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To which are added, APPENDIXES, Containing SOME OF THE STATUTES, FORMS OF PROCEEDINGS, AND WRITS REFERRED TO IN THE WORK. -º- By GILBERT HUTCHESON, Esq. Advocate. 2’ ~~ pº THE THIRD EDITION. WOL. III. EDINBURGH : PRINTED FOR PETER HILL, PRINTER AND STATIONER to Tite church of Scotland. 1815. Printed by Stevenson and Co. Edinburgh. VOLUME THIRD. *sº Table of Pages of the 2d Edition, with the corresponding Pages of this Edition. 2d edit. 3d edit. 2d edit. 3d edit. 2d edit. 3d adit. I 1 35 32-3 67 64 2 2 36 33 63 65 3 3 37 34 69 66 4. 4. 38 35 70 67 B 5 39 35-6 71 68 6 6 40 36-7 72 69 7 7 41 38-9 73 70 8 8 42 39 74, 71 9 9 43 39-40 75 72 10 10 44 40-1 76 73 11 11 45 41-2 77 74 12 12 46 42-3 78 75 13 13 47 43-4 79 76 14, 14 48 45 80 77 15 15 49 46 81 78 16 16 50 47 82 79 17 17 51 48 83 80 18 18 52 48-9 84 81 19 19 53 49-50 85 82 20 20 54 BO-1 86 83 21 21 55 51-2 87 84 22 22 56 53 88 85 23 23 57 54 89 86 24, 24 58 54-5 90 87 25 25 59 56 91 88 26 26 60 57 92 89 27 27 61 58 93 90 28 28 62 59 94 91 29 to 32 29 63 60 95 92 32 29-30 64 61 96 93 33 30 65 62 97 94. 34 31 66 63 98 95 ii 2d edit. 3d edit. 2d edit. 3d edit. 2d edit. 3d edit, 99 96 140 233 181 254 100 97 141 201 182 255 101 98 142 202 183 256 102 99 143 203 184, 257 103 100 144, 204 185 258 • 104 101 145 205 186 259 105 102 146 206 187 260 106 103 147 207 188 261 107 104, 148 208 189 262 108 105 149 209 190 263 109 106 150 210 191 264 110 107 151 211 192 265 111 108 152 212 193 266 112 109 153 213 194, 267 I 13 110 154, 214 195 268 \l 14, 111 155 215 196 269 115 112 156 216 197 270 116 113 157 217 198 271 117 114, 158 218 199 272 118 115 159 219 200 273 I 19 116 160 220 201 274, 120 117 161 234 202 275 121 118 162 235 203 276 122 119 163 236 204, 277 123 120 164, 237 205 278 124, 121 165 238 206 279 125 122 166 239 207 280 126 123 167 240 208 281 127 124, 168 24.1 209 282 128 221* 169 242 210 283 129 223 170 243 211 284, 130 223 171 244 212 285 131 224 172 245 213 286 132 225 173 246 214, 287 133 226 174, 247 215 288 134, 227 175 248 216 289 135 228 176 249 217 290 136 229 177 250 218 291 137 230 178 251 219 292 138 231 179 252 220 293 139 232 180 253 221 294, 3d. edit. 3d. edit. 222 223: 224, 225 226 227 228 229 230 231 232 233 234. 235 236 237 238 239 240 241 242 243 244. 245 246 24,7 248 249 250 251 295 296 297 298 299 300 301 302 303 304, 305 306 307 308 309 310 311 312 313 314, 315 316 317 3.18 319 320 321 322 323 324 iii 2d. edit. 3d. edit. 252 253 254 255 256 257 258 259 26() 261 262 263 264 265 266 267 268 269 270 271 272 273 274, 275 276 277 278 279 280 281 325 326 327 328 329 330 331 332 333 334 335 336 337 33 339 340 2d. edit. 3d. edit. 282 283 284, 285 286 287 288 289 290 291 292 293 294, 295 296 297 298 299 300 301 302 303 304, 305 306 307 308 309 355 356 357 358 359 360 361 362 363 364, 365 366 367 368 369 370 371 372 373 374, to 379 380 381 382 383 383 384, 385-6 147 CONTENTS OF THE THIRD WOLUME, Chap. I. OF THE CESS, OR LAND TAx, 1-14. § 1, HISTORICAL VIEW, 1–5. How the public expences were defrayed in feudal times, 1; voluntary aids by the vassals to their feudal lords, 2; first instances of national taxation, ib.; by what rule national subsidies were paid, ib.; by what rule casualties of superiority were paid, 3. New extent, 3; what retours specify, ib.; old and new extent, ib.; fourth mail, ib.; new valuation, ib.; Cromwell's plan, 4; a certain quota on every shire, ib.; old extent finally laid aside, ib ; com- missioners directed to rectify former valuations, ib.; valued rent, ib.; proportion of the land-tax in Scot- land by the articles of the union, 5; 38 Geo. III, making it permanent, ib. 2, IN BOROUGHS, 5, 6. Who assess, 6; stent-masters, their duty, ib.; rule of assessing, ib. 3. SHIRES, 7-9. What pays cess, 8; temporary rights, ib.; in Eng- land, 9. { ii CONTENTS. s 4, RedEMPTION by 42 Geo. III, c. 116, 9–14. Commissioners for its execution, 10; how chosen, ib.; description of the land, ib.; adjust the amount of the land-tax, ib.; 42 Geo. III, c. 116, 11, 12; fee-ſarm rents, &c. I l; commissioners of appeal, 12; jus- tices, ib.; two justices, 13; one witness, ib. ; exe- cution, appeal, ib. 5, PROPERTY TAX, 14–24. CnAP. II. OF THE DIVIDING OF VALUATIONS, 15. § 1, IN GENERAL, 15, 16. Valuation by convention 1643, 15; its inconveniencies 16; revaluation necessary, on two accounts, ib.; re- medy to the inconvenience of cumulo valuations, ib.; nominal and fictitious votes, ib. 2, AT WHAT MEETINGS CAN A VALUATION BE DI- VIDED, 16, 17. 3, PROCEDURE, 17, 18. Proof allowed, 18; taken, ib.; decree, ib.; insertion in the cess-books, ib.; who must be called in a pro- cess of valuation, ib. 4, NATURE OF THE PROOF REQUISITE, 18, 19. Three sorts, ib.; real rent, ib.; use of payment, 19; present rent, ib. 5, REVIEW, 19–24. Review competent, if the commissioners refuse to do their duty, 20. CHAP. III. OF SOLDIERS, 25–55, § 1, IN GENERAL, 25–28. In feudal times, ib.; first standing army in modern Europe in this country, ib. Mutiny act, 26; first one, 27; different from martial law, 27; articles of war, ib. 2, MUTINY ACT AND ARTICLES OF WAR, 28–43. Inlisting of soldiers, 28; within four days, ib.; after (3ONTENTS. iii. twenty-four hours, ib; mutiny act 29–36; receiv- ing the inlisting money, and absconding, 29; decision of the Court of Session, 30; apprentice, ib. Musters, 33; muster-master to give notice of intended musters, ib.; one justice, ib.; false musters, penalty, 34; mutiny, ib. ; clause regarding Scotland, 35. Carriages, 35; 18 Geo. III, c. 68, respecting horses and carriages of officers and soldiers, ib. ; passing ferries in Scotland, 36; crimes committed by sol- diers, ib.; jurisdiction of two justices, in case of the commanding officer refusing to deliver the of fender to the civil magistrate, 37. Civil debts due by soldiers, ib.; payment of accounts, 39; sum for which they may be attached, ib.; sub- stitute for arrest in this case, ib. Clause respecting the destroying of game, 40. Deserters, 41; jurisdiction of one justice, ib. ; reward for apprehending deserters, ib. ; harbouring and con- cealing them, ib. ; one justice, ib. ; one witness, ib. ; breaking open doors, 42. Furloughs, 42; may a justice prolong the furlough, ib. 3, QUARTERING OF SOLDIERS AND CARRIAGES, 44, 50. When first mentioned, 45; Scottish enactments in rela- tion thereto, ib. ; penalty for pressing one to become a soldier, 47; soldiers not to be quartered upon te- nants in the country, 48; summary jurisdiction of justices, 49; who liable, 50; unmarried women, ib. Public worship must be attended by soldiers, 49. 4, PRIVILEGES, 50. Testament, Roman law, 51; Scottish, ib. Exercising any trade, 51 ; two justices, 52; is a soldier entitled to exercise a plurality of trades, ib.; main- tenance of discharged soldiers, 54; Chelsea, ib.; out- pensioners, ib. CHAP. IV. OF THE MILITIA, 56. § 1, IN GENERAL, 56, 136. Summary of the militia statutes prior to 42 Geo. III, c. 91, ib, Vol. III. 3. iv CONTENTS. § 2, ABRIDGEMENT OF THE MILITIA STATUTES PRE- SENTLY IN FORCE, 1, 56. - 42 GEO. III, c. 91, 56, Appointment of lieutenants and their deputies, 57; rank of militia officers, ib.; officers promoted to the rank of major in consequence of the augmentation of the militia, 60 ; who acts for the lieutenant of the county when he is out of the kingdom, 57; commissions of the deputy-lieutenants and militia officers, do they fall with the power of the granter, ib. Qualification of a deputy lieutenant, 57; of colonel, and other officers, ib.; must the qualification be within the county, ib.; in the case of peers and their heirs apparent, ib.; in boroughs, ib.; in the city of Edinburgh, 59; penalty for acting without the qualification, 60. College of surgeons, their exemption, 59; clerks of meetings of lieutenancy, their appointment, 61 ; num- ber of militia for the respective counties, ib. General meetings, 62; quorum, ib.; place, ib.; time, ib. ; how summoned, 63. Sub-division meetings, ib.; if a quorum does not meet, ib.; schoolmasters and constables, ib. ; quakers, 64; appeal, ib. ; schoolmasters verifying lists, ib.; false returns, ib. ; refusing to tell names, ib.; quaker, if a constable, 65; two places together, ib. ; deputy- lieutenants, ib, ; clerks, ib. ; penalty, ib. ; returns false, ib.; quota fixing, ib ; if less than the number, ib.; oath of ballotted men, 66; substitute, ib.; who not liable to be ballotted, 67; penalty for not ap- pearing, 68; if lists be lost, ib. ; persons changing their residence, ib. ; parish in two counties, ib.; quakers, 69; unfit discharged, ib. ; list of men en- rolled, ib.; death or promotion, ib.; private ap- pointed drummer, 70; vacancies, ib.; ballot, ib.; servants, ib. ; substitutes not appearing, ib.; inlist- ment of militiamen, 71; beating up for militia re- CONTENTS. V cruits, ib. ; penalties how applied, ib.; company, their complement, 72; battalion under 420 privates, 73; battalion of eight companies, ib.; 90 privates, ib. Appointment of officers, where two or three places make together one battalion, 73; supernumeraries, 74; commandant absent, ib; adjutant from the army, 75; surgeon, ib. ; clerk, 76; adjutant, ib.; half-pay of— ficers, ib.; serjeants, ib.; if in actual service, ib.; if not, ib.; pay, ib. ; oath, ib., ; publican not a ser- jeant, 77 ; retained adjutants, ib. ; serjeants dis- charged, ib.; extra drummers, ib.; out-pensioners, ib.; regiments disembodied, 78; mutiny act, ib. ; court-martial, ib.; exercise, time and place, ib.; no- tice, ib.; pay, 79; allowance for distance, ib.; sick- ness on the march, ib. ; billetting, ib.; carriages, ib.; stoppages, ib. ; returns, ib.; penalty, 80; non-at- tendance, ib. ; absence for three months, ib.; arms selling, ib. ; whipping, 81 ; court-martial, ib. ; de- pot, ib.; deserter apprehending, 82; invasion, mili- tia drawn out, 85; militia officers, do they sit on trials, ib. ; Chelsea, ib. ; pay of officers, ib.; of men, ib. ; agent, when appointed, ib.; lists of men whose time is within four months of expiring, 86; bounties after five years, ib.; deserting, or not join- ing, ib. ; vacancy, 87; embodied in part, ib.; school- masters, ib. ; deserters, ib. ; subdivision meeting, ib.; returns after ballot, 88; correction of names, ib.; classes examined, ib.; vacancy, ib. ; fresh bal- lot, ib.; volunteer, who may be accepted, ib. ; at- tendance, 89; allowances, ib.; embodying, ib. Supplementary militia, 90 ; vacancies, ib. ; certified re- turns, 91; quota, ib.; penalty, ib. ; assessments, ib.; deficiency, ib.; commissioners of supply, ib.; ma- gistrates, 92; parishes partly landward, ib. ; com- missioners of supply, ib. ; collectors, 93; assess- ment, ib.; clerk of supply, ib.; attorney in exche- quer, ib. ; clerk of supply, &c. ib., ; penalties, ib.; seats in parliament, 94; voters absent, ib.; school- a 2 vi CONTENT 3. masters allowance, ib.; penalties, recovery of, ib. ; finality of the jurisdiction, 95; prescription of ac- tions, 96. 43 GEO. III, c. 19, 96. 43 GEO, III, c. 38, ib. Reduced officers, ib.; officers not qualified within the county, 97. 43 GEO. III, c. 50, 11th June 1803, ib. Clerk of general and subdivision meetings, ib, ; person drawn not appearing, ib.; deserters, 98; supple- mentary militia, how ballotted, ib.; penalty of L.15, ib.; refusal to be examined, 99; imprisonment, ib.: constables, &c., not to insure, ib. 43 GEO. III, c. 62, 99. Vacancies, 100; death, ib.; deserters, ib.; gaoler's payment, ib. 43 GEO. III, cap. 72, 101. Subalterns, 101 ; number of families of non-commis- sioned officers, 103; if he marries without officers consent, ib.; mode of families obtaining relief, ib.; certificate of poverty, ib.; order by justice, ib.; re- corded by clerk of supply, 104 ; monthly payment from the cess, ib,; kirk treasurer pays, ib. ; trans- mits to clerk of supply, ib.; quarter sessions, ib.; commissioners of supply, 105; assessment, ib. ; col- lector of the county, ib. ; allowance to families, 106; Bute and Sutherland, qualifications in, ib.; deputy lieutenants, their qualification in Bute and Suther- land, ib. 43 GEO. III, c. 94, 106. 43 GEO. III, c. 100, 107. 43 GEO. III, c. 124, ib. Additional military force, ib. 44 GEO. III, c. 38, May 3, 1804, ib. 44 GEO. III, c. 51, ib. 44 GEO. III, c. 66, July 11, 1804, ib. 45 GEO. III, c. 31, 111, 108. If counties have not completed their quotas, 109 CONTENT8. vii 45 GEO. III, c. 60, &c. 109. 45 GEO. III, c. 62, June 27, 1805, ib. 45 GEO. III, c. 90, July 10, 1805, 110. 46 GEO. III, c. 21, March 21, 1806, ib. 46 GEO. III, c. 140, July 22, 1806, ib. 47 GEO. III. c. 57, August 13, 1807, 111. The king appoints regiments to receive militiamen, 111; number allowed to inlist, ib.; under 5 feet four inch- es, ib.; transference to marines, ib., ; if the number does not inlist, ib.; farther inlistments, ib. ; if the number be completed, ib.; persons not allowed to in- list, 1.12; commanding officer may refuse to discharge, ib.; inlistment for a limited period, ib.; who put the act in execution, 113; who can be drafted from the regiment, ib. ; returns of men inlisting, ib. 47 GEO. III, c. 71, August 14, 1807, 116, 123. Apportioning the parishes, 114; clerk to general meet- ings, ib. ; of district meetings, ib.; deputy lieuten- ants and justices, ib.; ballot and new lists, ib.; ap- peals, ib.; return of lists, 115; schoolmaster, &c. ib.; ballotting, 116; appeals, ib. ; application of pe- nalties, ib.; exemptions, 117; volunteers, 118, 119 ; certificate of attendance, 119 ; officers on half-pay, ib.; person drawn not appearing, ib.; counties defi- cient, 120; court of exchequer, 121; justices, where they may act as deputy-lieutenants, 122; counties include shires, &c. ib.; recovery of penalties exceed- ing L.20, 123; jurisdiction, ib.; one justice, ib.; prescription, ib.; warrant, ib.: witness, 124; penalty, ib.; appeal, ib. ; costs, ib. ; finality, ib. ; advocation, &c. 124. 49 GEO. III, cap. 4, ib. 125. 50 GEO. III, c. 24, 125. 51 GEO. III, c. 17, 126. 51 GEO. III, c. 20, ib. Height of men, ib.; age, ib.; who may not inlist, 127; wives and families, 128; boys, º à viii CONTENTF3, 51 GEO. III, cap. 118, 130, 133. Oath of ballotted men, 130; oath of substitute and vo- lunteer, 131; oath to be taken by non-commissioned officers, 131. 51 GEO. III, cap. 128, 183, Additional officers, 1 34. Char. V. OF THE LOCAL MILITIA, 137, 200. § 1. IN GENERAL, 136. 2, STATUTES, 138, 200. 52 GEO. III, cap. 68, 138, 200. Rank of officers, 138; rank in the local militia of offi- cers who have served in regular or supplementary militia, ib.; qualification of officers, 139 ; qualifica- tion of officers of the local militia within the city of Edinburgh, 140; penalty for acting without a qua- lification, 141 : number, ib.; volunteers, may trans- fer, 143; neglect to appeal, how punished, 144 ; two justices, ib.; one deputy and one justice, ib.; penalty of officers disobedience, ib. ; one deputy and one justice, 145; schoolmaster, ib.; oath of men chosen by ballot, 146; persons insuring, subject to penalty of L.50, 147; no person ballotted allowed to find a substitute, ib.; heritors, ib.; volunteers re- ceived, ib.; assessment for the, L.2: 2s. 148; exemp- tion from service, ib.; friendly societies, 150; al- lowances to wives and families, ib.; fines for non- attendance, 151 ; two justices, 152; quakers, ib.; one justice, 153; vacancies, 155 ; how the regi- ments of militia shall be formed and officered, 156; his Majesty may order counties to be divided, 158; local militia of two or more counties may be joined together, to form a battalion, ib. ; surgeons, 160; oath, 161 ; the proportions of non-commissioned offi- cers and drummers, ib.; oath to be taken by non- commissioned officers and drummers on permanent pay, 162; spirit dealers, ib.; necessaries, allowance CONTENTS, ix \##". for, 163; may remove, 164; but not during the pe- riod of training, 165; courts-martial, 166; notices, 167; pay, 168; any one justice orders carriages; courts-martial, 172 ; courts-martial may sentence to service in the local or regular militia, 173; or to im- prisonment, 174; gaolers to receive prisoners when required by president of a court-martial, ib. ; man's subsistence, ib. ; commanding officers may imprison men previous to court-martial, 175; arms, and keep- ing of it, ib.; place, 176; residence of the permanents, 177; under whose command are they, ib.; deserters, ib.; one justice of peace, 180; confession, ib. ; one witness, ib.; method of proceeding where persons are found suspected to be non-commissioned officers, or, drummers, who have deserted, 181; gaolers to receive the subsistence of deserters while confined, but no fee, ib.; gaolers to receive and confine deserters, on penal- ty of 40s. 183; serjeants, &c. conveying deserters, or on any march, to be billetted, ib.; persons appre- hending deserters to be paid 20s. by warrant of the justice before whom convicted, ib.; persons assisting or concealing deserters forfeit L.5, 184; embodying ib.; within Great Britain, ib. ; courts-martial, ib. ; Chelsea, 185; pay, when drawn out, ib.; increase of militia, 190; penalty for neglect of duty in clerks of supply, &c. 192; solicitor for taxes to prosecute commissioners, &c. for neglect, on penalty of L.500, 193; subdivision clerks, if required to give bond, ib.; account to be kept by clerk of subdivision meetings, ib.; commissions in local militia not to vacate seats in parliament, 196; voters go to elections of mem- bers, not punishable for absence, ib. ; non-commis- sioned officers, drummers, and men, mot liable to serve as peace officers, ib.; married local militiamen may set up in any place in Great Britain, as soldiers may under 24 Geo. III, c. 44, ib.; no stamp duty on commissions in local militia, 197; application of pe. malties, ib., ; conviction to be made out in the follow- X CONTENTS. ing form, 198; advocation, 199; limitations of ac- tions, ib.; general issue, 200; treble costs, ib.; per- sons taking a false oath guilty of perjury, ib. CHAP. VI. OF VOLUNTEERS, 201, 220. § 1. IN GENERAL, ib. 2. STATUTES, ib. 220. 