And for a farther plea they do say that each and all of the counts in said Information are bad in law. And for a farther plea they do say that each and all of said counts are unfounded in fact. (Signed) WM. WATSON. VI.-PLEAS FOR THE BUILDERS. PLEA for Messrs. J. and G. THOMSON, Shipbuilders, Glasgow, Claimants. For plea to the Information lodged by Her Majesty's Advocate, the claimants say that the said ship or vessel called the Pampero,' together with the furniture, tackle, and apparel belonging to and on board the said ship or vessel, did not, nor did any or either of them, or any part thereof, become, nor are, nor is the same, or any or either of them, or any part thereof, forfeited for the several supposed causes in the said Information mentioned, or for any or either of them, in manner and form as by the said Information is charged: And for a further plea the said claimants say that the statements in the several counts in said Information are untrue in fact, and that the said counts are bad in law. (Signed) ALEX. BURNS SHAND. VII.-SPECIFICATION OF WRITS, &c. 1. Missive offer by Messrs. James and George Thomson, shipbuilders, Clyde Bank Foundry, Glasgow, to Edward Pembroke, Esq., Austin Friars, London, to construct a first-class screw-steamer (afterwards called the 'Canton' or 'Pampero'), dated 10th October 1862. 2. Letter by Mr. Pembroke to Messrs. J. & G. Thomson, accepting of said offer, dated 17th October 1862. 3. Contract between the said James and George Thomson, and Edward Pembroke, for the construction of the said vessel, or of a first-class screwsteamer (afterwards called the 'Canton' or 'Pampero'), dated 12th and 22d November 1862, and relative specification. 4. Memorandum of agreement between the said Edward Pembroke and George T Sinclair, Esquire, therein designed as 'presently residing in London,' dated 17th October 1862, relative to the sale of a screwsteamer (afterwards called the 'Canton' or 'Pampero'). 5. Specification docqueted as relative to said agreement. 6. Transfer by the said Edward Pembroke to Messrs. Smith, Fleming, & Co. of London, and others, dated 17th October 1862, of his interest in the said contract and agreement. 7. All letters, or copies of letters, dated on or before the 10th day of December 1863, from any of the parties named in the said Information, or from the said James and George Thomson as a company or individual partners, or from the said Edward Pembroke, to the said George T Sinclair, or to each other, in regard to the said missive offer, acceptance, contract, memorandum of agreement, specification and transfer, or either of them, or in regard to the building or construction of the said screwsteamer, or to any of her fittings or furnishings. 8. All drawings, sketches, or plans of the said ship or vessel, or of any of her equipments, fittings, or furnishings, or intended fittings or furnishings. 9. All orders, letters, or memoranda, or copies of orders, letters, or memoranda, in regard to the said ship or vessel, or the construction, sale, or use thereof, or of any of her equipments, fittings, or furnishings, dated on or before the 10th day of December 1863. 10. The letter-books, business and other books of any of the parties above named, that certified copies or excerpts may be taken therefrom, at the sight of the Commissioner, of any of the documents specified in any of the foregoing articles. 11. All drafts of the writs mentioned in the first six heads of the specification. VIII-INTERLOCUTORS. 26th January 1864.-LORD ORMIDALE.-Act. RUTHERFURD- Alt. SHAND. The Lord Ordinary in Exchequer Causes appoints the Lord Advocate to lodge an Information of seizure on the behalf of Her Majesty within ten days from this date. R. MACFARLANE. 4th February 1864.-LORD ORMIDALE.-Act. RUTHERFORD-Alt. -The Lord Ordinary in Exchequer Causes appoints parties' procurators to be heard upon the Information, No. 7 of Process, on Thursday next. R. MACFARLANE. 13th February 1864.-LORD ORMIDALE.-Act. Advocatum, SOLICITORGENERAL, GIFFORD, et RUTHERFURD-Alt. Cook, Gordon, Shand, WatSON, et ANDERSON.-The Lord Ordinary in Exchequer Causes allows the pleas for the claimants now tendered to be received. R. MACFARlane. 16th February 1864.-LORD ORMIDALE.-Act. SOLICITOR-GENERAL, GIFFORD, et RUTHERFURD-Alt. Cook, GORDON, CLARK, WATSON, et ANDERSON.-The Lord Ordinary in Exchequer Causes allows the Information to be amended by the deletion in the 9th count of the words 'fifth day of April,' and the substitution therefor of the words 'tenth day of December;' and in the 74th count by the insertion of the word 'aid' after the word 'knowingly,' and before the word 'assist;' and in the 98th count by the insertion of the word 'aid' after the word 'knowingly,' and before the word 'assist.' R. MACFARLANE. 