hall, to the Magistrates and there be one man in the corps who would Council, and a number of the inhabitants, be more excusable in retiring than another, at which the greatest unanimity and conviit is myself. I have now served twelve viality prevailed. years in the regiment, which circumstance, On the 22d of August, the Edinburgh and, above all, the high office which i East India Club, and a number of Gentlehave now the honour to hold, not very usu- men from India, gave an elegant entertainally combined with a military character, ment to Warren Hastings, Esq. late Govermight have justified me for seeking leisure nor General of India (now on a visit to
Scotland) at Oman's Tavern in Edinburgh. “ But the higher I am raised in the favour The occasion was particularly gratifying to of my Sovereign, the more I think it my the feelings of a very numerous meeting, duty to serve him in every situation where many of whom, from a long residence in I can be of use; and therefore, thoroughly India, had the best opportunity of knowing convinced of the unspeakable advantage this distinguished character, and apprecis which the country has derived from the vo- ting the services he had rendered to his lunteer service, I have resolved to continue country, during his Government of British in it; and I assure you, that while twenty India. After the health of Mr Hastings, of you will stick together, I will cheerfully and many loyal and patriotic tvasts, the devote my attention to your instruction, following sentiment, from the President, and I shall think niyself amply rewarded was drunk with universal applause : if I can keep alive the embers of this sys- " Prosperity to our settlements in India, and tem in our native city."
may the virtue and talents which preserved His Lordship's speech was received with them be ever remembered with gratitude." the loudest acclamations.
STIRLING Races, Oct. 7.-L.50 given The Officers of the Greenock Volunteers by the Magistrates of Stirling, won by Mr have resigned, thinking it impossible to keep Baird's Bess, beating Mr Millar's!Aurora.up the corps on a respectable footing, on October 8. L.50. for all ages, won by Mr the proposed establishment, but continue Baird's Juna, beating Mr Best's Fairy. The their services until the Lord Lieutenant Linlithgow and Stirlingshire Hunt Stakes
, shall be able to provide other officers. 3 subscribers, 5 guineas each, won by the SCHOOLMASTERS.
Hon. Capt. Fleming's Tom Pipes, beating On Friday and Saturday Sept. 19. and 20, Capt. Hamilton's Scogie, and Mr Graham's very full meetings of the Burgh and Paro- Fidget.- Oct. 9. L,50. for all ages, won by chial Schoolmasters of Scotland were held Mr Baird's Newbyth, beating Mr Best's at Edinburgh, for the purpose of concerting Juno, and Mr Millar's Aurora. The meetmeasures for establishing a fund for the re- ing, the first of the kind held at Stirling, lief of their Widows and Orphans; Dr Adam, Rector of the High School of Edin. uncommon hunting. A handsome subscripe was unanimously chosen President; Mr tion was made for the next year's amuseDick of Perth, and Mr Gray of Edinburgh, ment, The Stewards for next year are Vice Presidents; Mr Irvine of Edinburgh, the Duke of Montrose, Viscount Primrose, Secretary. After revising and altering the Mr Graham of Airth, and Mr Stirling of scroll of a bill, prepared by a committee last Keir. year, it was agreed to transmit printed copies At the Falkirk Tryst, on October 14. of the same to all the Schoolmasters in Scot- there was a remarkable shew of cattle, in land, to enable them to collect and re- finer condition than we ever remember; port their opinions upon it, before another the demand was brisk, but prices were from general meeting, to be held at Edinburgh, five to ten per cent. lower than last year. on the 13th of December next.;
The thunder storm on the 9th August, On Friday Oct. 10. the Magistrates and at Cupar Fife, exceeded in violence and di. Town Council of Rulherglen canferred the ration any thing remembered in that place. freedom of that burgh upon the Right The rain fell in torrents; the loudest peals Hon. Lord ARCHIBALD HAMILTON and of thunder followed in tremendous succes JOHN CLERK, Esq. Solicitor General for sion, and the lightning was uncommonly Scotland. Upon this occasion, Lord Arch- vivid. A number of trees, venerable for BALD proposed and recommended the Soli. age, and remarkable for strength and size, çitor as a candidate for the representation were torn up by the roots. Many houses of this district of burghs in Parliament, of were shaken to their foundations, and sewhich the Magistrateş aud Council onani, veral articles of furniture thrown to a con
William Arnot, } Bailies
siderable distance from their places. We Resident MAGISTRATES.
Messrs William Moubray,?
William Ballenya 5
Canongate and Caltan.
Messrs George Rae, 2
Alexander Boog, Treasurer'.
Easter and Wester Portsburgb.
Messrs Robert Simpson,
GUILD COURT.-) excellent sermon was preached by the Rev.
William Coulter, Esq. Lord Dean of Guild,
Peter Hill, Esq. Old Dean of Guild.
Messrs John Mackinlay,
} Merchants. sed.” After divine service, they returued to the Council Chamber, and proceeded to
Alexr. Reid, Architect.
James Clephan, Wright.
- John Paton, Mason.
Masters and Assistants of the Merchant
Company of Edinburgh, elected Sept. 2. Provost.
Alex. ALLAN, of Glen, Esq. Master.
Mess. R. Scott Mon- Mesy. Geo. Bruiston,
Gilbt.Grierson, R. Scott Moncrieff, Jun. Esq.
A. Mackinlay, Wm. M'Lean, William Coulter, Esq. Dean of Guild.
Dav. Kinnear, Alex. Bonar, Archibald Campbell, Esq. Treasurer.
Robert Bow, Jo. Robertson, Sir William Fettes, Bart. Old Provost.
Wm. Pattison, Wm. Forbes.
Mr Robert Kerr, Treasurer.
ick, one of his Principal Secretaries of State, Robert Cockburn
Merchant (for Foreign Affairs, in room of the late William Trotter
Councillors, Mr Fox.)
27.---To appoint the Right Hon. Thomas Josiah Maxton
Grenville, first Lord of the Admiralty, in William White
room of Lord Howick. J. Denholm, Convener,
Oct. 8.To appoint Henry Viscount Sid.
mouth Lord President of the Privy Coun: John Paton,
Council cil, (in room of Earl Fitzwilliam, who
15. To appoint Henry Richard Lord Alexander Logan,
Holland, Lord Keeper of the Privy Seal, in William Farquharson,
room of Lord Sidinouth. Alex inder Zeigler,
-+*To appoint the Right Hon. George Adam Anderson,
Tierney, President of the Board of ConJohn Bathgate,
troul for India Affairs, in room of Mr
25. Thomas Francis Freemantle and James Thomson, 3tius
William Franklapdo Esqrs. are appointed
Lords of the Admiralty, in room of Sir
His Majesty has recommended Dr CleaJohn Dick, Esq. Baron Bailie of Easter ver, Bishop of Bangor, to succeed to the and Wester Portsburgh.
See of St Asaph, in room of De Horsley.