44 GEO. III, c. 54, 202, 219. Privileges, ib. \ Exemption from militia, ib.; effective members, ib.; if the members be residing in another county, 208; hair-powder tax, 204; inspection, ib.; toll, 205. Muster-rolls, ib.; L.50 penalty, ib.; clerks, ib.; officers making false muster, L.200, ib.; exemption from service, but not from ballot, 206; if he quit the corps during the war, ib. ; if he join another corps, 207; oaths, ib.; mutiny act, ib. ; courts-martial, ib. In case of invasion, ib. ; how led against the enemy, 208; rank, ib. ; discharging of members, ib.; cus- tody, 209. May volunteers quit their corps, ib. ; discharge for misconduct, ib.; appeal to two lieutenants and one justice, 210; payment of volunteers assembled, ib.; assembling for improvement or invasion, ib. Families of volunteers, 212; no assessment in Scotland for repaying the allowance, 213; after defeat of the enemy, ib.; if volunteers be disabled, ib.; half-pay, who entitled to, ib. Deposit for arms, 214; two deputy-lieutenants, ib.; one justice of the peace, ib.; marking and losing arms, 215; buying and selling arms, ib.; place and day of exercise, 216; account of monies, ib.; regi- mental stock, 217. Actions, in whose name, ib.; fines and subscription, ib.; distress, ib. ; justices, their powers, 218. Delivery of arms, &c. ib.; money paid by receiver-ge- neral, 219; clerks, their reward, ib.; how certified, ib.; members of parliament, 220; forms of returns, ib, ; counties and cities, ib. CONTENTS. xi Char. VII. CASES, 221, 233. MºMickar against Earl of Galloway, February 27, 1801, 220, 223. Dawson against Monro, November 18, 1801, 223, 225, Cheaves against Duke of Gordon, July 11, 1804, 225, 228. Elliot agst. D. of Buccleuch, Dec. 15, 1807, 228, 231. M“Farlane against deputy-lieutenant of Lamark, 1808, March, 231, 233. CHAP. VIII, SEAMEN, OR THE MARITIME STATE, 234, 276. § 1. IN GENERAL, ib. 236. Laws of Oleron, ib.; first naval battle recorded in British history, 235; David I, ib.; Alexander III, legislative enactments, 236 ; ship-building, 237; large ships built in Scotland, 239. 2. SEAMEN IN THE NAVY, 239, 242. Personal execution, 240; convicted of swearing, 241; settlements, ib, ; disturbance in the yards, ib.; per- sonating seamen, ib. ; Greenwich hospital, 242. 3. SEAMEN IN THE MERCHANT SERVICE, 243, 244. Penalty and imprisonment, ib.; absenting himself with- out leave, 243. 4. ALLOTMENT OF PAY TO SEAMEN'S FAMILTEs, 244, 254. Orders, how signed and transmitted, 246 ; change of residence, 247; warrant, ib.; certificate from minis- ter and elders, ib, ; monthly payments, ib. : increase of pay, ib.; in case of disrating, 248; revoking, ib. ; wife behaving improperly, ib.; if there be children, ib. ; if wives desert their children, &c. other persons may be appointed, 249 ; wife dying, and leaving children under 14, three certificates and orders to be made out, ib.; person appointed to receive pay for children may apply for the same, producing certain papers, 251 ; wife dying, order is void, if demand is not made in six months, 252; officers neglect, &c. ib.; persons to whom orders are addressed, &c. ib.; delaying payment, or taking fees, ib.; over-payments Yii CONTENT8. to be made good by defaulters, ib.; navy board to communicate the death of persons, &c. on penalty of L.20, ib.; minister, &c. to give notice of the death of wives, &c. 253; payments to be made without de- duction, &c. ib. ; letters to be free of postage, ib. ; penalty for sending other things under such covers, ib.; forging orders for payment, &c. 254. § 5. SUPPLY OF THE NAVY WITH SEAMEN, 254, 255, King William's humane plan for that purpose, 254. 6. OF THE IMPRESS SERVICE, 255, 276. History, ib. Lord Mansfield's opinion, 256; founded on immemorial usage, ib. ; justified only from necessity, ib. COMMON LAW, 256. Lord Mansfield’s opinions, ib. Are there any exceptions from pressing at common law, 257; principle of the English decisions, ib.; decision of the Court of King's Bench in the time of Lord Kenyon, ib.; in England, may a seafaring man be pressed, though actually holding the office of head borough, or chief magistrate, at the time, in the place of his residence, ib, ; is the character of a seaman indelible, 259. STATUTORY EXEMPTIONS, 259. The three general statutes repecting pressing, 2 and 3 Anne, c. 6, 13 Geo. II, c. 17, and 2 Geo. III, c. 15, 259, 260. Age, above and below which no person can be pressed, 261; foreigners, ib.; for two years after a person first goes to sea, 262; distinction between a person who has been at sca, and who has not been at sea, prior to the indenture, ib.; apprentice in a fishing vessel, ib.; if protected only when actually in his master's service, ib.; English law with regard to pa- rish apprentices, whether applicable to this country, 263; must the indenture be shewn, in order to pro- tect the apprentice, ib. CONTENTS, xiii |Mariners in the West Indies, how far exempted, 266; penalty under 19 Geo. II, c. 30, on officers im- pressing protected men in the West Indies, ib.; if mariners in the West Indies have deserted from a ship of war, may they be impressed by any officer, or only by the officers belonging to the ship from which they deserted, 267. Before masters of merchantmen receive any mariner in the West Indies, what inquiries are they directed to make, ib.; penalty under 19 Geo, II, c. 30, in case of neglect, ib.; what lists the masters must deliver before setting out from this country on a voyage to the West Indies, 266. Exemption in favour of fishermen, 267. What was incumbent under 50 Elizabeth, c. 5, in a case of a commission to impress mariners, 267; four classes of fishel men exempted under 2 Geo. III, c. 15, 268,269; masters of fishing vessels, in what cases protected, ib.; apprentices, how many for each ves- sel, 267; mariners, ib.; landsmen entering on board a fishing vessel, how long exempted, 268. Greenland fishermen, ib.; what must common seamen find security to do, in order to enjoy the protection, ib.; harpooners, ib.; line-managers, ib.; boat-steer- ers, ib. ; does this protection extend to harpooners, &c. who are not so fitted out as to entitle them to the bounty, 169; protections not granted to super- numeraries, ib.; proper complement for each ship, ib, Protection in favour of those engaged in the coal trade, ib.; who are exempted besides the master, ib.; dur- ing what period of the year are they protected, ib.; penalty for pressing a protected person, ib. . Ferrymen protected in England at common law, ib. ADMIRALTY COMMISSIONS, 270. Press-warrants, ib.; customary instruction to pass mates, and masters of vessels of a certain size, ib.; if the vessel be engaged in smuggling, ib.; regular tions issued by the regulating officers to be observ- ed by protected persons, 271. xiv CONTENTS. Statutory regulations concerning protections, ib. &c.; is it necessary to have a protection from the admi- ralty, in order to enjoy the benefit of the legal ex- emption, 273. Redress competent to persons who are illegally impress- ed, 274; powers of the supreme court to prevent a person illegally impressed from being taken out of the country, 275. €HAP. IX. THE ARMING OF THE LIEGES, 277, 282. S 1. IN GENERAL, 277. King's prerogative, in ancient times, to call for the mi- litary service of his subjects, ib.: within what ages, and furnished with what arms, persons were to be ready to attend the call of the sovereign, ib. ; spe- cial regulations as to the manner in which persons of different rank were to be armed, ib.; anxiety to have the youth skilled in archery, 278 ; weaponshawing, how often to be made in each shire, ib.; mode of choosing officers for the persons enrolled, 279; this branch of the prerogative recognized by 1661, c. 5, ib. 2.43 GEO. II, c. 55, 279, 282. Duty of lieutenants and their deputies in procuring returns of carriages, and things useful for an ene- my, 280; removing of persons who cannot remove themselves, ib. ; in case of actual invasion, 281 ; treating with the owners of ground necessary for the public service, ib.; powers of two justices, where the owners cannot treat, ib. ; mode of ascertaining com- pensation, ib.; where the ground can be taken with- out the owner's consent, ib.; the ascertaining of the value of the articles taken or injured, ib.; power of two justices, where the party is unwilling to accept of compensation, 282; power of one justice to pu- mish the obstruction of the execution of the act, ib. €har. X. OF MANUFACTURES, 283, 284. § 1. IN GENERAL, 283. Chap. XI. OF THE LINEN MANUFACTURES, 285, 308, § 1. IN GENERAL, 285. 2. INSTITUTION OF TRUSTEES, 286, 287. CONTENTS, XV Power of trustees, 287; any one justice may grant search warrant, ib.; naming the cloth, ib.; justices, &c. neglecting to execute the act, ib. s3, LINTSEED AND HEMPSEED, 288, 290. Damnified, 289; £5 penalty, 10 pecks sale of, ib.; certificate, ib.; Scotland, damnified lintseed of, ib.; by what measure, ib. 4. LINT AND FLAX RAISERS, 290. 3. HECKLEMAKERS, ib. Name of the maker, 290, 291. 6. WHEELS AND REELS, ib. Freedom of trade, ib. 7. YARN AND WORKMEN THEREIN, 291. Search, ib.; pigeons dung, ib.; false reeling, ib. 8. LOOMS AND REELS, 293. 9. WEAVERS; THEY MUST FIND SECURITY TO WEAVE ACCORDING TO LAW, ib. 10. LINEN CLOTH, 294. Insufficient cloth, 295; warp yarn, 296; woof, ib.; proof that it is not foreign, ib.; bleaching stamps, ib.; stamps, ib.; proof of importation, 297; goods in private custody, 298; cambrics, ib. 11, STAMPING. ib. 303. Maker's name, ib.; penalty for not stamping, 299; within 24 hours, ib.; stampmaster’s responsibility, ib.; may detain the cloth, ib.; unavoidable damage, 300; searching, oaths and proof, ib.; cambrics, how stamped, 301; fraudulent stamping, and report to the commissioners of excise, ib.; counterfeit Stamps, penalty and pillory, 302. 12. LAPPING WET CLOTH, &c. 303, 304. 13. OFFICERS, ib. 14. TRIAL, JUDGES AND WITNESS, 304. Actions, penalty, 805. Shar. XII. OF THE JURISDICTION of THE JUSTrces rw *ELATION TO THE WOOLLEN MANUFACTURE, 306, 308. § 1. IN ENGLAND, 307. 2. IN SCOT LAND, ib. Pimensions of woollen cloth, 309; stamps for woollea xvi. CONTENTS. cloth, 310 ; quarter sessions, stampmasters not to trade, counterfeiting stamps, dean of guild, ib. § 3. PENALTIES, ib. How levied, appeal, 314; cloth or woollen goods stolen from the rack or tenters, 312 ; appeal to the quarter sessions, ib. Cuar. XIII OF THE JURISDICTION OF THE JUSTICES IN IPELATION TO THE LEATHER MANUFACTURE, 313, 333 § 1. IN GENERAL, ib. Not to exercise the trade of a tanner, shoemaker, &c. at once, ib. 2. PENALTIES AND FORFEITURES, 314. 3. At’ſ’OINTMENT OF INSPECTORS, 315. Injuring of hides, one inspector, and fees for marking, bringing the hide to the place of inspection, 317 disputes settled, and leather maker summoned, 318; decision in 24 hours, expences, and application of the penalty, distress, &c. 319. car. xiv. SEDUCING ARTIFICERS TO LEAVE THE KING- DOM, 324, 330. s 1. 1,EAviNG THE KINGDOM, ib. 326. 2. EXPORTING TOOLS, 326. Caap. XV, OF THE JURISDICTION OF THE JUSTICES INT RELATION TO THE CUSTOMS, 331, 339. § 1. IN GENERAL, 331. Definition, ib: ; origin of the name, ib.; early mode of taxation, ib. ; most popular, 332. First consolidation act, 332. 2. FORMER DUTIES TO CEASE, BY 43 GEO. III, c. 97, ib. 335. Fish caught by British ships, 333; drawback to navy officers, and duties on goods which might have been housed, ib.; entry may be amended if no fraud was intended, ib. 3, JURISDICTION OF THE JUSTICES, Two OR ONE, 335. 4. PROCEDURE, 339. CONTENTS. xvii ©HAP. XIV. OF THE JURISDICTION OF JUSTICES OF PEACE IN ItELATION TO THE EXCISE, 340. § 1. IN GENERAL. * Its nature, ib. ; original establishment, ib. 2. CONSOLIDATION ACT, 43 GEO. III, c. 69, ib. Barrel, its contents, 343; retailer's barrel, 344. 3. JURISDICTION OF THE JUSTICES, ib. 4. JUSTICES COMPETENT, 347. Residing near, what it means, 348. 5. 1 NFORMATIONS. If the king commence his suit, 349; under the ex- cise laws only officers can sue, 350; entered verbal information, and record thereof, 351; certainty of information, and must the statute be recited, 352; if the indictment be well aid, in part only, and if the proof be partial, 358; where the du- ties differ according to the quality of the liquor, 354; limitation as to time, ib.; forum, 355; indorsation of warrants, 357; certain offences triable anywhere, ib. ; citation; summons, 358. 6. PROOF. Citation of witnesses, 359; what evidence competent in excise questions, ib.; onus probandi, ib.; decree in absence, 360; if he attend, ib.; cross questioning the witnesses, ib.; evidence must be taken in the hearing of the defender, ib. 7. JUDGMENT. Must make the fact appear to the court of review, 361; Judgment signed, ib.; conviction to be reported to the quarter sessions, ib.; need not state the distribu- tion of the penalty, ib. ; compounding, 362; miti- gation, 363; to compound in certain cases, would make the offender a gainer by his fraud, 365 ; judge- ment must be given for the whole penalty, ib. ; costs, ib. xviii CONTENTS. § 3. ExECUTION, 367. Practice in Scotland, ib.; distress, ib.; utensils, &c. liable to debts, 395; personal arrest after a warrant to seize utensils and goods, 369. 9. REVIEW. Appeal from the justices and from the sub-commission- ers, 370; when competent for the justices, 371 ; forum, 373; supreme courts, 374; different prin- ciple between their review and that of the quarter sessions, ib. 10. PROVISIONS IN FAVOUR OF OFFICERS, 374. Limitation of actions, 375; general issue, ib.; treble costs, ib.; a month's motice, 376; officers may tender amends, may plead such tender in bar, 378; plaintiff limited to the notice, 379; if he neglects to tender amends, ib. ; or tender insufficient. 11. SELLING OF LIQUORS, 48 GEO. III, 379. Excise duties granted on licences, granting thereof, 380; when licences to be renewed, ib.; executors may sell under former licences, 381; one licence within the year, ib. ; excise licences not to be granted, ex- cept to persons to whom magistrates have granted licences, ib.; not to repeal any regulation as to li- cence granted by magistrates, 382; licences granted to continue in force for the term for which granted, ib.; clerks to justices to take the same fees as before, 383; collectors and officers not to take fees, ib.; no person disabled from keeping such houses by conviction shall sell exciseable liquors, ib.; recovery of penalties, ib.; powers of former acts applicable to this, ib. ; application of duties, 384; Highland dis- tillers, 385; Lowland, ib. TREATISE ON THE OFFICES OF JUSTICE OF THE PEACE, ; AND COMMISSIONER UNDER CONSTABLE, THE COMPREHENDING COMMISSIONER OF SUPPLY, IN SCOTLAND. BOOK W. PUBLIC POLITY. CHAP. I.-Of the Cess or Land-Tax. I. The cess or land-tax is not of great antiquity in this. § 1. gº HISTORICAL country. The royal demesnes and the casualties of su-j periority enabled the sovereign to support the dignity of the crown; while the routine of civil affairs and admi- nistration of justice, as well as military service, were car- ried on by the instrumentality of feudal vassals, agreeably i. feudal o te 1IIłęfle to their respective tenures." IIl BUT, in feudal times of greatest purity, the vassal grate- * See the sources of the royal Public Law and Constitutional His- revenue under the feudal govern- tory of Scotland, p. 42. ments detailed by Dr. Stuart in his WOL. III, A. 2 PUBLIC POLITY. BOOK W. § 1. Iſ ISTORICAL VIEW, fully and effectually aided his lord on every contingency of extraordinary expence; as, when his eldest daughter was married, when his eldest son was made a knight, or Pecuniary when the lord himself had to be ransomed from captivity: "..."on which occasions, it hence came, in process of time, to the feudal be considered a bounden duty for the vassal to contribute. lords. I’irst in- Accord (Ngly, the first national taxes in this country, stances of took place on occasion of such national emergencies; as, for national l l * l orni º e l e de de hi I ... example, the redeeming our national independence, which had been surrendered as the price of William the Lion's ransom from captivity; raising the 14,000 merks, the mar- riage portion of the daughter of king Alexander III. And even the tenth of the rents, gratefully granted to king Ro- bert Bruce during his life, was an extraordinary supply, to meet the peculiar emergencies of that eventful period. HENCE such supplies, even after they had become taxes, still retained the ancient name of aid and benevolence; and, what is more material, hence, too, the national coun- cil exercised the power of judging of the cause and mea- sure of the grant.” By what DownwARD till the civil wars between Charles I and his rule nation- .l: is º •+. al subsi ...parliament, the landholders paid their proportion of the were paid. public subsidies or tax to government, agreeably to the old a Thus, in the indenture between Robert Bruce and the parliament, he lic Law and Constitutional History of Scotland. It is also largely quoted petit aheisdem ... placeret eis, ex sua debita gratitudine . . . and they consi- dering petitionem esse rationabilem at- quejustam... gratanteretbenevole con- cesserunt et dederunt, &c. See this fa- mous document in lord Kames’ His- torical Law Tracts, App. No. 5; and in the Appendix to Dr, Stuart's Pub- in the Essay on the Origin and Struc- ture of European Legislatures, Edin. Trans. Vol. i. p. 150, with a view to the evidence it affords in the interest- ing question concerning the consti- tuent members of the national as- semblies, under the ancient Gothic constitutions, ch: 1. cess, on LAND TAX. 3 extent;" i. e. the valuation of lands that, on the occasion already mentioned, had taken place, in the reign of Alex- ander III. But the casualties of superiority were a subsequent valuation, called the new extent. The retours of lands (or verdict of the jury, respecting the right of the heir to succeed to his ancestor's estate), therefore, always specify, not only the old extent quantum valuerunt tempore pacis, that is, in the reign of king Alexander III, but the new extent quantum nunc valent. luation could long remain a true standard of the present value. The act 1474, c. 56, therefore, required retours to What re- specify “not only quhat the land was of avail of the auld,”. y but also, “the very avail that it was woorth, and gives the old and “ day of serving the said brieve.” BUT, whereverlands had oncebeen retoured, in obedience to this statute, it became customary on every subsequent oc- casion, to insert the sum mentioned in the former retour of the nunc valent; and where there were no retours subsequent to 1474, c. 56, the new extent was usually fixed by quadru- pling the old, and called, on that account, the fourth mail. DURING the struggles between king Charles and his par- liament, there were imposed, by authority of the latter, monthly assessments, according to a new valuation made by commissioners appointed to inquire into the “true worth of * One half of all taxations on land was payable from the church lands, which, never having been valued with the temporal lands, were assess- ed, agreeably to the value of the seve- ral benefices, as they stood upon a roll, called Bagimont's roll. * James III, parl, 7. * President Balfour says, “Gene- ** rallie ane merk of auld extent sould “be estimit to ane pound of new ex- “tent.” (Pract. p. 430.) Mr. Wight thinks it probable, that different pro- portions were observed in different counties. (System of the Law concern- ing Elections, &c. B. iii, c. 2, p. 163.) HISTORICAL, WIEW, paid, agreeably