immemorial of electing non residenters as provosts. In 1729 the court of sefsion reduced an election of magistrates in Dumbarton, because the provost was elected contrary to the foresaid statute; but the house of peers REVERSED that decree in respect of the usage contrary to the statute; and since that time it appears never to have been doubted, but desuetude prevails against the public statutes regulating the election of burghs, in those places where a custom contrary to the statutes has been immemorially established; accordingly, in the case of the burgesses of Week against Sinclair of Ulbster, decided in 1749, the Court of Session were unanimously in the opinion, that the residence of the provost was not necefsary, because in that respect the statute requiring residence had, in the town of Wick, gone entirely into desuetude.

Other decisions to the same purpose might be quoted; but it is unnecefsary. Those already quoted are sufficient to fhow, that public statutes go into desuetude by disuse, and by contrary custom in those places where such custom has obtained. It is not therefore enough for those who wish to revive an obso lete statute to say, that because it has not been exprefsly repealed, it therefore continues to be in force, and may be applied when ever it shall be thought proper to revive it; for before that can be done, it behoves to be proved, first that the statute wished to be revived was inforced immediately after its enactment; second, that it has not afterwards been suffered to fall into general disuse; and third, that no contrary practice has prevailed in regard to that particular, in VOL. Xviii.

D D

the place where it is meant that the statute in question fhould apply.

To apply this reasoning to the laws for imposing an involuntary poors rate in Scotland, it will be no difficult task to prove, 1. that these poor laws, were not actually inforced, at the time they were enacted:-nor, 2. was it possible to carry these laws into effect, either then, or at any future period, without giving the persons who are to execute these laws, a discretionary and dispensing power, which would constitute them in fact legislators, and not the executors of the law; for these laws have been so ill digested, that the enactments of one statute are directly contradictory of those of another which is of equal force, so that, act as you will, it is impofsible but you must be going directly in the teeth of some statute of equal validity as that one you choose to adopt for your and farther, that choose which statute you will as your rule, there are innumerable cases of great importance that have not been at all provided for by it; in regard to all which the administrators of the law cannot act at all, according to statute, and therefore if they do act, they must do so in an arbitrary and unconstitutional manner. And lastly it

rule;

will be shown that while these laws have been suffered to sleep for more than an hundred years, another practice has prevailed in regard to the very object for which they were enacted; so that in regard to all such places at least where the poor have been hitherto provided for in another manner, these statutes must be considered as having fallen total

ly, and completely into desuetude; so that an attempt, under these circumstances, to revive them, must be considered as directly contradictory of every principle of the law of this land.

A more thorough examination of these laws will afford abundant matter for another paper in this work *.

ALLADIN THE PERSIAN, AN EASTERN TALE.

Continued from p. 181.

CHAPTER VI.

the Republics.

THE Calender knew many languages, and had made fhort extracts from the best authors, which formed a portable library of seven or eight volumes. There was one on governments; and particularly on republics, which Alladin read with the greatest attention. What! said he, is it pofsible there fhould exist such a government? fle had never heard of any other than a monarchical government; and it had never entered his head that any other could exist, or that public affairs could be otherwise carried on.

Alladin was eloquent, and passionately fond of liberty he panted after glory; and felt that it was not

*The reader will observe, I have availed myself here of the information furnished by my lawyer, in the case against the overseers of the poor in South Leith; and I am happy in having this opportunity of exprefsing my just sense of the obligations that I myself, and the pubHic, lie under to that gentleman, for the light he has thrown upon this important subject, which has been hitherto so little adverted to.

pofsible to rise at a court, where servility and afsiduity were counted as merits. What a multitude of obstacles was such a man likely to meet with in his career, like Alladin, who could not disguise his senti-. ments, and who wished, if I may be allowed the exprefsion, to make his fortune barefaced. Delighted with a work which presented the picture of a government where man had full scope to his faculties, he read it many times with additional pleasure, translated it into the Arabic, and added to it reflections, which fortunately for him, were too profound for those who governed. "What a fine government! said he one day to the Calender, where man is only subject to the laws : should not you be happy to live in a republic?" Not more than under any other ment, replied the Calender ; man has every necefsity to exert himself, and to domineer.-I prefer one master to fifty. When I was young, I should not have disliked living in a republic, to be able to chatter at my ease, and to be listened to.'"What! cried Alladin, you do not then admire a government founded on virtue?"Say interest, like any other, replied the Calender." "But man ought under such a government to be of more worth." 'He only labours in it to sell himself to greater advantage." "But liberty" exists no where.'

governwhere a

Alladin could not think like the Calender on this subject, and fancied he ought to enlighten his coun try. He had a thousand copies made of his translation, on the finest vellum, ornamented with Arabesques and gold, which were soon distributed abroad.

213 The Sultan and grand visir heard the work spoken of, but never read it. They had other things to do than to occupy themselves with the constitution of a country, whose name even they were ignorant of. "But what does this work of Alladin contain?" said the sultan one day to his visir, " you have read it without doubt?" I have run it over, replied the visir. It is a romance." "I thought it had been something more serious," answered the Sultan. It rela tes to a country without a king.' "Ah that is ridiculous enough, visir," and burst out into a fit of laughter, The people is sovereign of that country,' said the vizir; and the laughs of all the courtiers were in unison with those of the monarch.

This government is called the public good', said one. "I know only private good," answered another, with a sneering laugh. "Well, this is the height of folly, cried the queen; and pray what does he mean by his public good?” They say there is much wit in it, said the sultan.' "There is certainly imagination; but (continued a pert lord) if the people is the sovereign, who goes to his levees? and what becomes of us?” That reflection is not

The

wags gave to Alladin The visiers afserted,

amifs,' said the sultan. the nickname of Public Good. that he was a man fond of new systems, and a dangerous person, who believed that a government could exist without a king; and this sentiment made so deep an imprefsion on the sultan, that he treated Alladin with more coldnefs. The queens followed his example; and the courtiers avoided him. It is true, that some of the learned found the book inter