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tho Oxample of tho si si Fari: Anil also, this individual, fome time after vard S, vi κ. OD 15th Nov. 1832. institu ted a suit, called an aetion of declarator, besore tho Court of Session: the omeers of State, on tho b half of tho Crown, b0ing citsed asparties; and vhieli fuit hau a conclusion to this effeci, that his Majesty ought totio soli nil to bo under a just und lawsul obligation to receivo the surrendor of Lord Stirling, or his proXy in his name, and to grant a now Charier of the asoresaid portion os laniis to the party in Whose favour tho surronder of them Was
This suit Was opposed by the ossicers of State. Against it doclamatory desen ces vero stated by them : but more especially, they had the hardi hood to allego, that a part of the documentary evideiace, tu id bes ore the jury on the inqu0st of Lord Stirling's relationship to his ancestor, Was sorged or fabricateil ; and they stated that thoy had commencsed and served an action against Lord Stirling and his resignatory foresaid, for the purpose of chal longing Lord Stirling's services ash0ir of tho si si Vari of Stirling, and ali that had sollowed ii pota them. Uponthis statem ent, the judge in the cause, concei ving the quoslion of tho validi ty os Lord Stirling's services as heir to be an object prior in orcler to the domand of a pari y d0ri ving right from hina, as found heir by Such services, on 2d March, 1833, si stod fui ther procedure, tili the action, So state i to havo been commonced and sorvsed by the omeers of Stato against Lord Stirling, was dispossed os Tho action of the omeers of Stato was brought into Court, I 6th May, 1833, and is stili in deponden ce. The omeers of Stato, on 29th Alay, 183s, wero appotia ted to put into process, in t o Weelis, a Writton Paper on What theyallogod and undertook to support by proos: but they evineed afterwariis a disposition to delay complying With the appotniment mado iapon them, sostrongly, that Lord Stirling's laW agent, though, of Course, on the si de of the
defeneo, had, strange to Say, no alternatiVe but to eni ol the cause sor an order onthom to lodgo their paper, Which Was ut tength gi ven in astor seven wellis. Thus it was that Lord Stirlitig no N perceived, that the proceo lings of the omeers of State altogsether, and in their Plea ling to the larevioris action os declarator, and tho prosecution of the action rat sed by them solves for challenging his lord shii 'ssorvices, were ali designed With a vie v to delay, like that firmerly experien cedhy ths individual above mentioned ut the Board of Treasury, in fairly meet ingLord Stirling's clatriis on their real meriis. Tho do nod obj0et of the action was to set aside two services obtained by Lord Stirling, the one as heir in generat, and the other as heir in spelial, of his ancestor,
Sir William Alexander. tho sit si Euri os Stirling. in the laiads of Nova Seotia,
and also to reduce, or overturn, Certain deeits 1 Ollo ving on the aforesaid services.
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peting heir. I very person must seo that his Majesty's titio of superior of particular laniis and Ibord Stirling's titi se of vassat of tho Cro via, holding immediately of his Majesty a cor tu in benefletat interest anil right of property in those laniis, do notin termix or oppose eael, other. Is the Cro via pretendod to have any right tomore than the sol sere ignty of the laniis, it never has site via, or could she v, a
having been no loss of the property since, by any sors ei ture of the right, or fendat
delinqueney, or surrender by the vassat, So us to have made the right reveri to
In referen Ce to the system os delay, porceptibi se in the modo in vhicli thoomeors of State havo conducted the action, the folio ving Staternent may sumta ciently illustrato, et ther a litigio iis character adhering to the procee ling8, or theiro vn culpabie unpreparetiness, although having the advantage of being tho
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158 APPENDIX No. IX Memoir on the attempt lo incarcerato Lord Stirling by means os ornery, and the delatia appertaininy thereio. Tlio follo ving narrative and corresponden eo are Scareely credibie, and 3 et truse, and sonio of tho letters have been lithographed to enable every person uritoreads this memoir to judge for himssetf. On th0 22d day of August, I 832, a mala, apparently a genti eman, drove up in
a cal, to Lord Stirling's houso in Portland Place, London, requesting to seo Lady Stirling. his loriis hip being 1 rom homo. It was in the dush, so that he could notbo rea lily seen or recogniZed again. HO said he came frona tho Coloniat Omeo and lost a letior adrossed to Lord Stirling, avitii a seni apparently that of Lord
on applying to this person, he immediately pronounced tho letter to bo usorgery, and requested to have it sor the pui pose of inquiry in to the cheat asassecting the ossice. Tho letter Was not then test, the leave of Lord Stirling fordoing so not having been obtained, but Was sent by post in the course of thedav, with such information as to the probabie author und concocter of the plan
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APPENDIX. 159 as circumstances appeared to justi sy. These ei reum Stanees Worse, that a maia ofrank had obtained a judgment against Lord Stirling, in an action in v hicli thspica os privilogo had not been pleaded in a sumetent manner to insure it. Thisiost his lorilship liubie to an eXocution in that action, and thus to have his porson incareerat d. The sorged lotior foemed to bo the plan to gut hold of his lordshii 'sperson, and was deseatod in the mannor bes ore narrated. The name und circumstances ivere then detullod in the letter enclosing the sol gery. Iohn Aderton Burn, Esq. to Charies Dougias, Esq. Private Secretary to Viscount Goderich. RΛYMOND EUILDINGS, GRAY's ΙΝN, August 23, 1832. SIR, I sen d you the enclosed letter to mal e Such use of to variis detecting tho
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have bitherio foen them agi eo in opinion, and a arrant at Bow Street Will, doubiless, olieit stili more. Your cordial assistance, heroin, Will be Very