to By what rule casual- ties of supe- riority were paid. But no subsequent va- New extent new extent c Fourth mail. A 2 4. PUBLIC POtirir. BOOK W. *... “ all rents to landward, as well of lands and tends as of VIEW, “any other thing, whereby an yearly profit in commodity “ ariseth.” ºver. By two acts of Cromwell's parliament, imposing taxation Every upon Scotland, every shire was burdened with a certain quota shire. of the general assessment; it was to be proportioned by the commissioners among the several landholders, according to the rates at which the respective landholders were valued. * The old extent, however, was made the rule of levying aside. the assessment laid on by the act of convention 1665. But only two years after, it was finally laid aside, the new tax imposed by the convention 1667 being raised by assessing each county, nearly in the same proportion which had been fixed by Cromwell. Commis- THE commissioners were directed, in proportioning the sioners di- rected to rectify for- Imer valua- tions. tax, to proceed according to former valuations, where they appeared equal and just, and to rectify them where they appeared to be erroneous, and also to make new valuations where estates had been dismembered, and conveyed to dif- ferent proprietors. The rule laid down by this act has ever since been followed. f -VALUED RICNTs THE rent fixed by those valuations is called the valued rent, in contradistinction both to the old and new extent,” and with us, as the valuation 1692 in England, has ever since remained the rule of assessment. By the article 9th of the Union, it is provided, that * The various statutes to this pur- pose, passed betwixt the period of 1640 and 1650, and the proceedings of the commissioners, appointed by one of these acts, parl. 1649, c. 21, particularly those appointed by the shire of Banſf, remain among the re- cords of the Iower parliament house. * And those entitled to be inrolled are freeholders, whose lands are rated at £400 Scots in the valuation-books of the county, as well as those who are possessed of a retour of 40s, land of old extent, retoured prior to 1681, or according to the said valuation of Alexander III. CH. I. CESS, OR LAND-TAx. 5. “ whenever the sum of £1,997,763: 8: 44 shall be raised s 1. “by the land-tax in England, that Scotland shall be charg- " “ed by the same act with a further sum of £48,000 free of Articles of “all charges, as the quota of Scotland, to such tax, and so the Union. “ proportionally for any greater or lesser sum raised in Eng- “land, by any tax in land and other things usually charg— “ed, together with the land; and that such quotas for Scot- “ land, in the cases aforesaid, be raised and collected in the “ same manner as the cess now is in Scotland, but subject “to such regulations in the manner of collecting as shall “ be made by the parliament of Great Britain.” Accordingly, acts of supply laying that sum of 4947,954; 1 2 upon Scotland, by an eight months cess, of £5994: 5:13 in the month, have, ever since the Union, been passed yearly, till the 38th of his present ma- jesty, which made the land-tax perpetual. By the last supply act (38 Geo. III, c. 5), £47,954: 1: 2:...” was ordered to be levied by an eight months cess, of enr. 485994: 5:13 sterling per month, out of the land rent of Scotland for the year 1798; and c. 60 enacted, that the several and respective sums of money charged by virtue of said act, should continue and be levied and paid yearly to his majesty, his heirs and successors, from the 25th of March in every year for ever, but under redemption; and the provisions and directions contained in the former act, so far as not altered in the latter, were to remain in full force as if particularly repeated and re-enacted. This sum, therefore, of £47,954 : 1 : 2, thus made a perpetual bur- then on the country, is payable, partly by the boroughs, and partly by the counties or stewartries, in the propor- tion fixed by the statutes.” II. In the boroughs, the tax is collected by stentmasters, s 2. IN THE Bee * See Append, III. |NOUGMe A 3 6 PUBLIC POLITY, BOOK,y. § 2. IN THE RoRough, wº-WHO AS- $ESSES, s-STENT's MASTERs, THEIR. I) UTY, *RULE OF AğSESSINGs who, originally, were appointed by the whole inhabit. ants" of the borough. Afterwards they were chosen by the town-council." But, by the convention 1667, and all the subsequent cess acts, they are to be chosen by the magistrates. The duty of the stentmasters is, “to stent their nich- “bours;” or, “to set the stent upon the burgesses and in- “habitants, and to make a stent-roll thereupon as effeirs.” THE rule laid down is, “ that every person within “burgh shall be taxed and stented according to the avail “ and quantity of his rent, living, goods, and gear, which “he hath within burgh.” By the first, is meant the rent of houses; by the second, the profit of trade or of a call- ing; and the last explains itself. Thus, within borough, the inhabitants pay land-tax according to their supposed personal property.' ' * The act James VI, parl. 15, 1597, c. 281, directs letters to be “ direct, charging all and sindrie in- “ habitants of ilk burgh to convene , “ and elect certaine persons to stent “ their neighbours.” * 1633, c. 2. c 1597, c. 281. d Act of convention, 1665. • Ibid., * About the time of the Revolu- tion, the land-tax paid by the city of Glasgow was levied in the following manner: When this tax was eight months cess, there was exacted of it from the proprietors of houses 10 per cent. of the gross rent payable to them, which commonly amounted to about one half of the land-tax, and the remainder was paid by the mer- chants. But this 10 per cent. of the gross rent being fixed upon the land- holders as the constant rule, came, by enlargement of the town, to be sufficient for the whole hand-tax ; and by this means it came, that for many years the traders were relieved from paying any proportion of the land-tax. Proprietors of houses within the city of Glasgow brought a process of declarator, concluding, “that the “ practice of laying the whole land- “ tax upon the landed interest, ex- “ empting altogether the trading in- “terest, is illegal and oppressive; “ and therefore, that the traders ** should be stented in two-thirds “of the land-tax, because the profit “ of the trade of Glasgow is much “ more CH• Is cEss, or LAND TAx, 7 III. The proportion paid by the counties is raised E * * , t * * gº SHIRE's out of the subjects valued by the commissioners appointed ** more than double the rent of the ** houses.” The defence was, that the convention of the royal boroughs has, by law, power to divide the whole quota of cess, payable by the boroughs, upon each respective bo- rough, according to their discretion; and that the magistrates of each bo. rough have power, according to their discretion, to stent and proportion the cess upon their inhabitants; that such discretionary powers cannot be chal- lenged before the court of session, upon the footing merely of inequali- ty, which would be denying the ma- gistrates to have discretionary powers, and therefore that this declarator can- not be sustained, until it could be made out, that the proceedings of the magistrates were partial and unjust, of which there is not the least ap- pearance in the present case. It was decided, that not only the houses and lands, but likewise the burgesses, in respect of their trade and manufac- tures, are liable in payment of the cess ; and that the magistrates and their stentmasters ought to rate the same upon the heritors and burgesses accordingly. The magistrates, during the pro- cess, apprehending the cause would go against them, altered their mea- sures so far, as to direct the stent- masters appointed for levying the cess, anno 1758, to lay one-ſourth upon the trade, and three-fourths up- on the houses. But the landholders, considering this as still an unequal allocation, applied to the court, after obtaining the foregoing decree, pray- ing that the proportion to be paid by each should be ascertained. But it was considered “neither necessary “ nor proper for the court to give “ more particular directions to the “ magistrates of Glasgow, for pro- “ portioning the cess betwixt the he- “ ritors and other burgesses, than ** what is contained in their interlo- “ cutor.” (Kames’ Decisions, v. iii, 15th June 1759, No. 154), Lord Kames, who reports this de-, cision, did not approve of it; on this principle, that from the begisning, the method of levying the cess with- in boroughs has been, to tax indivi- duals, and not classes or societies- Magistrates have no power by law to allocate the larid-tax, whether equally or unequally, upon houses and upon trade. “The commission- “ers for a shire have surely us exten- “sive powers as the magistrates for a “ borough. Yet theformer never pre- “tended to split the cess betwixt the “ nobility and gentry, nor to allocate “so much of iton each particular pa. “rish. If the magistrates of a burgh “can, by their own arbitrary will, “ without having any rule, dividethe “cess betwixt the proprietors of “houses and those who live by com- “merce, they may subdivide it be- ** twixt the manufacturers and trad- “ ers, or order it to belaid on by quar- * ters of the town. In a word, thema- “gistrates cannot give any lawful in- ** struction to the stentmaster, other “ than to make a stent-roll, valuing “ the rents, living, goods, and gear, “ of each individual.” (Ibid). § 3. 8 PUBLIC POil TY, BOOK W, § 3. SHIRE's *—W HAT y by the act of convention 1667, that is, land or subjects con- nected therewith, yielding a yearly revenue. g | By the act 1649, the subjects to be valued and assessed *** were, “money rent, victual rent, casualties paid by tenants, “ and casual rent of coals, salt, and salmonfishings,and other “fishings,whereby there is an yearly profit.” But, by an un- printed act, parl. 1681," it was declared that coal and salt Temporary are not to bear any part of the supply. Temporary rights, rights. therefore, bear no longer any part of the tax, which rests upon perpetual rights alone. But as the sum imposed upon each shire was made unalterable, that part of the tax which was originally laid upon temporary rights must have been added to the tax laid on the perpetual rights by the commis- sioners of supply.” Upon the same narrative, that “by the supply hereby “granted, the land rents, and boroughs of this kingdom are “ only burdened; and it being reasonable that personal es- “tates, in money, should bear some proportional burden.” the Scots act 1706, c. 2, and the subsequent British sup- ply acts, statute and ordain, “that every debtor owing mo- * The king's majestfe, and estates of parliament, taking . to their con- sideration several petitions addressed to them, complaining of the iniéqual- itie of the valuation of lands in di- verse shires, several lands being ex- orbitantly valued, and others far be- low the true value, doe hereby au- thorise the lords of his majestie's privie council, upon application to be made to them by the commission- ers of supplie in any of the shires, or major part of them, to grant warrand and commission to the commissioners of supplie or excise, or such others as they shall think fitt, to take tryel of such inequal valuations, and, after tryel, to re-value and rectify the valu- ation of the shire: And it is hereby declared, that coal and salt is not to bear any part of the supplie, provid- ing always, that the total of the shire be keeped entire, without any dimi- nution; and his majestie's privie council are hereby authorised to name and appoint commissioners of excise or supplie in the several shires, as they shall find cause, upon appli- cation of a quorum of the commis- sioners. * Kames' Dec. v., iii, p. 49. CH, i. CESS, OR LAND-TAX. 9 “ney within this kingdom at six per cent. of interest shall; ...” “ in the payment of his annual rents, have retention in his". “ own hands of a twelfth part of six per cent, this retention***** “ to be from the term of martinmas next to come to .” This clause never appears to have been carried into effect. The insertion still, after the rate of interest has been repeatedly lowered, is a striking instance of the inclination to adhere to old phraseology. IN England, the land-taxis raised, 1st, on personal estates, InBngland. to the extent of 4s. in the pound, viz. 20s. for every £100, in money.orgoods of thatvalue. 2dly, Onoffices and pensions, to the extent of 4s. for every 20s, yearly income. 3dly, On real estates, including every species of property or income arising out of, or connected with land. . And, therefore, supply acts are, since that time, annually passed, for rais- ing the same rate as formerly of 4s. in the pound, viz. 20s. for every £100 of personal property, and 4s. in the pound for every 20s. of offices and pensions. But these acts are so far from extending to Scotland, that they contain the clause inserted in the former land-tax act, viz. “ that this “act shall not extend to the inhabitants of Scotland, Ireland, “Jersey,or Guernsey, for assessing any such personal estate “which they, or any to their use, have within those places, “for or towards the said sumhereby charged upon England, “Wales, and Berwick-upon-Tweed, as aforesaid.” f IV. At a period of great moment and difficulty, it was s 4. judged proper to pass a statute for the redemption of theºr- land-tax; a measure of policy, which proposes at once to”. promote the interest of the individual and of the public.” The statute 38 Geo. III. c. 60, which introduced, and sub- sequent ones,” which corrected and explained, this measure * See Mr. Harrison's Analysis of b 39 Geo. III, c. 6 and 21 ; and the Act 38 Geo. III, c. 60, 41 Geo. III, c. 72, £0 PUBLIC POLITY. BOOK “V. s 4 were all repealed by the 42 Geo. III, c. 116, which appears .”" to have attained all the perspicuity and precision that can be expected in a thing of such variety and extent. THE particular explanation of this statute, which, of it- self, makes a volume, and, with Mr. Harrison's explanation, is furnished by government to those called officially to act under it, would be improper here. But, not to appear to overlook entirely so important a matter, though of tempo- rary concern, the duty of the respective officers, in the exe- cution of it, may be briefly mentioned. .." . Commissioners for executing the act are appointed un- For its der the royal sign manual. They are chosen by his ma- *jesty from the commissioners of supply of the respective How antiac, a * chosen, COunties. THEIR various duties, as well as those of the receiver. general, commissioners of the affairs of taxes, commissioners for the reduction of the national debt, under the statute, are particularly stated therein, and shall not here be repeated. Descrip- PERsons intending to redeem their land-tax are directed" tion of the tº º ë tº tº t land. to produce a schedule, or description in writing, of the lands, or other property, the name or names of the occupiers thereof, and the parish or place where they are situated, to any two commissioners of supply, or to the chief magistrate Adjust the of the city or borough, who shall adjust the amount of the *...* land-tax charged upon the respective lands, or other pro- tax. perties contained in such schedule, distinguishing according to the form and method in the schedule annexed to the said act, and marked (A.), the district or division, and also the parish or place within which, and the lands or other property * 42 Geo. III, c. 116, § 5. b S 17. CH. I. CE.8s, OR LAND-TAX. 11 upon which each separate assessment of land-tax shall be $4. charged, and shall grant a certificate thereof." * —42 G. III, The commissioners of supply are farther directed to ad-* * just the proportion of land-tax to be borne by proprietors Fee-farm of fee-farm rents, feu-duties, or other rents, or any tene-" “ ments or hereditaments which have not been distinctly as- sessed to the land-tax; and, on their production of their certificate, the commissioners for redemption may contract for the parties.” w They must continue to insert, in the certificates of as- sessment, the whole of the land-tax charged on any place or parish, notwithstanding the discharge of any part thereof, till the redemption of the whole thereof; and they are to receive from the officer of commissioners for the affairs of taxes a duplicate of the land-tax redeemed or purchased." AND in case of any land-tax again recurring, and becom- ing chargeable on any lands, &c. the commissioners of land- tax or supply, or chief magistrate within borough, are re- quired, within six kalendar months after such land-tax shall be so revived, to deliver, or cause to be delivered, a schedule or duplicate in parchment, under their hands and seals, to the receiver-general for the county, riding, division, or place, * Schedule (A). Form of the cer- tificate of the amount of the land-tax, and the lands upon which it is assessed. A. B. and C. D. two of the com- missioners of land-tax acting for the division of in the county of do hereby certiſy that the lands [briefly describing the lands and hereditaments chargeable] are charg- ed with land-tax to the amount of [and if more parcels of land- tax than one, repeat the description, and that the messuage and lands, [briefly describing the same], are charged in like manner, to the a- mount of making in the whole the amount of l * S 35. • Š 74, 12 public roLity. Book v. § 4. TºI2EMIP- TION, or to the receiver-general; and shall transmit, or cause to be transmitted, a like schedule or duplicate into the barons —43 g. iii, of exchequer, which schedule or duplicate shall contain and e. 116. Commis- sioners of appeal. specify the amount of the tax so revived and again become chargeable, and the year in which, and the period from whence such land-tax shall have been revived. And in case such land-tax shall have been revived, from any period preceding the commencement of the year in and for which such schedule or duplicate shall be made out, such schedule or duplicate shall also specify the amount of the arrears of such land-tax, upon the commencement of such year as aforesaid, distinguishing the amount of the land-tax so re- vived, and again become chargeable, from the amount of such arrears as aforesaid." # * \ º In cases of abatement, they shall make an assessment, º \ * > specifying such abatement. A. , , - º - , ‘j i . . . . * CoMMissionERs for appeals must be commissioners of ſº e & * - b 3. supply, as also justices of peace for the county." Any person aggrieved by any determination of the com- missioners, with relation to the redemption or purchase of any land-tax, where the consideration shall not exceed £500 stock, may appeal to the commissioners of appeal at the next petty sessions, and their order shall be final." Commission- ers of appeal may have the advice of counsel, who are to be paid by the party who loses his cause; and the commission- ers have power to award costs. Where the consideration, again, exceeds .6500 stock, the appeal is by summary appli- cation to the court of session of exchequer. The payment of the sums awarded may be enforced by distress and sale. -susness. Justices of peace also have certain functions committed .