23d February 1864.-LORD ORMIDALE.-Act. SOLICITOR-GENERAL, GIFFORD, et RUTHERFURD-Alt. Cook, GORDON, CLARK, SHAND, WATSON, et ANDERSON.-The Lord Ordinary in Exchequer Causes having heard counsel for the parties, and considered the argument, the Information, and other proceedings, appoints Tuesday, the 5th day of April next (1864), at ten o'clock forenoon, within the Parliament House, Edinburgh, for trying the matters put in issue by said Information. R. MACFARLANE. Note.-The defenders, in the course of their argument, raised various questions of law and relevancy, in respect of which they maintained that the Information was, except to a very limited extent, untenable under the Statute upon which it is laid, and they asked the Lord Ordinary to decide these questions of law and relevancy before trial. It appears to the Lord Ordinary that it is unnecessary and inexpedient in this case to dispose of any question of law and relevancy before trial, and accordingly he has followed the course which was adopted in the similar case of the Alexandra' in England. So far as the Lord Ordinary can judge at present, the defenders will not be precluded merely by the case being appointed to be tried, from afterwards availing themselves of every plea in law or of relevancy which is in itself well founded; but as the Lord Ordinary cannot prejudge any matter whatever, so he can give no assurance on the subject. The Lord Ordinary is not to be understood as holding that cases may not occur where it would be proper as well as competent to dispose of questions of law and relevancy before trial, although it must always be desirable to avoid, where it can be done with a due regard to the interests of the parties and the ends of justice, a double course of litigation, with its attendant evils of expense and delay. In regard to the expediency in the present case of not disposing of the questions of law and relevancy which have been raised by the defenders, there can be little doubt. According to the defenders' own showing, the Information is not wholly irrelevant; and even as regards those parts of it to which the defenders' objections, as stated to the Lord Ordinary, apply, they, or at least some of them, may be affected by the evidence at the trial. The defenders' argument on relevancy may possibly also be superseded by the course which the case may take at the trial. Until, then, the whole facts and circumstances of the case have been fully disclosed at the trial, it would be unsafe, if not impossible, to decide how far the Information is or is not maintainable under the Statute on which it is laid. The competency of the course which has been taken cannot, it is thought, be reasonably questioned. By the 6th section of the Court of Exchequer (Scotland) Act, 19 & 20 Vict. cap. 56, it is enacted, that where, as in the present instance, the defender shall appear and shall not admit the truth of the Information, the Lord Ordinary shall appoint a day for hearing the parties upon such Information where this may appear to him to be necessary, or shall appoint a day for trying the matters put in issue by such Information without any adjustment of any separate issue or issues, or shall take such other course as to him shall seem proper.' On the assumption that the Lord Ordinary is right in appointing the case to be tried before disposing of any questions of law or relevancy, the day which has been appointed by the Lord Ordinary for the trial was that which was suggested as likely to be suitable for both parties; although, as the defenders mention, a change of the day for trial might possibly yet become necessary, in consequence of intervening circum(Initd.) R. M'F. stances. 23d February 1864.-LORD ORMIDALE.-Act. SOLICITOR-GENERAL, GIFFORD, et RUTHERFURD-Alt. Cook, GORDON, CLARK, SHAND, WATSON, et ANDERSON.-The Lord Ordinary in Exchequer Causes grants diligence at the instance of the pursuer against havers for recovery of the writings, books, models, drawings, sketches, plans, equipments, fittings, and furnishings, or other articles mentioned in the specification No. 11 of Process, and grants commission to Mr. Alexander Smith Kinnear, advocate, whom failing, to Mr. John Pettigrew Wilson, advocate, to take the depositions of the havers in Scotland, and to receive their productions and exhibits, and to Mr. William Robertson, junior, Parliamentary Solicitor, Westminster, whom failing, to Mr. J. Boyd Kinnear, Barrister-atLaw, Lincoln's Inn, London, to take the depositions of the havers at London, and to receive their productions and exhibits, and appoints the same to be reported quam primum. R. MACFARLANE. Edinburgh, 19th March 1864.