COURT OF SESSION. LOCHMABEN CAUSE. The Court of Seffion, fome time ago, fettled the cofts given against the defenders in the process of reduction of the election of Magiftrates of Lochmaben, at Michaelmas 1790. The account came to about 400 l. Sterling, but was reftricted to 300l. Upon this occafion Lord Swinton lament ed the form of our proceedings in taking evidence in writing upon commiffion in cafes of this kind, both in regard of the heavy expence which it drew upon the parties, and in regard to the lofs of time which it occafioned to them and others concerned. He obferved, that in this cafe the printed proof, confifting of the depofition of no fewer than feventy-eight witneffes, filled about two hundred quarto pages of print, altho' all that was material to the iffue of the caufe might have been confined to the evidence of eight or nine witneffes, and comprised in lefs than twenty pages: That thefe witnef. fes were brought all the way from Lochmaben and neighbourhood (about fixty miles) to Edinburgh to be examined; and it appeared from the account produced, that the taking the proof had lafted a whole month, though taken before the Sheriff, a gentleman of unquestionable ability: That it had taken three days in hearing in the Court of Seffion, befides the time spent by the Judges in reading the papers at home; and it might be fairly computed upon the whole, that this caufe alone had truly coft above twenty-four days or four weeks judicial work; and near four score labourers, tradefmen, and manufacturers, brought from their employment, and kept fo long idle in Edinburgh. What a lofs was this to the people in particular, and to the trade and manufacture of this part of the kingdom in general, belides about 8ool cofts to the parties, merely for law proceedings! He next tated a comparison of the proceedings in this cafe with the method of proceeding by juries in our neighbouring kingdom, where a trial of fuch a kind at the Affizes, in place of four weeks, would not have flood above fix weeks, including the time of taking the proof, by examining perhaps eight or nine witneffes in prefence of the jury, and where the total expence of both fides would not have exceeded sol. The first he averred, viz. relative to the time, from his own obfervation, having had occafion to be prefent at the laft Spring Affizes in York. The fecond, with respect to the cofts, he gave upon the concurring infor mation of eminent perfons in the law, of whom he was curious to make the enquiry, and who uniformly affured him, that, at an average, the caufes there tried coft 30l. to the plaintiff, and 20l. to the defendant, including the expence of the ordinary preliminary fteps in Westminster Hall. His Lordship concluded with obferving, that if the Scots Judges were ten times longer lived than the English Judges, and Scots litigants ten times richer than litigants in England, there might be some reason for fo much waste of time and money here; but as it was well known fuch was not the cafe, it was matter worthy confideration to provide fome remedy for fo clamant an evil. N. B. Upon these remarks made by the learned Judge, comparing the coft of the law in Scotland with thofe in England, we have to observe, that from an authentic account we had of the Affizes above alluded to, there were fixty caufes tried in one week by Mr Juftice Buller, including the taking of the proof in all of them, which, at sol. each, would amount to 30col. made by the law in the fourth part of the time spent judicially upon the Lochmaben caufe. From whence we draw this conclufion, that the practitioners of the law would be no lofers by fhortening the time, and leffening the expence spent in law proceedings. Edinburgh, July 19. The Annual Competition for Prizes given by the Highland Society of London, to the three bett performers on the bagpipe, was held in the Circus on Tuesday laft, in prefence of a Committee of Judges and Directors, appointed by the Highland Society of Scotland, and a very numerous and genteel affembly who honoured the competition with their attendance. The first prize, being a pipe, with 40 merks in money, was adjudged to Donald M'Craw in Applecrofs, and delivered to him by the Prefes of the Committee, in prefence of the audience, with general applause. The Committee met on Wednesday to determine the other two prizes, when the fecond being 30 merks, was given to John M'Gregor from Breadalbane; and the third, being alfo 30 merks, was given to Duncan Stuart, piper to the Rt. Hon. Lord Mountftuart; and by order of the Committee, the money arifing from the fale of tickets, was diftributed among the other competitors, and the dancers of Highland reels. Mr Biffet, an ingenious artift of Birmingham (originally from this country) had painted fome emblematic ornaments for the room where the Revolutionists dined, which were greatly admired. The central piece was a finely-executed medallion of his Majefty, encircled with a Glory, on each side of June 1. Lieutenant-Colonel David Muirhead of the Eaft India Company's fervice. 2. Dr James Gillefpie, Principal of St Mary's College, St Andrews. 5. Lieutenant Colonel David Hepburn. 29. Mrs Gardner, wife of Dr Gardner. 30. The Rev. Duncan M'Farlane of Drymen, aged 84. July 1. Mrs Janet Clark widow of Mr William Alfton, writer to the fignet. 6. John Lord Doune, fon to the Earl of Moray. 