* S 168. * S 196. • S 197. CH, I, cess, or LAND-TAx. 13 to them in the execution of this act. By section 46th it is sº. enacted, that the land-tax on lands mortified to charitable” purposes may be redeemed out of the poor-rates, with theº; e. IIIs approbation of two justices; as may also trust property forc. 116. the benefit of any place, be applied in redemption of the land-tax, on lands settled for the benefit of such place, which shall be charged with the annuity equal to the trust property so applied; such application and charge of annui- ty being made with the approbation of the justices." AND by section 190, it is provided, that penalties not ex- ceeding £50, (other than to the party aggrieved) may be sued for before any two justices for the bounds, who shall Two jus, hear and determine the matter; they are required and au_*: thorized, upon any information exhibited, to summon the party, and also the witnesses on either side, and upon due proof, either by voluntary confession of the party, or by oath of one or more credible witness or witnesses, to give one wit. judgment; and they may issue their warrant for levying” the same on the goods of the party, and commit him to pri-Execution. son for six months, in case the goods belonging to him can- not be sufficient for answering the penalty. An appeal is Appeal. competent to the next quarter-sessions, on giving security to the amount of the penalty and forfeiture, and also of the expences which may be awarded in case the judgment be affirmed, who are finally to hear and determine the matter. If the next quarter-session shall be within six days after conviction, the appeal may be made to the next subsequent quarter-sessions." IF witnesses neglect to appear, or refuse to give evidence, each so offending shall forfeit 40s. for every such offence." * S 16, 47. * $ 199. “.S 191. 14 PUBLIC POLITY. Boök'v. § 4. REREMPs, TION, After the six months, no penalty or forfeitüre (other than to the party aggrieved) shall be afterwards recover- -** in able, except in the name of his majesty's advocate, in the c. 116. § 5. TROPERTY TAX, court of exchequer; the whole penalties to belong to his majesty. , I LAND-TAx under £25 may be redeemed by a consider- ation in money, to be ascertained by certificates to the re- ceiver-general of the price of stock in the week preceding, All stock of £25, and above that sum, can be redeemed only by transferring of stock.” W. BEFoRE closing this subject, it may be observed, that by the ninth article of the treaty of Union, the land-tax of Scotland was to bear a proportion to that of England as £48,000 is to £1,997,763; 8:4}, and that any future land-tax was to be apportioned in the same manner. By an act 39 Geo. III, c. 13, certain duties were laid upon income, including the rents of land; which act was afterwards repealed by 42 Geo. III, c. 42; and a new tax was laid upon property of every kind, including land, to take place during the war with France, by 43 Geo. III, c. 122; just as, instead thereof, a tax of ten per cent. on an- nual income, has been laid on by 46 Geo. III, c. 65. It never was supposed that the above recited article in the treaty of Union is applicable to any such temporary im- positions laid upon income or property in general. By an account laid before Parlia- sioners, on account of the land-tax ment, it appears that £21,794,307 redeemed in Great Britain previous had been transferred to the commis- to 1st February 1805. CHAP. II. Of the Dividing of Valuations, I. The dividing of valuations is one of the principal departments belonging exclusively to commissioners of supply. The nomination of these magistrates, their qua- lification, appointment of their clerk and collector, times and place of their meeting, quorum, and other matters, pertaining either to the general nature, or to the correct and regular execution of their office, have been already taken notice of:" Here, therefore, only such things remain to be mentioned as are necessary to the proper division of valuations. As already mentioned, in place of the old method of tax- ation, not only the whole lands of the kingdom, whether. held of the king or of a subject, but also all real rights re- lating to lands, feu-duties, teinds, mines, fishings, were va- IN § 1. GENUſe RáL. lued. And the direction of the convention 1643, and of'." by conven- subsequent enactments, was to value the whole of everytion, 1643, one's taxable subjects in cumulo, that is, together. Lands, s Wol, I, Ce 10. 16 yºup LIC POLITY. BOOK We s 1. therefore, and other rights above mentioned, connected is ºr therewith, were never valued separately, unless they hap- Ls g & Tº M pened to belong to different proprietors. In a new method of levying the land-tax, tried by way of experiment merely, this was adopted as most expediti- ous. This new method was found to answer, and fol- lowed out by subsequent parliaments. Its incon- However, numberless re-valuations soon became neces- Ven 1611CeS. ſe Revalus. “” The value of temporary rights was perpetually vary- ©-Va. U18- & § e * tion, why Ing. And when different subjects which had once been necessary? valued in cumulo passed to different proprietors; when, On º: for example, a colliery or fishery was sold to one, and the 3ACCOUIntSe tº tº * * ” lands either retained or sold to another, it was necessary to value them separately. Remedy to IN order to remedy this inconvenience, by act of con- the incon- vention 1667, on the narrative, “ that where lands, teinds, ..º. “ or other real estate did, at the time of former valuations, luation* “pertain to one person, and are since dismembered and “ disponed to several persons in parcels, so that the value “ of each parcel in itself cannot be known from former “valuations,” the commissioners are empowered “ to va- “lue of new again, provided no alteration be made of the “total sum imposed on the shire.” Nominal But these re-valuations became still more frequent from .....political zeal, which put landholders upon the device of splitting their valuations, with the view of creating nomi- mal and fictitious votes. § 2. II. THE commissioners cannot divide a valuation, unless a'r WHAT ... either on the day of their first meeting, named in the act, *** * * or at a meeting of adjournment, or at a regular meeting I, UATION BE wivipmn ! CH. II. D1 V1SION OF VALUATION, 17 summoned by the convener.” But if a division, made by ... $.” e - AT WHAT a private meeting, be confirmed or homologated by a sub-º sequent legal meeting of the commissioners, it will be there- by validated." In one particular case, a division of valuation was sus- tained, though made at a meeting held on neither of these days.” III. The application is made by a petition, stating the amount of the total, or cumulo valuation, and praying for a * Wight, p. 193. 21st Feb. 1753, Abercrombie against Leslie. * 6th March 1754, Campbell a- gainst Stirling and others. • A division of valuation was made by a decree of the commission- ers of supply, and one of the parts being valued at £400 Scots, the pro- prietor thereof was enrolled at the Michaelmas head court. This en- rolment was complained of, on the ground that the decree was pro- nounced by an irregular meeting, be- ing neither the first meeting appoint- ed by the act, nor a meeting by ad- journment, nor a meeting appointed by the convener. There was, how- ever, a specialty. The land-tax act of 175I had appointed the 4th of June that year for the first meeting of the commissioners. That day was passed before the act came down ; and, as soon aſterwards as possible, the sheriff convened the commission- ers. The complainer replied, that what passes in the house of commons is presumed to be known to all the lieges, and that the commissioners, therefore, had authority to meet up- VOL. l II, B on the 4th of June, though the print- ed act had not then come down. The court of session, however, deemed the printed act the proper legal in- timation, as it was reckoned absurd that the neglect of publishing the act should be productive of a conse- quence so violent as that of freedom from the land-tax ; and they did ac- cordingly repel the objection. “I was not,” says Lord Kames, “ satisficq. The land tax is a debt which, in all events, ought to be levied ; and if it cannot be done in the regular way, another method must be substituted. The extra- ordinary powers of the commis- sioners are to be considered in a different light. No meeting is em- powered to split a valuation, but what is regular, in terms of the sta- tute. And if such a meeting cannot be had, there is no such necessity in this case, as in the former, to apply a renuedy. No loss ensues, save on- ly a year's delay in splitting the va- luation.” Innes of Sandside against Sutherland of Swinzie, 26th June 1753. Kames' Rep. V. iii, p. 56. 18 PUBLIC POL1'TY. BOOK W. § 3. division of it among the different lands to which it is appli- * cable, in order that the particular valuation of each may be proof al- separately stated in the cess-books. The commissionersupon lowed, this allow a proof of the real rents of the several lands, and grant their warrant for summoning witnesses to appear at Taken. an after meeting, to which they may adjourn. If wit- messes decline appearing, an application may be made to the judge-ordinary, who grants warrant of course. On that * diet they proceed to take the proof, after which they ge- nerally remit it to their clerk to split the valuation accord- ingly; and, approving of his report, they set forth in their #ºn decree, the separate value of each parcel, and order the same books to be stated in the cess-book, and the cess, i.e. land-tax, to be levied accordingly in time to come. Sometimes the commissioners appoint a committee of their own number to take the proof, and to give in a report to a subsequent meeting.” Who must IN a process of valuation, it is neither necessary to call be called in l 4 T l l b } ge ..] h b ... the tenants, even although, by their tacks, they may be damages, bound to pay the cess, nor the superior, although his po- litical interest may be ultimately affected,” nor the vassals, even although they pay the land-tax." This substantial interest of the latter, however, entitles them to bring an action for setting aside the valuation, on the ground that it is wrong and illegal. $ 4. IV. THERE are three methods of dividing a cumulo valua- ...” tion. First, the real rent of the several parcels at the time QUISITE. Three when the valuation was made. Secondly, the use of pay- $Ol'ts. ing the cess. Thirdly, the present rent. * Wight Election Law, p. 184. c Dec. 6, 1780, sir Walter Mont- * July 24, 1760, Hume against gomery Cunningham against Hamil- Broomfield. ton, of Sundrum. CHI, II. 19 DIVISION OF VALUATION. The first is undoubtedly the most accurate method, and is always to be preferred where evidence can be had. When the land rent in Scotland was valued, in order to lay on the cess, the cumulo valuation of each man's property within a parish was undoubtedly ascertained from a view of the rent paid by each farm, and, consequently, each farm bore a part of the cumulo valuation, in proportion to the rent then paid. If, at a distance of time, it becomes impracticable to ascertain the original rent, the commissioners must then re- cur to one of the other methods. The next rule is, the use of paying the cess, which, of a long standing, is presumptive evidence of the original" rent, because the use of payment is commonly ascertained from the real rent. The most exceptionable method is the present rent, which is a very uncertain rule, by the fluctuation in the value of estates.” W. It was mentioned above, that, at one period, the most a Put the case (says lord Kames), of two farms, of the same extent and original rent, which, belonging to the same heritor at the time of va- luation, were valued in cumulo at #:800. Both farms are feued out, and each feuer undertakes, as he ought to do, cess corresponding to £400 valu- ation. One of these feus, in process of time, is greatly improved, the other not at all, by which means the pre- sent rent of these two feus is very un- equal. The superior dispones the superiority of the feu which is im- proved ; and if the present rent were to be the rule of division betwixt the vender and purchaser, the former would have no vote, because so much Y REV II.W OF § 4. PRO OF • a Y MEN Te § 5. DUTYe as the purchaser's feu is valued above £400, so much under it must the other be valued. And yet had there been a regular division, while the memory of the original rent remain- ed, both must have been entitled to a vote. (Decisions, V. iii, p. 102, No. 76; 17th Jan. 1755, Campbell of Monzie against the freeholders of the county of Stirling). The valuation of Mr. Campbell's lands was divided by a proof of the payment of the cess. It was objected, that the com- missioners had done wrong in divid- ing by the use of payment of the cess, and not by the present rent. The court “repelled the objection.” B 2 20 PUBLIC POLITY, Book v. § 5. REVIEW OF I) UTY, frequent application for dividing valuations proceeded from political views. But the commissioners of supply being generally freeholders, were deeply engaged in the same controversy. They came, therefore, to imagine, that such applications, not made in the course of real business, but mere political devices, might be lawfully counteracted and baffled with the same views. Hence, what, in this coun- try, happily occurs not in the history of any other public functionaries, is very frequently taken notice of by Mr. Wight, in his account of the commissioners of supply, viz. packed meetings to serve a job. But commissioners of Sup- ply ought to discharge their public duty without attending to such considerations. IF commissioners of supply, therefore, refuse to divide valuations when regularly applied to, or to fix a meeting for that purpose, or to discharge any other branch of duty, redress is to be obtained from the supreme civil court. A small estate in the stewartry of Kirkcudbright, consisting of many parcels of houses, acres, &c. being split amongst a number of purchasers, they petitioned the commissioners of supply to divide the total valuation, for the purpose of ascertaining what proportion of land-tax each of them ought to pay. The commissioners, unwilling to split the land-tax payable for the whole into so many fractions, re- fused the petition ; but the matter being brought before the court of session, the convener was appointed to call a general meeting, in order to divide the valuation amongst these several purchasers.” May the commis- sioners re- fuse to divide? * 4th August 1757, Malcolm and others against commissioners of sup- ply ſor the stewartry of Kirkcud- bright. Wight, p. 186. Another instance occurred, nine years after, in the shire of Angus. The late earl Panmure, by twenty- two several dispositions, or feurights, conveyed as many parcels of his estate to his brother, Mr. baron Maule, for the yearly payment of a trifling feu- duty for each parcel ; and having thus divested himself of the property, obtained a new charter from the Crown, tº CH+. I1, 21 prvision of VALUATION, crown, upon his own resignation in favour of himself, his heirs and as- signees; after which, he granted con- veyances to twenty-two different persons in liferent, and to himself in fee, of the several lands formerly feued out to his brother. These life- renters, after being infeſt upon the precept in the earl's charter, applied to the commissioners of supply to di- vide the earl’s cumulo valuation a- mongst them, in proportion to the real rent of the lands severally con- veyed to them. The commissioners refused their petitions, upon the pre- tence, that a division into so many parts would occasion great and un- necessary trouble, and render the payment of the land-tax more diffi- cult and precarious; and that they were not bound to give encourage. ment to proceedings that were car- ried on with no other view than to create a number of nominal and fic. titious votes, contrary to the prin- ciples of the constitution, and to the express enactment of many salutary laws. The petitioners, upon this, applied to the court of session, by bills of advocation, and obtained an order in the following words: “The lords refuse to advocate ; but remit to the commissioners of supply to ascertain the value of the complain- ers lands, by disjoining the same in the cess-books from thc cumulo valuation of the estate with which they stand presently valued ; and appoint the convener of the commis- sioners to call a meeting, as soon as convenient, for that purpose.” And the commissioners having afterwards thrown fresh obstacles in the way, the Court, upon a new application, bronounced another order, in the following words: “The lords hav- ing heard this petition, they appoint mºvinw 9° the commissioners of supply for the” shire of Forfar, or any five of their number, to meet at the town of For- far, in the place where their meet- ings are commonly held, upon Thurs- day the 12th instant, by 10 o'clock forenoon, and no sooner, and to pro- ceed directly to expedite the division of the valuation of the several lands wherein the petitioners stand infeſt; and in order that the same may not be disappointed or postponed impro- perly, appoint the said commission- ers, or their quorum aforesaid, at their said meeting, to take proof of the real rents of the several lands, which the petitioners shall insist are necessary to be proven, by examining such witnesses as the petitioners shall, upon that occasion, adduce be- fore them, who, if any objection is made, are, notwithstanding, to be ex- amined, reserving the consideration of the objectionstill the division comes to bejudged of; and, after the proof is taken, appoint them immediately to proceed to determine upon the import of it, and make the division accord- ingly; and if the commissioners shall find it necessary to adjourn their meet- ing, by reason that a quorum of five of their number cannot be got to con- tinue together till the affair is con- cluded, the lords, in that case, allow, authorise, and appoint the adjourn- ment to be made to the first day there- aſter, that any five of the commission- ers shall declare their willingness to attend, who, in that case, are appoint- ed to meet at the sameplace and hour, and to proceed in the said matter with dispatch; and if any further adjourn- ment or adjournments are found ne- B 3 qessary, 22 BOOK We PUBLIC POLITY. § 5. Itºv IEW OF DUTY. vision, cessary, for the want of a quorum willing to sit longer, appoint the other adjournments to be made, according to the rule above directed, and dis- charge (i. e. prohibit) every other bu- siness to be taken up by the com- missioners at the said meetings, until the division of the petitioners valua- tion is concluded ; and declare, that no adjournment, made by the majo- rity of any meeting, shall hinder any five of the commissioners to proceed, who are willing; and, in the last place, appoint the clerk, by himself, or a depute, for whom he shall be answerable, to attend the meetings, regularly, while a quorum of five com- missioners continue together on the said affair.” 