Of the propriety of rendering the body lefs susceptible of cold, there can be no doubt: this is a circumstance which ought to engage the attention of all, as it is an acquisition which is absolutely necefsary for enabling us to discharge our duties in society, and enjoy life with proper relish. But of the modes to be used in acquiring this degree of hardinefs, it is not so easy to determine.

The manner of life of a very great part of the community, renders it impofsible for them to expose their bodies to cold in the way generally talked of, without risking a very inaterial injury to their health. Those whom fortune has exempted from the necefsity of earning their bread by the sweat of their brows, are subjected to a hardship far greater, that of being liable to be affected in their health by a thousand accidents, which in vain afsault the sons of unremitting toil. The only way of inuring the body to bear cold, that to me seems unexceptionable, and likely to be successful, is to call forth the powers that the body is provided with for the resistence of cold, and which are evidently appropriated by the wise Creator to this end. As he well knew that mankind must be exposed, in procuring food, &c. to a greater degree of cold than is proper in an inactive state, so he has connected this attainment with bodily exercise, which, as it heats the body, so it plainly intimates by this provision against cold, that this is inimical to health. Nor is the circumstance of man being obliged, also, to labour in warm climates, any objection to this argument: our Maker knowing that heat is as prejudi

cial to our safety as cold, has provided a remedy, by making sweat the concomitant of labour, and a means of cooling the body.

To add force to my afsertion, that cold is most pernicious to the human body, allow me to adduce the authority of Sydenham, a man who made it the whole study of his life to collect facts; and whose afsertions are founded on the testimony of his own senses. He observes, that two thirds of the diseases which afflict mankind arise merely from cold ; -a most convincing proof, that in his days, also, it was the error of our countrymen to be wanting in due regard to clothing and warm houses; and that it is unpardonable in a people that have come to the knowledge of this fact, to be so little solicitous in preventing it. It is true, that the mankind of Sydenham, means the higher ranks in the community, among whom he practised; but even allowing this to be true, it does not in any degree diminish the attention that ought to be paid to his observations.

To be continued.

ON THE DELAYS INCIDENT TO THE COURT OF SESSION.

Continued from p. 179.

To the Lord President of the Court of Session.

MY LORD,

LETTER X.

THE delays of the bill-chamber have long been complained of as a grievance and grievous they are

in a commercial country in its infant state; where quick returns, and the ready inforcing of payments, are so necefsary for the support of credit.

A sist of diligence is currently granted on the most vague and unfounded pretences; and being once obtained, it often serves to ward off the demand until the debtor becomes bankrupt, and perhaps secretes or makes off with his effects.

Of all the regulations against delays in the billchamber, I scarcely know one that has not been more or lefs evaded; either from their original unfitness to answer the end in view, or by means of the consent of party, or of the indulgence of the judge.-I am sensible, therefore, it will be needlefs to attempt an alteration, unlefs your Lordship can reduce the practice to a case of absolute necefsity.

An act of parliament ought to be obtained, declaring, That compensation or retention fhall be no ground of suspension, unless instantly verified scripto vel juramento, that is unlefs the written evidence of it be produced along with the bill of suspension, or the reference to oath be made in the bill itself. And where the counter-claim is either illiquid or uninstructed, that the charger fhall be allowed to proceed. in diligence, reserving to the suspender the benefit of his counter-action.

These provisions would narrow the practice of the bill-chamber very much, and the businefs of it might also be expedited by proper forms.

It would be no hardship to require caution or consignation in all cases of suspension; for the more abVOL. Xviii.

surd and inconsistent the diligence, the easier can the suspender find a cautioner. Whenever, therefore, a bill of suspension is offered, the clerk fhould be prohibited from receiving it, unlefs a bond of caution (or the sum charged for) be lodged along with it; and unless the cautioner's circumstances be set forth in the bill, so as the charger may answer as to his circumstances, as well as upon the merits, and that the Lord Ordinary may decide upon both.

I would have no attestors admitted of: but the suspender may originally make out his bond, with as many cautioners in it as he pleases, on his setting forth the circumstances of each.

And when a bill of this kind comes to be advised, with the debate upon it, the Lord Ordinary can either pass the bill upon the merits, and find the caution good; or find the reasons of suspension relevant, but refuse the bill, in respect the caution offered is not good; or he may refuse the bill upon the merits, but find the caution good. In case the suspender fhould reclaim to the court, the Lord Ordinary ought always to give a judgement upon both points.

It may happen as already noticed that the reasons of suspension are perfectly good, and yet the bill be refused from the insufficiency of the caution. To meet such a case, I would have the clerk prohibited from receiving answers, unless a bond of caution for the charger be produced along with them, for the amount of any counter-claim that is founded on and specified in the bill of suspension; and unlefs the cautioner's circumstances be set forth in the answers.

The Lord Ordinary will thus have it in his power, if he rejects the suspender's cautioner and refuses the bill, to cause the charger's caution be received, and so insure the suspender of payment, if his counter-claim shall be ultimately sustained. Or his Lordfhip, according to circumstances, may ordain both cautioners to be received, so as the parties may have mutual caution found to each other.

The same act of parliament, may provide for these cases, if your Lordship thinks it is beyond the powers of the court to do so.

When a bill of suspension is refused, I would have the clerk prohibited from receiving a second bill against the payment of the same debt, on pain of being liable for the debt, and also on pain of deprivation. But in order that the losing party, may in all cases have an opportunity of reclaiming to the court, I would have a fortnight of reclaiming days, to run in time of Sefsion. And I would also have the charger allowed a fortnight of the same kind, to petition, if he chose it, against the passing of the bill (a practice two seldom followed, though undoubtedly competent). Though this reclaiming time may produce delay, yet I think it cannot be avoided, as, in the general case, the losing party will not be satisfied with the decision of the Lord Ordinary, whereas he must rest contented with the judgement of the court.

With regard to the answers, replies, and duplies following upon the bill, these may be subjected to the same regulations as a condescendence, answers, replies, and duplies so often mentioned. But a great difficulty occurs with regard to the time of lodging the answers, which your Lordship will readily