CASES

DECIDED IN

THE HOUSE OF LORDS,

ON APPEAL

FROM THE COURTS OF SCOTLAND,

1826, 1827.

REPORTED BY

JAMES WILSON AND PATRICK SHAW, ESQUIRES,

ADVOCATES.

VOLUME II.

WILLIAM BLACKWOOD, EDINBURGH;

T. CADELL, AND M. STEVENS AND SONS, BELL-YARD,

LINCOLN'S INN, LONDON.

MDCCCXXIX.

PREFATORY NOTE.

In presenting these Reports to the Public, it would be extremely idle to expatiate on the importance and necessity of the publication of the Decisions of the Court of last resort. Suffice it to say, that, from local circumstances, it is impossible that the people of Scotland can have the same facility of access to information relative to the Decisions of the House of Lords, which they have to those of the Courts situated in their own country; and that it must always be to them matter of deep interest to be made acquainted as early as possible with the opinions there entertained, and the judgments pronounced on questions submitted to their consideration.

But although this is admitted on all hands, yet the knowledge of these decisions has been hitherto very sparingly and very tardily communicated to them; and no collection, (at least of those of more recent date) has been made, devoted exclusively to Scottish cases, and embracing all those in which judgment has been pronounced.

To obviate in some degree this defect, a series of Reports, from the commencement of the Parliamentary Session of 1821, to the termination of that in 1824, have recently been published by Mr Shaw; of which the present Reports are intended to form a continuation. From circumstances unnecessary to be detailed, the publication of those of 1826, 1827, and 1828, have