13th Nov. 1766, earl Panmure, &c. against the commis- Bioners of supply for the county of Forfar. This judgment was affirmed in the house of lords, 10th Feb. 1767, with £200 costs. Wight, p. 188. A similar order was given upon the 18th Dec. 1772, relative to a division of the duke of Gordon's valued rent, in the county of Banff. The com- missioners, accordingly, met upon the appointed day, but the majority, after stating certain objections, stop- ped further procedure. The minori- ty, however, went on, and made a division ; and the court of session justified their conduct, by finding, that they were authorized to proceed, in respect that the majorityaid not do so. But, if the majority had pro- ceeded to make a division, that di. however erroneous, must have been the rule, till rectified. Another case, of a like nature, oc- curred at the time of the general elec- tion in 1780. It was, however, at- tended with a peculiarity that gave rise to a warm contest. William Brown having acquired certainlands in the county of Ayr, neglected to get their separate valuation ascer- tained, till within twelve days of the clection for that county, which was held upon the 16th Oct. 1780. Upon the 4th of that month, he applied to the convener, to call a meeting of the commissioners of supply, for that purpose, and insisted, that it should be held upon Friday the 7th. The convener, who was in a different inte- rest, answered, “ That he was very willing to call a meeting of the com- missioners, as required, but that it was impossible for him to call itso soon as Fridayſirst, as he had never been in use of calling any meeting, without previously advertising it in the Glas- gow papers; and as he could not have an opportunity of advertising a meet- ing sooner than in the Glasgow pa- pers of the 13th October instant, he should take care to have it advertis- ed that day, to be held at Ayr, on Wednesday, the 18th instant.” Mr. Brown, and some others, in like cir- cumstances, complained to the court of session, by bill of advocation; and, on the 7th of the month, the judge officiating on the bills pronounced the following deliverance: “Having considered the within bill, petitions, and protest, in name of the com- plainers, and answer by the conve- ner of the commissioners of the land- tax for the shire of Ayr, refusing to call a meeting of the said commis- sjoners, as required so to do ; in re- spect there is not time for appoint- ing this bill to be seen and answer- ed in common form, refuses to ad- vocate; but appoints the commis- Sioners of supply of the shire of Ayr, OT CH. II. DIVISION OF WALUATION. 23 or any five of their number, to meet at the town of Ayr, in the place where the meetings are commonly held, on Thursday the 12th of Octo- ber current, at ten o’clock forenoon, and not sooner, and to proceed di- rectly to expedite the division, ascer- tainment, or approbation, of the va- luation of the several lands wherein the complainers stand infeft; and, in order that the same may not be disappointed, or postponed impro- perly, appoints,” &c. as in the order respecting the cases from the county of Forfar. Of this deliverance no intimation was made, either to the commissioners at large, or to their convener; nor was there any notice given of it, even to the clerk, till the very hour of the meeting, when a few of the commis- sioners, in the same interest with Mr. Brown, went into the court room, and in a short time ascertained his valuation to be £471 : 5: 2 Scots, and ordered it to be so entered in their books. At the meeting held for the election, upon the 16th of the month, Mr. Brown claimed to be enrolled ; and, in proof of his being possessed of the valuation required |by law, produced this recent decree. The majority of the freeholders, however, refused to enrol him ; and upon his entering a complaint to the court of session, their judgment was endeavoured to be supported chief- ly upon the following grounds: “That although the court of session might review the proceedings of the commissioners of the land-tax, yet here there were no proceedings to be reviewed; the matter that gave rise to the bill pf advocation, be- ing the exercise of an office, not the sentence of a judge; and that, REviFw of even when there was room for an P97X" advocation, still an intimation to the commissioners was necessary, so as that all of them might have an opportunity to attend. In the case of Malcolm and others against the commissioners of supply of Kirkcudbright, the convener was appointed to call a general meet- ing. And in the cases from the counties of Forfar and Banff, the collective body of the commission- ers had been regularly brought in- to court, and ordered to meet; and it was only upon their being re- fractory, that power was given to any five to proceed in the business: But here no intimation was made to the commissioners at large, to acquaint them of the time of meet- ing, nor was any notice given either to them or to their con- vener, of the application made to the court of session, upon which the order proceeded.” This argu- ment was also enforced by an ob- servation to the following effect: “That to give validity to such pro- ceedings, were to open a door for the greatest injustice. A person who had a job to carry through at the eve of an election, of which he could not expect the approbation of the commissioners at large, would be under no difficulty of ef- fecting his purpose, provided the convener was his friend; for, in that case, he needed only to get him to refuse to call a meeting, and then apply to the lord ordinary on the bills for authority to any five of the commissioners to pro- ceed ; 24, BOOK W. PUBLIC polity. S 5. REVIEW OF DUTYe ceed; as, in that event, he might keep the whole business a secret ſrom every commissioner of the county, except those in whom he could confide, and who might be willing to concur in his scheme.” This reasoning was, however, at- tended with no success. The objec. tions made by the frecholders were overruled, and Mr. Brown was or- dered to be added to the roll. The reporter of this case observes, “That * some of the judges thought that an opposite party ought to have been in the field, in order to give validity. to the judicial procedure; but as it was not alleged that the commission- ers had done any wrong, and as they had precisely followed out the mode pointed out by the lord ordinary, the court repelled the objection.” (6th Dec. 1780, Brown against Hamil- ton. F. R.) CHAP. III. Of Soldiers. I. In former times there were no regular armies in the ... § 1. & & IN GENERAL. country, wars being carried on by the feudal army, com- monly called the king's host, which were raised occasion-in feudal ally by proclamation; brought provisions with them for a** certain time; took the field at once, and encamped; and when the time of their service was over, disbanded, every man returning to his own residence. BUT in the progress of the feudal governments, the mi- litary service, both of the great barons and of their imme- diate dependants, came to be almost universally exchanged for a payment in money, which was employed to maintain those who served in their stead. Hence, in process of time, a standing army was introduced, first in France in Firststand- the reign of Charles VII, afterwards in England in theº. tº in modern reign of Charles II. Europe. UNDER the constitution of Great Britain, indeed, theo- retically speaking, there is no standing army; for although, 26 PUBLIC POLITY. BOOK W. § 1. in reality, the army be not annually disbanded, yet the ** annual consent of parliament is required to keep it in ex- istence;" it being expressly stated in the declaration of rights, “ that the raising and keeping of a standing army in time of peace, without consent of parliament, is contra- ry to law.” A very material alteration has been lately made" on the condition of soldiers, who were formerly enlisted for life, but now for a limited period, less or more, according to the nature of the service, viz. seven years for the infantry, ten years for the cavalry, and twelve years for the artillery, if the person enlisting is of the age of eighteen years or upwards; but if under eighteen, then the difference be- tween his age and eighteen is to be added to such seven, ten, or twelve years, as the case may be. But the statute contains this farther provision, that the soldier shall continue to serve for such farther period as his majesty shall please to direct, not to exceed in any case three years; and to determine whenever six months shall have elapsed of continued peace, subsequent to the expira- tion of the respective terms of seven, ten, or twelve years. It is an indispensable requisite to the establishment of an army, that there should be order and discipline main- tained therein, and that the persons who compose it should, for all offences in their military capacity, be subject to a trial by a court-martial, that is, a court composed of offi- Ce]"S. Mutinyact. To keep the army, therefore, in order, an act of parlia- * Tytler's Military Law, p. 7. * In the mutiny act that obtained the royal assent on the 21st of Junc 1806, and subsequent ones, this material alteration occurs in the clause containing the ſorm of the oath to be taken by the person ch- listing, CH. 111, SOLDIERS. 27 ment annually passes “ to punish mutiny and desertion, is º, ALs and for the better payment of the army and their quar- ters.” The first regular mutiny act was passed in the First one. reign of king William,” for the endurance only of six months. It has, however, from that time, with the ex- ception of a single interval only, of three years, during the reign of king William, been annually renewed by par- liament.” The object of the mutiny act, therefore, is to create a Its object. court invested with authority to try those who are a part of the army, in all their different descriptions: And the object of the trial is limited to breaches of military duty, which in all cases of capital punishment, are strictly defined; while, in other cases, where the degree of the offence may vary ex- ceedingly, more is entrusted to the discretion of the court; but the jurisdiction extends to no cases mot relating to the discipline of the army, leaving other offences and questions to the determination of the ordinary courts.” Thus, the pre-Different sent military law is totally distinct from martial law, proper-..." ly so called; by which every species of offence, committed by any person who appertains to the army, is tried, and even their debts subject to inquiry, not by the civil judicature, but by the judicature of the regiment or corps to which he belongs. The mutiny act empowers the king to “form articles of :º oſ war, and constitute courts-martial, with power to try any crime by such articles, and inflict penalties, by sentence or judgment, for the same.” This extensive power, how- ever, is limited to the making of articles “for the better go- vernment of the forces;” and, of course, can extend to no a 3d April 1689. * Lord Loughborough (earl Ross- * Tytler's Military law, p. 111. lyn, apud Tytler's Military Law.) 28 PUBLic polity. BOOK V. § 1. IN GENIERALs § 2. MUTINY ACT other cases than such as are thought necessary for the re- gularity and due composition of the army." MILITARY law, however, and the powers and duties of courts-martial, are foreign to our subject. It will be neces- sary, therefore, to consider only such parts of the mutiny act as impose duties on the civil magistrate. II. 1st, THE king may form articles of war for better —-articles. government of the forces, and constitutecourts-martial, with *—ENLIST- ING SOL- DIERS, Within four days. Aſter 24 hours. power to try any crime by such articles of war; but no per- son shall be adjudged to suffer any punishment, extending to life or limb, by the said articles, except for crimes ex- pressed to be so punishable by the mutiny act. 2dly, CARE is taken to prevent any person from being enlisted without his deliberate consent. It is provided, that, when any person shall be enlisted as a soldier for his majesty's land-service, he shall, within four days, but not sooner than twenty-four hours after such enlisting, be carried before some justice of the peace of “any county, riding, city, or place,” or chief magistrate of any city, or town corporate, “residing, or being next to, or in the vicinity of the place” where such person shall have been enlisted, and not being an officer of the army; and before such justice or magistrate he shall be at liberty to declare his dissent to such enlisting; and, on such decla- ration, and returning the enlisting money, and paying 20s. for the charges expended on him, he shall be forthwith dis- charged, in presence of such magistrate; but, if he shall refuse or neglect, within twenty-four hours, to return such money, he shall be deemed to be enlisted, as if he had given his consent thereto before such justice or chief magistrate. * Lord-chief justice Loughborough, apud Tytler's Military Law, p. 25. CH. I11. SOLDIERS. 29 And, if the person declare, that he voluntarily enlisted him- ... $2. self, the justice shall read over to him (or cause be read over *:::::: T to him, in his presence), the second and sixth sections of the MENT. articles of war against mutiny and desertion," (or such ar- ticles of these sections as the particular mutiny act may or- der); and administer to him, not only the oath of fidelity mentioned in the said articles of war, but also the oaths annexed to the mutiny act.” THE justices are thereafter to certify the enlistinent in the form annexed to the respective mutiny acts. If the person be enlisted to serve the East-India com-Enlisting pany, he must take the oath of allegiance prescribed by. 39 Geo. III, c. 109, instead of the oath of fidelity; and, company. of course, there must be a small alteration in the certificate applicable to that circumstance. Ano if any such person refuse to take the said oath of Refusing to allegiance or fidelity respectively, the officer from whom take the he received the money may detain him till he take it. oaths. * Every military officer acting contrary hereto, or offend- Penalty for ing herein, shall incur the like penalty and forfeiture as is disobeying º * Aº ‘º e t ſº by this act inflicted for making a false muster, to be reco- he act vered as any penalties by this act are recoverable. But if any person shall receive the enlisting money Receiving from any officer, knowing it to be such, and shall abscond, i. ift, or refuse to go before such justice or chief magistrate, in º º y order to declare his assent or dissent, as aforesaid, such”& person shall be deemed to be enlisted, and may be pro- ceeded against as if he had taken the oath directed to be * As the magistrate discharging better not to insert any of the clauses, this duty must have in his hand the oaths, or formulas here, as that yearly mutiny act, it was thought might mislead. 30 BCOIK V. IPUBLIC ROLITY. § 2. *1 UTINY ACT -EN LIST- MENT. Decision of the court ºf session. taken by the articles of war, before the said justice or chief magistrate. It was decided in the court of session, that the twenty- four hours given, by the 73d section of the mutiny-act, to persons enlisted, for the purpose of declaring their assent or dissent to enlisting, runs, not from the period of their enlistment, but from the time of their being called before a magistrate in order to be attested; and also, that the shilling, or other money, given by the serjeant as the sym- bol of enlistment, being part of the charges laid out in en- listing, is included in the 20s. of smart money paid when the party enlisted declares his dissent to such enlisting.” By the later mutiny acts, it is provided, that if any per- son, duly bound as an apprentice, shall enlist as a soldier in his majesty's land service, and shall state to the justice of peace or magistrate before whom he shall be carried, that he is not an apprentice, every such person so offend- Apprentice a 30th July 1788, Low ag. Drum- mond. The interlocutor was as fol- Rows: “ Find it proved, that the three suspenders were enlisted by Macgre- gor, to serve in the charger's com- pany of the Athol regiment, upon the night of the 26th of January last, by the symbol of a shilling given them in the king's name, but that no enlisting money, or bounty, was paid, or agreed to be paid them : Find, that the only attempt to bring them before a magistrate, in order to be attested, was by a petition pre- sented to the justices of the peace upon the 29th day of January, pray- ing warrant to bring them before the justices ſor examination, which was Served upon the suspenders that evening: And find it proved, that upon the day following, and within less than twenty-four hours after such service, they appeared, and ju- dicially declared their dissent to the enlisting, and consigned, each of them, in the hands of the clerk, 20s. for the charges laid out upon them ; and find, that upon such declaration and consignment, they were entitled to be discharged, under the statute : Find, that the shilling given by the serjeant, as the symbol of enlisting, was properly part of the cluarges laid out upon them; and, therefore, find, that they were not obliged to con- sign such shilling over and above the 20s. ; sustain the reasons of sus- e 4' pension, and suspend.” F. R. CII, III, SOLDIERS, 31 ing shall be deemed guilty of a misdemeanour, and being,... ACT thereof duly convicted, shall be liable to be imprisoned in-enlist. any gaol or house of correction, and kept to hard labour * for two years; may be indicted and punished for obtain- ing money under false pretences, under provision of 30th Geo. II, and shall, after the expiration of his apprentice- ship, be liable to serve as a soldier in any regiment of his majesty's regular forces; and if on the expiration of his apprenticeship, he shall not deliver himself to some officer authorised to receive recruits, he may be taken as a de- serter from his majesty's forces. No master in Scotland is entitled to claim any appren-Apprenties tice, unless such apprentice shall have been bound to him inscotland for the full term of four years,” by a regular contract, or indenture, binding on both parties prior to the enlistment, and unless such contract or indenture shall, within three months after the commencement of the apprenticeship, and before the period of enlistment, have been produced to a justice of the peace of the county where the parties reside, and there shall have been indorsed thereon by such jus- tice, a certificate or declaration, signed by him, specifying the date when, and the person by whom, such indenture shall have been so produced, which the justice is required to sign; and unless such master shall, within one kalendar month after such apprentice shall have absconded or left his service, go before some justice of the peace or magis- trate, and before such justice of the peace or magistrate take the oath annexed to the act, and produce the cer- tificate of such justice of the peace or magistrate, of his having taken such oath. Any master of any apprentice who shall have enlisted as a soldier in his majesty's land forces shall, upon his con- * In England the period is seven years. 