-The Lords having considered the Reclaiming Note for John Fleming and others, No. 12 of Process, and heard counsel on the objections argued by the defenders against the relevancy of the Information,-Recal the interlocutor of the Lord Ordinary reclaimed against; and the Lord Advocate having withdrawn the twenty-five counts, numbered respectively 3, 4, 11, 12, 19, 20, 27, 28, 35, 36, 43, 44, 51, 52, 59, 60, 67, 68, 75, 76, 83, 84, 91, 92, 98, find as follows:-I. As regards the objections urged against the relevancy of the count, No. 1, and all the other counts now remaining, except No. 97, on the ground that the matters therein set forth do not amount to a contravention of the Statute, inasmuch as the allegation against the defenders set forth in these counts is not that they did equip, or attempt to equip the vessel with intent to cruise and commit hostilities, but is that they did equip, or attempt to equip the vessel with intent and in order that such vessel should be employed in the service of certain foreign states with intent to cruise and commit hostilities; Find that said objection is not well founded, and repel the same: II. As regards the objection urged against the relevancy of the same counts, on the ground that arming is not alleged in terminis, and that the terms 'equip,' 'furnish,' 'fit out,' used in the Information, cannot be held to include arming; Find that said objection is not well founded, and repel the same: Appoint Thursday, the 5th day of May next, at 10 o'clock forenoon, within the Parliament House, Edinburgh, for trying the matters put in issue by the said Information: Grant diligence at the instance of the pursuer against havers for recovery of the writings and others mentioned in the specification, No. 11 of Process, as this day amended, and diligence at the instance of the defenders for recovery of the writings mentioned in article 9 of the said specification; aud grant commission to Mr. Alexander Smith Kinnear, Advocate, whom failing, to Mr. John Pettigrew Wilson, Advocate, to take the depositions of the havers in Scotland, or elsewhere, except in London, and to receive their productions and exhibits; and to Mr. John Boyd Kinnear, Barristerat-Law, Lincoln's Inn, London, whom failing, to Mr. William Robertson, Parliamentary Solicitor, Westminster, to take the depositions of the havers at London, and to receive their productions and exhibits, with power to the respective commissioners to take excerpts from the writings, and appoint the same to be reported quam primum; and remit to the Lord Ordinary to proceed with the cause. (Signed) DUN. M'NEILL, I.P.D. IX. FOREIGN ENLISTMENT ACT. ANNO QUINQUAGESIMO NONO GEORGII III. REGIS. CAP. LXIX. An Act to prevent the Enlisting or Engagement of His WE THEREAS the Enlistment or Engagement of His Majesty's Subjects, to serve in War in Foreign Service, without His Majesty's Licence, and the fitting out and equipping and arming of Vessels by His Majesty's Subjects, without His Majesty's Licence, for Warlike Operations in or against the Dominions or Territories of any Foreign Prince, State, Potentate, or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or Part of any Province, or against the Ships, Goods, or Merchandise of any Foreign Prince, State, Potentate, or Persons as aforesaid, or their Subjects, may be prejudicial to and tend to endanger the Peace and Welfare of this Kingdom: And whereas the Laws in force are not sufficiently effectual for preventing the same: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, an Act passed in the Ninth Year of the Reign of His late Majesty King George the Second, intituled An Act to prevent the listing His 9 G. 2. c. 30. Majesty's Subjects to serve as Soldiers without His Majesty's Licence; and also an Act passed in the Twenty-ninth Year of the Reign of His said late Majesty King George the Second, intituled An Act to prevent 29 G. 2. c. 17. His Majesty's Subjects from serving as Officers under the French King; and for better enforcing an Act passed in the Ninth Year of His present Majesty's Reign, to prevent the enlisting His Majesty's Subjects to serve as Soldiers without His Majesty's Licence; and for obliging such of His Majesty's Subjects as shall accept Commissions in the Scotch Brigade in the Service of the States General of the United Provinces, to take the Oaths of Allegiance and Abjuration; and also an Act passed in Ireland Irish Act, in the Eleventh Year of the Reign of His said late Majesty King George 11 G. 2. the Second, intituled An Act for the more effectual preventing the enlisting of His Majesty's Subjects to serve as Soldiers in Foreign Service with |