7. After a fhort illnefs, the Rev. Dr Thomas Blacklock, a name well known in the learned world, and which will long furvive him. He was an extraordinary perfon. Though totally deprived of fight from his early infancy, and unaffifted by the advantages of fortune, his genius, notwithstanding these unfavourable circumftances, fhone out in various productions both in verse and profe. He was an excellent claffical scholar, and well versed in most of the other branches of literature. As a poet, a philosopher, and a divine, a great fhare of merit will not be denied him by those who are acquainted with his writings. His poetical works are ntarked with fuch an elegance and force of diction, fuch a glow and propriety of defcription, and fuch an ardour of fentiment, as affect the feelings of every reader of tafte, and have accordingly been admired by the beft judges in Great Britain. His mufe was ever the friend of virtue, for he himself was the friend of human kind. The whole of his private life was an amiable example of unaffected piety towards God, and undiffembled good-will to men. His converfation was animated, entertaining, and instructive. His wit, of which he possessed no small share, often gave pleasure, but never pain. "Multis ille Aebilis occidit !"-Such was the mildnefs of his temper, the benevolence of his heart, and the elegance of his mind, that it was impoflible to know him and not love him; and it may truly be said, that he never loft a friend, nor made a foe. The following lines, extracted from his own poems, occafioned by the death of an intimate friend, may be applied, with much truth, to himself. "Him Nature with no common care defign'd: "O! with what ardour did his piercing. view THE Edinburgh Magazine, -OR LITERARY MISCELLANY, FOR AUGUST 1791. With a View of KILCHURN, OR KILCHAIRN CASTLE *. 117 On the the Manners and Customs tion of the Manners and Cha- Abridged Review of New Publi cations, Leander and Adelifa; a Tale, 120 こ 122 Poetry, Monthly Regifter. 139 143 147 151 155 158 161 State Kilchurn, or Kilchairn Castle, is a magnificient pile, now in ruins, feated on a low ifle near the fouthern border of Lochaw; it belongs to the Earl of Breadalbane. It was built by Sir Colm Campbell, Lord of Lochaw, who died aged 80 in 1480. His facceffors added greatly to it. Within are fome remains of apartments, elegant and of no great antiquity. The view from it of the rich vale, bounded by vast mountains, is fine. See another View of it in our Magazine for October 1785. On Account of the compleat detail given of the French Constitution, tour additional pages are given with this Magazine. State of the BAROMETER in inches and decimals, and of Farenheit's THEZMOMETER in the open air, taken in the morning before fun-rife, and at noon; and the quantity of rain-water fallen, in inches and decimals, from July 31ft 1791, to the 30th of Auguft, near the foot of Arthur's Seat. on's Natural Hiftory of the Canary-Bird. [Concluded from p. 8.] rood of birds in a state of capis not fo conftant, but is pere numerous than it would be in a flate of native freer there are hens who will ir and even five times a year, ur, five, fix, and fometimes is at a time in general they e broods, and the moulting their having more. There , however, that hatch while alt, provided they begin to fit at time. Birds of the fame not all begin to mcult at the e. The weakest are the firft ergo that change; the ftrongoften a month later. The of jonquil Canary-birds is ious and generally more fatal at of the others, The hens jonquil birds lay only three ith three eggs each time: the loured ones, both cock and too del cate, and their brood profpers; the cream coloured Te repugnance at pairing with other; in a large aviary, the nerally chufes one of a differour. In general, the white go the whole procefs with equal ; they pair, build, and hatch, and better than any of the oand the white fpangled birds wife the ftongest of all. withflanding thefe differences difpofition, temperament, and y of thefe birds, the time of inn in all is the fame: all of it thirteen days, and when it happens a day lefs or more, it is ow ing to fome accidental circumftance: cold retards the exclufion of the young, and heat accelerates it. Accordingly it fometimes happers, that the first fitting in April lafts thirteen days and a half or fourteen days, if the air is at that time cold; on the contrary, the third hatching, which happens during the great heats of July or Auguft, lafts only twelve days, or twelve days and a half. The tad eggs aght to be feparated from the good; but in order to know them certainly, you should wait till they have been fat upon for eight or nine days; then take each egg by the two ends for fear of breaking them, and hold them against the fun or a lighted candle; thofe that are clear must be rejected, it would only fatigue the hen to leave them with her. In thus detaching the clear eggs, of three nefts we may make only two; and the third hen being at liberty will proceed again to lay *. It is a practice much recommended by bird-fancyers to take away the eggs as the hen lays them, fubfluting an ivory one in their place, that the whole may be hatched in one day. When the laft egg is laid, the .vory oues are removed and the others pliced. In general, the time of laying is in the morning, about fix or feven o'clock: it is faid, that when this happens an hour later, it is owing to the hen's being fick; the eggs being thus laid in regular tugceflion, it is easy to take them away M 2 the giving the eggs of one hen to others, we must be fure that they are all good; fpangled birds that get clear or bad eggs, will of themfelves throw them out of ; and when this is fo deep that they cannot effect it, they never leave ftriking with their bill till they are broken, which froils the other eggs, injures the nd makes the whole become abortive: the females of the other varieties will fit ear eggs. Father Bugot. he eggs are all laid at the fame hour except the laft, which is fome hours, and r times a day later. This laft egg is always fmaller than the rest, and I have bee I that the bird it contains is always a cock. I with the fact were well afes |