32 PUBLIC POLITY. BOOK W. MUTINY ACT senting to give up the indentures of apprenticeship; with- "...is. in one month after the enlisting of such apprentice as a TMENT, soldier, be entitled to receive to his own use, so much of the bounty payable to such recruit, after deducting therc- from two guineas, which shall be reserved in order to pro- vide the said recruit with necessaries, as shall not have been paid to such recruit before notice given of his being an apprentice. No apprentice, who shall be claimed by his master, shall be taken from the regiment or party, but under a warrant granted by some justice of the peace, or magistrate of the county or place. The justice of peace, before whom the person claimed, shall be taken, shall, on proof on oath of notice having been given to the officer commanding the regiment, or troop, or company, or recruiting party, with which such apprentice shall then be, or some non-commissioned off- cer of such party, of such warrant, and that a copy there- of has been left with such officer, and also on proof on oath of such person being an apprentice, and having enlisted, and declared that he was no apprentice, is, if required by the officer or non-commissioned officer, to commit such person, so offending as aforesaid, to the common gaol of the county, riding, division, city, liberty, or place, where such person shall be at the time when he shall be so claim- ed by his said master, there to remain until he be dis- charged by due course of law; or if not required to com- mit him, then he is to deliver him to his master. EveRy such offender in Scotland may be tried by the judge ordinary, in the same manner as for any other oſ- fence not inferring a capital punishment. No person whatever, except an apprentice, who has en- {}{{.. [11. 3OT,1)1E. R.S., 33 listed, or shall enlist himself into his majesty's service as s 2. a soldier as aforesaid, shall be liable to be arrested, or ta-*.* ken out of his majesty's service, by reason of the warrant west, of any magistrate or magistrates, on account of any breach of contract or engagement to serve or work for any master or employer whatsoever." If any person, who shall have been hired to serve any master for a year or otherwise, shall, before the expiration of his term of service under such hiring, enlist into his majesty's service, such person shall be entitled to such proportion of wages as the magistrate shall think proper from his master, for the time he has actually served under such hiring, notwithstanding he shall have failed, in con- sequence of such enlisting, in completing the full term of service agreed for under such hiring. EveRx commissary, or muster-master, upon any muster —Muster. to be made, shall give convenient notice to the mayor, or other chief magistrate, or officer of the place where the Muster- soldiers are quartered, who shall be present at every such * muster, and give his utmost assistance for the discovery off intended any false muster ; and the commissary, &c. neglecting to musters. give such notice, or refusing the assistance of such mayor, or other officer, shall forfeit £50, and his office. No Tmuster-roll shall be allowed, unless signed by such mayor, &c.; but if such mayor, or officer, shall not attend, or re- fuse to sign such muster-roll, without giving sufficient reason for his refusal, then the commissary may proceed to muster, without incurring any penalty; and the muster- roll shall be allowed, though not signed as aforesaid, pro-onejustice. vided that oath be made before a justice, within forty-eight hours after such muster; and the said muster-roll shall be * See above, vol. ii. WOJ,. III, C 34. PUBLIC POLITY. BOOK W . s 2. then produced and examined by the said justice, who shall *...* sign the same, if there shall appear no good objection. -MUSTER, b False mus. If any person shall be falsely mustered, or offer himself ters, penal falsely to be mustered, on proof thereof, by oath of two 1 y. witnesses, before the next justice, and on certificate thereof, under the hand of the commissary, or chief magistrate, as aforesaid, he shall be committed to the house of correction for ten days; and if any person shall wittingly furnish a horse to be mustered, it shall be forfeited to the informer, if it belong to the person so lending, otherwise the offender shall forfeit 020 to the informer, on oath, by two witnesses, before the next justice, by distress; and, if the offender shall have no sufficient distress, or shall not pay the pe- malty within four days after conviction, he shall be sent to the common gaol, without bail or mainprize, for three months, or be publicly whipped, at the discretion of the justice : the informer, if a soldier, shall be discharged, if he demand it. THE commissary, or muster-master, shall make oath (for which no fee shall be taken), before the mayor or chief magistrate attending the muster, if such mayor or chief magistrate be a justice of the peace, or, otherwise, before a justice.” This oath the commissary, &c. shall insert and subscribe, on the back of the muster-roll transmitted by him into the office of the commissary-general of the musters. * In the form following: “I A. B. do swear, that I saw, at the time of making the within muster, such men and horses as are borne, and not respited, on the mus- ter-roll, for which men or horses a signed certificate, or certificates, are indorsed on the back of the roll, certifying their being absent from the muster, by reason of being em- ployed on some other duty of the regiment, or by being sick, in prison, on furlough, or at grass, or by a signed leave from the colonel or field-officer, or officer commanding the regiment, troop, or company.” CH. I 11. SOLDIERS, 35 !: .8 2. The punishment of giving false certificates, to excusc ºut.,er any soldier from muster, or other service; of officers mak-—Musten. ing false musters; and of commissaries or muster-masters wittingly allowing or signing muster-rolls containing false musters, fall under the jurisdiction of courts-martial. Every mutiny act contains a clause, declaring, that nº officers and soldiers are to be quartered in Scotland, and Scotland. carriages for the service of the troops, quartered or marching, provided and paid at the rates, and in such manner, as by the laws there in force at the time of the union. Of these laws we shall speak afterwards.” WITH regard to the exemptions from toll-duty, meant to carriages, be allowed to the horses of officers and soldiers upon march or duty, and for carriages attending them, it is enacted, by 186eo. III, 18 Geo. III, c. 63, that no toll or duty shall be demanded; 63. * º Respecting or taken, by virtue of any act of parliament made, or to be j made, for repairing any public roads, in respect of any . : horses belonging to officers or soldiers upon march, or upon jails. duty; or for any horses, cattle, or carriages, employed in carrying the arms or baggage of officers and soldiers, or in carrying any officers or soldiers who are sick, wounded, or disabled ; and no carriages thus employed are subject to be weighed at any engine; nor is the owner or driver liable to any penalty or forfeiture for carrying any greater weight * Connected with the subject of tested copy of such affidavit, to be de- billeting, is the examination of sol- diers, having wives or children, with regard to their settlements. By this act, if any non-commissioned officer, or soldier, shall have either wiſe, child, or children, two justices may summon him, where he is quartered, to make oath of the place of his last legal settlement, who shall obey such summons, and make oath according- ly ; and the justices shall give an at- livered to the commanding officer, to be produced when required ; which attested copy shall be at any time ad- mitted in evidence, as to such settle- ment, before any justices, or at any sessions ; and if he be summoned a- gain, he shall not be obliged to take another oath, as to his settlement, but shall leave a copy of the former, if required. C 2 36 is UBLIC POLITY. .BOOK W. § 2. & * in such carri MUTINY ACT han IS allowed by law to be conveyed Tºl such carriage. —can- This privilege the later mutiny acts provide for, unless It IAGES. where it is provided, by the particular act, that they shall be liable with others. But there is no exemption from the payment of toll in regard to any boats, barges, or other vessels, employed in conveying the officers, soldiers, servants, women, or others, belonging to his majesty's forces, or the arms, &c. or any military stores, along any canal, but the same shall be liable in like manner as other boats. passinger. And where any troops, or parties upon command, have sº Occasion, In their march, to pass regular ferriesin Scotland, the commanding officer may either pass over with his party as passengers, or hire the ferry-boat entire to himself and his party, debarring others, for that time, in his option ; and, if he choose to take passage for himself and party as passengers, he is to pay for himself and each person under his command only half the ordinary rate payable by single persons at any such ferry ; and if he hire the ferry boat for himself and party, he is to pay only half of the ordinary rate. Where there are no regular ferries, officers with, or without parties, are to agree for boats at the same rates as others in like cases. —canºrs. With respect to soldiers being guilty of crimes,” it is enacted, that if any officer or soldier shall be accused of any capital crime, or of any violence or offence against the per- son, estate, or property, of any of the king's subjects, which is punishable by the known laws of the land, the com- manding officer shall use his utmost endeavour to deliver over such accused person to the civil magistrate; and shall also be aiding and assisting to the officers of justice in the * The trial of offences by a court war, does not exempt the offenderº martial, which the king may ſor this from the ordinary process of law. purpose appoint, by the articles of CH. III, &OEDIER3. 3? seizing and apprehending of such offender, in order to bring him to trial. If any such commanding officer shall wilfully neglect or refuse, upon application made to him for that purpose, to deliver over any such accused person to the civil magistrate, every such officer So offending, and who is thereof convicted before any two or more justices of peace for the county where the fact is committed, by the oaths of two credible witnesses, shall be, ipso facto, cashier- ed and disabled; provided the conviction be affirmed at the next quarter sessions, and a certificate thereof be trans- mitted to the judge advocate, who shall certify the same to the next court martial.” As to debts that may be incurred by soldiers, it is enact- ed, that no person enlisted, or entered as a volunteer, either in the kingdom of Great Britain or Ireland, or any of his majesty's foreign dominions, shall be liable to be taken out of the service by any process or execution, other than for some criminal matter, unless for a real debt, or other just cause of action, and unless affidavit be made before a judge of the court, out of which such process shall issue, that the original sum justly due to the plaintiff from the defendant, amounts to £20 at the least, over and above all costs of suit; a memorandum of which oath shall be indorsed on the pro- cess or writ; for which memorandum or oath no fee is to be taken ; and if any person so enlisted shall be otherwise arrested, the judge may discharge him, and award costs. BUT that honest creditors may not be prevented from re- covering their just debts, and, instead of an arrest, which may at once hurt the service, and occasion great expence and delay to themselves, may be enabled to proceed in a * And it is also enacted, on this civil magistrate, shall be liable to be head, that no person or persons being punished by a court martial for the acquitted or convicted of any capital same, otherwise than hy cashiering. ºrimes, violences, or offences, by the § 2. v ÚT, NY 1,07 —CR.I.M.P.32 Two jug- tices. Debts due by soldiers, c 3 38 I’UBLIC POLITY, BOOK W, |MUTINY AC *—CIVIL I) EBTS, , more cheap and easy method, it is provided, that the plain- tiff may, on notice given in writing of the cause of action to such volunteer, or left at his last place of residence be- fore enlisting, file a common appearance, in an action to be brought for any debt, so as to entitle such plaintiff to proceed therein to judgment and outlawry, and to have execution, other than against the body of him so voluntarily listed.” UNDER this head, Dr. Burn, in one edition of his work, ob- served, that he thought a soldier could not be apprehended by a justice-warrant for begetting a bastard child, and com- mitted by such justice to gaol for want of surety to indem- nify the parish, or abide the order of maintenance by the justices. Since that time, however, the contrary has been determinca by some decisions of the English courts.” Upon motice from the clerk a The court of kings-bench un- animously decided, that a serjeant, as well as a drummer or private soldier, was privileged from arrests, Mr. Jus- tice Dennison remarking, that a ser- jeant is a soldier with a halbert, as a drummer is a soldier with a drum. b In the case K. v. Archer, H. 28, Geo. III. The session in Worcester- shire having adjudged the defender, a soldier in actual service, to be the re- puted father of a bastard child, order- cd him to pay Is. 6d. a week, so long as the child should be chargeable At the next sessions, the soldier was committed to the bridewell for dis- obeying the order, till he should find suſhicient sureties for the performance of it. A rule had been obtained, to show cause why the order of the ses- sions, by which the defendant was Committed for disobeying the order of the crown to the secretary of bastardy should not be set aside ; because the defendant, being a soldier, in actual service, was protected from being arrested, for that came under the mutiny act. The judges were clear, that the case did not fall under the provisions of the mutiny act; that the act had in view only the prevent- ing arrests in civil actions; and that it has no relation to crimes, nor any thing of a criminal nature; and, there- fore, that the case of a soldier taken up for disobeying an order of the justices, came not within the statute; such disobedience being so far crimi- nal, that in almost every instance, the party disobeying may be indicted for it. Also, in the case King v. Bowen, H. 33, Gco. III, the defendant W. Bowen was committed to the house of correction of Aylesbury, on a charge made by A. Ives of Eaton, for getting 39 at war, of any writ made out for the election of a member to serve in parliament, he shall send orders for removing sol- diers two miles or more from the place of election, at least one day before the election, and to continue at least one day after the poll taken. It is provided, at the same time, that this shall not extend to Westminster, or other place of resi- dence of the royal family, or to fortified places, or to any officer or soldier having a right to vote at such election. § 2. MUTINY ACT ON the head of payment for furnishings, it is enacted,—paymest that every officer to whom it belongs to receive, or who does. actually receive the pay, or subsisting money, shall imme- diately, upon receipt thereof, give public notice to all persons keeping inns, or other places, where soldiers are quartered, to repair to their quarters, at the times appointed for the dis- tribution of the pay, which is to be within four days, at the farthest, after receipt; and the said innkeepers and others shall be first paid, before any part of the pay be distributed to the officers or soldiers, provided such accounts exceed not for a commission officer of horse, under the degree of a cap- getting her with child ; which child was likely to become a bastard ; for refusing to give security to indemnify nence is a crime, and it has always been considered as such in the eccle- siastical courts. Now this clause of the parish of Eaton; and for refusing to give a recognisance to appear at the next sessions, and to abide such order as should be made, in pursuance of 18 Eliz. c. 3. At the sessions, he was ordered to be continued in cus- tody till he gave such security. Bow- en was a private soldier, without any property, except his pay and subsist- ence as a soldier. A. Ives was brought to-bed. Lord Kenyon delivered the opinion of the court as follows: The case King v. Archer was decided on grounds perfectly satisfactory to me. There can be no doubt, that inconti- the mutiny act is clearly confined to civil actions. A penal action is so far considered as a civil action, that a quaker may be examined, on his aſ- firmation as a witness, on the trial of it. It is a civil action, though alising from a penal statute. ceeding cannot be considered in the nature of a civil action. It is altoger ther a criminal process ; and, the e- fore, I am clearly of opinion that the order of the justices is right. Order of the justices confirmed. Durnf, and East, 5, v. 150. But this pro- 40 PUBLIC POLITY, BOOK Vs § 2. tain, for diet and small beer, 2s. a-day ; nor for a commis- TM UTINY ACT . & & "...ision officer of dragoons, under the degree of a captain, 1s. ; OF AC- COUNTS, T]estroying game, nor for a commission officer of foot, under the degree of a captain, 1s. ; nor for one light horseman's diet and small beer, per diem, sevenpence; nor for one dragoon's diet and small beer, per diem, sevenpence; nor for one foot soldier's diet and small beer, per diem, fivepence; nor for each horse which shall be quartered under the authority of this act, for hay and straw for such horse, per diem, sixpence. And if any officer shall not give such notice, or shall not imme- diately, on such account being produced, pay the same, then, upon complaint, and oath by two witnesses, at the next quarter-sessions, the paymaster, upon certificate of the justices in such sessions, of the sum due, and to whom, shall pay the sum out of such officer's arrears, on pain of forfeiting his office, and disability; but if no arrears be due, the paymaster is to deduct the sums to be paid, pur- suant to the certificate of the justices, out of the next pay of the regiment; and such officer shall, for such his offence, or for neglecting to give such notice, be, ipso facto, cashier- ed. And if it shall happen that the subsistence money due to any officer or soldier shall, by any accident, not be paid, or that such officer or soldier shall neglect to pay the same ; or, where horse and foot are upon their march, so that no present subsistence money can be remitted to them, &c. in such case, every officer, before his departure out of quarters, must make up the accounts with every person with whom such soldiers shall have quartered, and sign a certificate thereof, and give the same to the party to whom such money is due, with the name of the regiment, troop, or company, to which he shall belong, that the same may be transmitted to the paymaster, who shall immediately make payment thereof, under pain, as is before directed, of non-payment of quarters. | THE yearly mutiny acts contain a clause regarding offi- £H. III. $0%B4ERS, 41 cers or soldiers destroying game, which has been already $ 2. mentioned in another place. MUTINY & Cº. CoNSTABLEs, head-boroughs, or tithing-men, may take—besea- up any person reasonably suspected to be a deserter, and ** carry him before a justice in or near the place; and if, upon onejustice. examination, such suspected person shall be found, by his confession, oath of one witness, or knowledge of such jus- tice, to be a deserter, the justice shall forthwith cause him to be conveyed to the county gaol, or house of correction, and shall transmit an account thereof to the secretary at war, that he may be proceeded against according to law; and the keeper of such gaol, or house of correction, shall receive the full subsistence of such deserter for his mainten- ance, while he shall be in custody, but shall not be en- titled to any fee for his imprisonment. To eneourage any person to secure deserters, the person Reward for apprehending and securing, or causing to be apprehended º: and secured, any deserter or deserters, is declared entitled ** to the reward of 20s. to be paid him by the collector or collectors of the land-tax money of the parish where the deserter is apprehended, and for which the justice is to issue his warrant to such collector. PERSONs harbouring, concealing, or assisting, any desert- er, are to forfeit £5; and those who shall, knowingly, buy or receive from any soldier, or deserter, any arms, clothes, furniture, &c. belonging to the king, or change the colour thereof, shall also forfeit £5; and, on conviction by the oath of one witness, before one justice, the said penal-onejustice, ties shall be levied by distress; one moiety of either penalty one wit. to be paid to the informer, and the other to the officer to" whom such soldier or deserter did belong: And if any per- §on, so transgressing as above, shall not have sufficient for 42 PUBLIC POLITY. BOOK W. Ş... the distress, or shall not pay the penalty in four days after MUTINY ACT º g g e § * —pºss, conviction, the justice may commit him to the common gaol TION, for three months, or cause him to be publicly whipped. . No officer, however, may break open any house to search "“for deserters without warrant from a justice of peace; and whoever, without warrant from one or more justices, for- cibly enters the dwelling house, or out-houses, of any per- son whatsoever, under pretence of searching for deserters, is, upon due proof thereof, to forfeit the sum of £20. By the act 1 Geo. I, st. 2, c. 47, it is enacted, that any person or persons whatsoever, who shall, directly or indirect- ly, persuade or procure any soldier, or soldiers, in the service of his majesty, or of his heirs and successors, to desert, such person or persons, so offending, and being thereof lawfully convicted, shall forfeit the sum of £40. The mutiny acts ordain the penalties enacted for offences against this statute of Geo. I, to be sucd for in any of the courts at West- minster, if in England: For the like offences in Scotland, the penalties must be sued for in the court of exchequer there; and, in Ireland, they may be sued for in any of the four courts at Dublin. If the offender shall not have goods worth £40, or if, from the circumstances of the crime, it shall be thought proper, the offender may be put in prison for a space not exceeding six months, and may be ordained to stand on the pillory one hour. º As soldiers, absent from their regiment on furlough grant- ed to them by their commanding officer, are sometimes pre- vented by sickness, or other unavoidable casualty, from re- . . turning to their duty before the expiration of the time limit- *:::::: ed by such furlough; it is therefore enacted, that any justice #. * of the peace may grant, in writing under his hand, an ex- * tension of furlough, to any non-commissioned officer or C II. III. SOLDIERS. 43 soldier, applying for the same, on account of sickness or § 2. other casualty, which, to such justice, shall, on due in-".’ “ quiry, appear to render such extension necessary; and Loughs. every such officer or justice of the peace, who shall grant to any non-commissioned officer or soldier an exten- sion of furlough, as aforesaid, shall immediately certify the same, with the cause of its being so granted; and such non-commissioned officer or soldier, during the period to which his furlough shall have been so extended, as afore- said, by a justice of the peace, shall not be liable to be ap- prehended, or otherwise molested, on the ground of his having deserted or absented himself from the regiment. But such non-commissioned officer or soldier may be punish- proceeded against and punished according to the provisions : of the mutiny act, should it thereafter appear that such sentation. non-commissioned officer or soldier had obtained the exten- sion of his furlough by false representation made to the jus- tice of the peace, or, in applying for and obtaining the same, had committed any offence to the prejudice of good order or military discipline. III. THE quartering of soldiers is, for the first time, s 3. mentioned in the act of convention 1667, which, notwith- * standing its strong expressions of zeal, and even the dread of soloiens, invasion, gives no liberty to quarter the soldiers on any per-..." son against his will, allows no free lodging or free quarters of any kind, not even upon innkeepers or publicans; but makes the most anxious provision for securing the subject against being put to any distress or inconvenience from the soldiery. This is provided for still more explicitly by the act 1681,” c. 3. But abuses having been renewed in the a This statute, upon a recital of which arise from the transient or free the last act of convention, and the quartering of soldiers, and from the many troubles and inconveniencies localities for furnishing and carrying of 44 PUBLIC POLITY. $()())K. We § 3. QUARTEIU- ING OF SOLDIFRS, Jº ND CAR- Ill AGES, arbitrary reign of James VII, this matter, so carefully at- tended to in England, was not overlooked by the states of Scotland, when adjusting the terms by which the crown was to be settled anew at the revolution. Accordingly, by the claim of right in April 1689, it is declared, that one of the modes by which king James had violated the funda- mental and constitutional laws of the land, was by levying or keeping on foot a standing army in time of peace, without consent of parliament; which army did exact lo- cality, free and dry quarters. And it is declared, that the sending of an army, in a hostile manner, upon any part of the country, in time of peace, and exacting locality, or any manner of free quarters, is contrary to law, The act of convention 1689, c. 32, and act of parliament 1690, c. 6, contain the same provision, and again declare, “ that all officers and soldiers, horse, dragoons, and foot, shall make due and punctual payment of their quarters, local and transient, as the same shall be appointed by the foresaid commissioners, according to the rates of the country;” and in case the soldiers do not pay for their of corn, straw, or grass, to soldiers horses, doth discharge and prohibit all free quartering of the soldiers, either transient or local, and all local- ities ſor furnishing and carrying corn, straw, hay, or grass, to soldiers horses, and that from the 1st day of November next, in the instant year 1681, the quartering and locality always betwixt and the said 1st day of November being paid or allowed, conform to the said act of conven- tion ; and in case any officers or soldiers shall exact any free quarter, or any such locality thereafter, the &amage being instructed before any two commissioners for the supply or excise, upon production of a certifi- cate thereof under their hands; the officer being required, under form of instrument, to give redress to the party, and not doing the same, shall, lose a month's pay, to be paid to the party injured, by the collector of the cess or excise in the shire, by and attour said damage, which shall be allowed to him by the general re- ceiver. And this punishment to be extended to any quartering for de- ficiency, which shall be used or exacted otherwise than is prescribe ed. tº H, III. SOLDIERS, 45 quarters, the same regulations are laid down as in the for- QUA #. mer acts of convention. ING AND CARRIAGE84 The act 1693, c. 4, entitled, against false musters and free quarters, approves and confirms an act of privy council, of date the 14th of February 1693 ;” and farther provides, * By this act of privy council, all free quartering of soldiers in transient or local quarters, and all localities for furnishing or carrying corn, straw, hay, or grass, to soldiers horses, are stated as expressly prohibited by Se- veral acts of parliament formerly made, and the abuses thus remedied which had been committed upon the subjects, by the illegal exaction of locality or free quarter; and, to pre- vent the like in future, the act or- dains, that due and timeous provision be made of oats, straw, and grass, for soldiers horses in their respective transient quarters; and that timely notice be given by all commanding officers, to the commissary-general, of the removal of the troops to and from local quarters, and of the route appointed for their march, that pro- visions may be ready accordingly. If the march be sudden, or such as is not fit to be imparted to the com- missary, then the oats, &c. necessary for the horses, are to be bought by the commander of the several parties with ready money, to be repaid them by the commissary. The commanding officer in any place of local or transient quarters, is to see the whole meat and drink fur- Inished to officers and soldiers under his command, by the landlords of their quarters, exactly and complete- ly paid, at the ordinary rates of the country ; and, in case there shall be any exaction, or discharge of free quarters extorted, or any abatement demanded, below the ordinary rates, or any other buse committed, the commanding officer is required to make ready money payments, once every week at farthest, in local quar- ters, and in transient quarters be- fore removal, if the troops stay short- er time than a week, and that under pain of being cashiered and broken. The party injured is to complain to the privy council, or to the sheriff, or to the bailie of regality, or his dej.ute, or the stewart of the stewartry or his de. pute, or to any two commissioners of supply of the bounds and shire where the offence is committed, who, or either of whom, are required to re- ceive the said complaints, and transmit them to the clerks of the privy council, within ten days after they are made, under pain of being liable to repair the party injured themselves ; and these complaints are to be pursued by the king's advocate and solicitor, at the public charge ; or, if any private party choose to pursue them, his ex- pences are to be reimbursed ; the whole expences, in both cases, being ultimately deducted from the officer's pay against whom the complaint is made and veriſied, Iſ 46 I}OOK W. PUBLIC POLITY. § 3. QUARTER- ING AND CARIt. IAGES, that, in the case of either local or transient quarters, where due payment is not made by any officer or soldier, or where If an inferior officer transgresses in this respect, he is to be cashiered and broken ; if a non-commissioned officer, by the person commanding in chief, or to be suspended by him, if a commissioned one; the command- ing officer immediately representing the same to the privy council, who may give orders for cashicring such commissioned officer. The com- plaint must be made to the com- manding oſficer within eight days after a week’s quarters are resting, or other abuses committed, and in transient quarters, before removal, otherwise the commanding officer shall be frce; without prejudice, how. ever, to the landlords, and others, of the legal means of recovery. It is sufficient evidence that complaint has been made to the commanding offi- cer, if the same be made to him in the presence of a magistrate within borough, a justice of peace, or two witnesses. No discharges shall be sufficient for exonering the officers and soldiers, and instructing the payment of their quarters, unless subscribed by the master of the ground, or his cham- berlain, or the officer of the ground, before two witnesses, or a magistrate within borough. Officers and soldiers are strictly prohibited from keeping or seizing horscs for their own private use; and the penalty of transgression is made to be a month's pay, upon complaint brought and instructed as aforesaid. Where horses are necessary for car- riage, they may be employed, if ſur- nished within borough, by order of the commander of the party, and the magistrates, jointly ; and if in land- ward, by order of the said command- er, and any one of the commissioners of supply within the shire. The rates to be paid for each day that the said horses shall travel, are, three shillings Scots for each two miles to the man and horse; and for each day that they do not travel, six shillings Scots to the man, and as much for the horse, the man being obliged to pro- vide himself and the horse. These expences are to be paid by the ma- gistrates of the borough, if the horses be taken within a town, and if in the country, by the collector of the supply in the shire, who are respec- tively to be reimbursed thereof, or have the same allowed to them, by the receiver-general. That the horses necessary may be provided, magistrates within boroughs, and commissioners of supply, and justices of peace, in land- ward, are ordained to cause a compe- tent number be provided within their respective bounds. No officer or soldier, without the concurrence of these magistrates, is to seize upon any horse ; nor are horses to be dc- tained longer than one day’s march at ſarth.cst, but are to be restored in good case, under the pain of a month’s pay, besides payment of the price of the horse to the ſur- nisher, as the same shall be in- structed before the bailies with- ân borough, and in the country, be- fore sheriffs, stewarts, bailies of re- gality, or their deputies, and justiccº of peace. ÇH., III, SOLDIERS, 4.7 any abuse shall be committed by them, the debt contracted $3. in quarters, or damages done, may be instructed before a...". justice of peace, or a commissioner of excise and assessment, canaiages. magistrate of borough, or the next neighbouring heritor, by Onejustice. witnesses, or oath of the party lesed ; and the justice, &c. before whom the said quartering or damage is instructed and liquidated, is obliged to give the landlord, upon whom the officers or soldiers were quartered, a declaration, bearing the value of the quartering, and damages sustained. The col- lector of the shire is to give allowance to the landlord for the same, out of the fore-end of his cess or excise; and the collector is to have allowance thereof from the receiver-ge- meral: If the landlord be a tenant, or other person, liable nei- ther to cess nor excise, the heritor of the ground is to have such allowance as aforesaid, in order that the tenant may get payment thereof. The collectors are to give account of this to the general commissary, or paymaster of the army, that the same may be retained off the officers or soldier's pay. If the officer first applied to do not give re- dress, the officer's pay is, in that case, to be equally liable with the soldier's pay. And the collector and receiver- general are to give allowance, as aforesaid, under pain of deprivation, by and attour the refunding of the damage of the party lesed. THE last enactment of the statute, is appointing it to be read publicly at the head of every regiment, troop, or com- pany, every time the same is mustered, that due obedience may be given thereto. By the acts 1695, c. 33, and 1696, c. 23, no officer is to Pressing. press or compel any man to be a soldier; and no officer or soldier is to exact lodging, coal, or candle, gratis, for him- self, his wife, or children. The penalty of pressing is made to be forfeiture of a month's pay, and imprisonment besides, or breaking and cashiering. Officers exacting lodging, &c. 48 FUBLIC Pority. BÖoir vſ § 3. as aforesaid, are to lose their commission: And soldiers thus .." transgressing are to be liable for the parties damage, to be cannlages, paid by their commanding officers, at the sight and appoint- Penalty, ment of any magistrate within borough, or other judges to landward; and the officer failing herein is liable in three months pay, and is farther declared punishable, as the lords of council shall appoint. It appears that all this anxiety of the legislature had been ineffectual to secure against the irregularities of the soldiers. Three abuses seem about this time to have been practised: One was, that the officers of the army had taken on them- selves to direct the quarters. Another, that soldiers, parti- cularly dragoons, had been quartered upon tenants in dis- persed onsteads in the country, on pretence of stubble quar- ters. A third was, that the soldiers had insisted for separate fires, &c. in their quarters. To obviate these abuses, the act 1698, c. 9, was passed. It ordains, that, in time of Soldiers not peace within the kingdom, soldiers in their local quarters : i. shall be quartered only in boroughs royal, or of regality, or tenants in the most capable market towns, and not upon tenants in !. “” dispersed onsteads in the country, upon pretence either of stubble quarters, or of any other cause whatsomever, except- ing allenarly quarters for deficiency, as the same are regu- lated by former acts of parliament; and that, whether in local or transient quarters, the landlord shall not be obliged to furnish common soldiers with coal or candle, otherwise than according to the ordinary fashion of the house; and farther, most strictly forbids all free quarter, and all abuse or oppression of the leiges, by soldiers in their quarters, or out of them, ratifying all former acts against free quarters; and particularly the act 1693, c. 4. For abuses and misdemeanours committed by soldiers, in local or transient quarters, against any persons not sol- diers, they may be either complained of to their officers, O II, III. SOLDIERS. 49 or convened, upon summary complaint, before the justices S 3. of peace, or other judge ordinary, where their officer shall." be obliged to sist them, under the pain of 100 merks, and carriagrs. reparation of damages, toties quoties. Justices. Officers, likewise, by this act, are required to be care- Public ful in causing the soldiers under their command go to worship. church, and attend divine worship duly, upon the Lord's day ; to submit to the minister's examination, and to church discipline; and the officers themselves are to shew good ex- ample, as they will be answerable. This statute, in order to render more effectual the al- lowance ordered to be made by the statute 1693, c. 4, by collectors of shires, and the receiver-general, declares the collector refusing such allowance liable to the party lesed in the sum of £100 Scots, toties quoties, at the sight of any two of the commissioners of assessment, and the receiver- general, to be liable, besides the former pains, in the sum of 500 merks, toties quoties, at the sight of the lords of his majesty's treasury and exchequer. It likewise enacts, that the same execution shall be granted for payment of car- riages. The next act 1698, c. 10, is employed wholly up- on quartering for deficiency in paying the land-tax. In the borough of Canongate, the usage had been to quarter soldiers on traders and shopkeepers only. In the year 1786, the magistrates ordered that soldiers should be quartered on the whole inhabitants, without distinction. Some of the private inhabitants having brought the matter before the court of session, an inquiry was made concern- ing the practice of almost every considerable town in Scotland. It appeared that the burden, though it had not, as in England, been confined to innkeepers alone, had yet been laid on them, together with butchers, bakers, grocers, and such other traders as were thought to be most benefit- WO). Iſ I. ]] 50 1?UBLIC POf...ITY. BOOK W. S 3. cd by the soldiery, but never on the inhabitants indiscri- .." minately, unless in cases of emergency. The court decid- canniacks, ed, that the pursuers were exempted from the charge in question." This decision was contrary to one which had been pro- nounced a few years before;” and it has not been followed º tº in subsequent cases. The private inhabitants of Beith, a uals liable. . * . tº º e * village in Ayrshire, complained, by bill of suspension, of an order of the justices of peace, by which soldiers were billetted on the whole inhabitants indiscriminately, except- Excepting ing schoolmasters, widows, unmarried women, and pau- º, '. pers; insisting that this burden should be confined to inn- keepers, and dealers in provisions. The court was of opinion, that Beith not being even a borough of barony, and all the inhabitants being nearly of the same rank, there was no ground for any class of them pleading an immunity, and refused the bill." Thereafter the court generally decided, that, even in a royal borough, the soldiers should be quartered upon the whole inhabitants, without distinction, except schoolmasters, unmarried women, and paupers." Which decision, on the last occasion that this point came under the cognizance of the court of ses- sion," was held to be fixed law. $ 4. IV, Soldiers being exposed to extraordinary hardships, PRIVILEGES e & e tº tº "...” are indulged with peculiar privileges. 2MENT, pretending that the burden should lie on those who exercised a foreign trade. May 27, 1794. Dict. ibid. " May 31, 1796, Aitchison against magistrates of Haddington. Dict. ib. *Inhabitants of St. James's square a February 6, 1789, * Calton of Glasgow, 1779. collected. * June 3, 1794, Crawford against Wilson. Dict. V. iv, p. 194. A similar decision was pronounced Not in a dispute between some inhabitants of the borough of barony of Saltcoats, the horne manuſacturers and traders against the town of Edinburgh. The town claimed an exemption from billeting within the royalty. It GH. 111. 8OLDIERS. 51 By the Roman law, it was held to be a good testament $4. º * g º º : ES which the soldier wrote in bloody characters upon his sh ield,”.” or in the dust with his sword.” This, Ulpian tells us, was ment. at first merely a temporary indulgence of Julius Caesar. It Romaniaw. was renewed from time to time, by his successors; and, in the reign of Justinian, became part of the established law This was the privilege, however, only of soldiers when engaged in actual service.” THE law of England has been equally favourable. By the 29 Car. II, c. 3, 5; William, c. 21, § 6, soldiers in ac- tual service may makenuncupative wills, and dispose of their personal effects, without those solemnities, forms, and ex- pences, which law requires in other cases. Lord BANKron observes, that “it may be thought such Scottish wills may be sustained with us, being always limited to" moveables, and to such part of them as by our law are the subject of testaments; but we having no such statute as the English have, it must be on the principles of the civil law, whereof I know no precedent.” DisBANDED or discharged soldiers may exercise any—exercis- trade within any freedom. There have been many sta-..." tutes enacted with a view to this important privilege. Thus, by the statute 22 Geo. II, c. 44, it was enacted, that all officers, mariners, and soldiers, who have been em- ployed in his majesty's service, and have not deserted, may set up and exercise such trade as they are apt for, in any It was held, that such a local exemp- * L. 15, c. de test. milit. tion could be obtained by prescrip- * In exceptionibus occupati. Vinnii tion; but classes of individuals were comment, ad. tit. lib. ii., inst. de milit. thought to stand in a different pre- test. dicament, that the erroneous exemp- ° Bank. Inst. vol. i., b. 1, tit. 2, part tion of any in times past could create 88. no title to exemption in future, In 2 ** 52 PUBLIC POLITY. BOOK W. § 4. town or place within Great Britain or Ireland (except Ox- "...ford and Cambridge); and if they shall be sued there- ano any upon, they shall have double costs. And by the 3 Geo. “” III, c. 8, it is enacted, that any bye-laws or customs to the contrary notwithstanding, or any statutes requiring apprenticeships for a certain term of years, all officers, ma- riners, soldiers, and marines, who have served since the 29th day of November 1784 (and by 24 Geo. III, § 2, c. 6, the same is further extended to those who have served since the 1st day of April 1763), and not deserted, and also their wives and children, may set up and exercise such trades as they are apt and able for, in any town or place in Great Britain or Ireland (except Cambridge or Oxford); nor while they exercise such trade are they to be removeable from the place where they exercise it, to their last legal place of settlement, until they shall become actually chargeable;” and, if they shall be sued for exer- Two jus- cising such trade, they shall have double costs. Any two * justices may cause such soldiers, mariners, &c. to be sum- moned, to make oath of their last place of legal settlement; and the party summoned, upon making oath, is to get an attested copy of the affidavit, in the manner, and for the purpose mentioned above, when treating of the examina- tion of soldiers with regard to their settlements. But disbanded soldiers are not entitled to exercise a plurality of trades. They have no greater privilege in this respect than a member of that corporation whose trade they exercise." It was lately decided in the court of session, that the daughter of a soldier, although married to a person not a * This applies to the English for ciples. Sce above, b. iii, ch. 2, § 1aw respecting removals; a branch 5. of the law which, in Scotland, is b William Muir, &c. against W. happily regulated by different prin- M'Bean, &c. 1792, Feb. 19. CH. III. 5OLDIERS. 53 member of the guildry, may retail groceries within § 4. 3, PRI (LFGEx, burgh. - T ". ERCIS a IN (; A NY But a “ distinction is to be made between occupations* for the most part exercised by men, and those frequently exercised by women. In the former case, it would, in ge- neral, be presumed, that the soldier's daughter married to an unfreeman, is attempting collusively to communicate to her husband a privilege personal to herself. But, in the latter, there is no room for that presumption.” Accordingly,” it has been decided, that a soldier's daughter, married to an unfreeman, did not entitle her husband to carry on either of the trades of tailor or shoe- maker within borough. IN like manner it has been determined, that a trade exercised in name, and (as it was said) for behoof of a discharged soldier's son, who was only twelve years of age, * Dec. 16, 1792, treasurer of the guildry of Perth against James Mac- donald. The guildry complained to the dean of guild and his council, stating, that that trade (a retailing of bread, meal, and small groceries) had been Sct up by the wife after marriage, and conducted, though in her name, yet for the husband's behoof, and con- cluding, that he should either enter with them, or pay the yearly com- position of unfreemen. The dean of guild decided, that “ the defender's being married to a discharged sol- dier's daughter does not entitle him to the privilege of trading within bgrough, and therefore fined and amerciated him in 30s, to be paid to the guild treasurer, for behoof of the treasurer.” Macdonald having brought this judgment under review, by advocation, “the lord ordinary assoilzied the defender from the ac- tion, and found the pursuers liable to the defender in the expence of extract.” On advising a petition and answers, the court unanimously ad- hered, and found the pursuers liable in the expence of the answers. b Ibid. Observation from the bench. ° 29th Jan. 1778, tailors in Glasgow against M'Kechnie, &c. 24th Feb. 1790, corporation of shoemakers of Perth against Elizabeth M*Morten, D 3 54 PUBLIC POLITY. BOOK W. § 4. cº., was an evasion of the exclusive privileges of the corpora- --MAINTE- NANCE, tion.” : CoNCERNING the maintenance of discharged soldiers in sickness, the act 23 Elizabeth, c. 3, enjoins a weekly ak. lowance to be raised in every county, for the relief of such soldiers and mariners as are sick, hurt, or maimed, to be charged upon the parish, as the justices in sessions shall appoint; provided no parish be rated above tempence, nor under twopence, weekly ; and provided the total sum in any county, where there shall be above fifty parishes, do not exceed sixpence for every parish. As this, however, is left to the discretion of the justices, Burn observes, that it is not usually done, and they are commonly provided for by the particular parishes to which they belong, or sup- ported in the royal hospitals of Greenwich and Chelsea re- spectively. * With regard to the out-pensioners of Chelsea hospi- tal, it is required by the statute 28 Geo. II, c. 1, § 2, that the justices of the peace shall take affidavits of their being alive (or of the time of their deaths respectively), half- yearly, without fee. And on the 20th June 1806, the 46 Geo. III, c. 69, was passed, intituled “An act for mak- ing better provision for soldiers.” * By these enactments, all pensions to soldiers are put un- der the management of the commissioners of Chelsea hos- pital;" any three of whom may, from time to time, make regulations in relation to such pensions.” But all orders concerning the discharge of soldiers, or the payment of * The decision of the lord ordinary thirteen years of age.” A reclaim- was, “that the said James Lee had ing petition against this interlocu- no title to assume the profession of tor was refused, without answers. a baker in the borough of Hadding- b S 1. e S 2. $on, being a boy between twelve and CH. 111, SOLDIERS. 55 their pensions, shall be yearly laid before parliament. But *** Es; every soldier is entitled to the benefit of the particular re-—Mantz. gulations which were in force at the time of his enlist-“* ment.” All assignments of pensions are absolutely null.” The offence of personating persons entitled to such pen- sions is declared to be capital;" and the offence of forging the names of pensioners, or of persons required to sign certificates, is punishable with transportation for life, or for such term of years as the judge shall fix." Any justice of the peace or magistrate, or any receiver- general of the land-tax, collector of the cess in Scotland, or of the customs, or of the excise, is competent to in- quire into the truth of any certificate, by the oath of the person producing the same." The certificates and receipts need not be stamped.* *S 4. * S 5. • S 7. a $8. • S 9. * $ 10. s $ 11. § 1. CHAP. IV. Of the Militia. I. The first militia force in Scotland was raised in vir- **Renai tue of the statute 37 Geo. III, c. 103. The powers given § 2. STATUTEs, —42 GEO. III, c. 91, by this act were enlarged by 38 Geo. III, c. 12. Both statutes were amended by 39 Geo. III, c. 72, and 41 Geo. III, c. 67; but the whole previous acts were superseded by the 42 Geo. III, c. 91, which statute, however, has it- self been followed by other enactments. It appears to be necessary, therefore, to give a short abstract of those en- actments in their order, beginning at the 42 Geo. III, c. 91, still the groundwork of our militia law. There- after we may take notice of such questions concerning their construction as have been the subject of judicial discussion. II. This statute, 42 Geo. III, c. 19, is dated 26th June 1802, and intituled, “An Act to raise and establish a Mi- litia Force in Scotland.” It authorises his majesty to ap- point lieutenants of counties, stewartries, cities, and places mentioned in the act. These lieutenants are empowered to call out the militia yearly, to appoint deputy-lieutenants, f CH, 1 W. OF THE M1L1T1A, 57 and also a proper number of colonels, and other officers, $ 2. for training the militia. But the names of such persons”. must be certified to his majesty. No deputy-lieutenant shall in, c. 91. be named, of whom the king has not approved ; nor any . Ç- officer of whom the king signifies his disapprobation, puties. within fourteen days after such certificate has been laid be-officers. fore him. THE militia officers rank with the officers of his majes-Rank: ty's regular forces youngest of their rank. THE expiration of former acts did not affect any com- mission of lieutenant or deputy previously granted.” THREE deputy-lieutenants may be authorised by his ma- jesty to act, when the lieutenant shall be out of the king- dom, or where there shall be none.” No commission of any deputy lieutenant, or of any offi- cer in the militia, is vacated by the revocation of the power of the granter.” A DEPUTY-LIEUTENANT must be seised or possessed of Qualifica: an estate in property, either in his own right or in right of..." his wife, of four hundred pounds Scots of valued rent intenants. Scotland, or be heir aparent of some person seised or pos- sessed of a like estate.” A colonel must, in like manner, be possessed of, or heir apparent to, a like estate of eight ... hundred pounds Scots of valued rent." A lieutenant-co-º: lonel must be possessed of, or heir apparent to, a like estatenel. of six hundred pounds Scots of valued rent." A major or º a captains must be possessed of, or heir apparent to, a like estate of four hundred pounds Scots of valued rent; or a --oſcolonel, *S 2. * S 3. ° S 4. * S 5. • Ibid. "Ibid. * As to captains, see below, 43 Geo. III, c. 38. 58 PUBLIC polity, Book v. § 2. STATUTES, –42 GEO. III, c. 91, -QUALIFI- CATIONS, Lieuten- ant. Ensign. Must the qualifica- tion be within the county. In bo- roughs. younger son of Some person who shall be, or at the time of his death was, in like manner, seised or possessed of a like estate as aforesaid of four hundred pounds Scots of wa- lued rent." But adjutants who have served five years in the militia while embodied, or in his majesty's other forces, may be appointed to the rank of captain, though not pos- sessed of the qualification required by § 5." A lieutenant must have a like estate of one hundred pounds Scots of valued rent, or a personal estate alone, or real and personal estate together, to the amount or value of one thousand pounds Sterling, or be son of some person who is, or at the time of his death was, in like manner, seised or possessed of a like estate." An ensign must have fifty pounds Scots of valued rent, or a personal estate alone, or real and per- Sonal estate together, to the amount or value of five hun- dred pounds sterling, or be son of some person having, or who at the time of his death had, a like estate." , - . In the case of deputy-lieutenants, colonels, lieutenant- colonels, majors, and captains respectively, one moiety of the estates, required as their qualification, must be situate or arising within the respective counties, stewarties, cities, or places, in which they shall be appointed to serve, or within the counties, stewartries, cities, or places, joined together, as hereinafter mentioned, to form the regiment or battalion to which they shall belong." PEERs and their beirs apparent, may act without those qualifications." THE lieutenant, with the approbation of his majesty, may appoint the provost of any royal burgh, or any three resident persons, to be deputies of the subdivision in which it is situated, such persons having a real estate, in houses or * S 5. * $71. “Ibid. 3 Ibid. • Ibid. 's 10. CH. IV. or THE MILITIA. * 59 other property, within such burgh and liberties, thereof of T #. º STA * D g the yearly value of one hundred pounds sterling, or a per-lºng gro. sonal estate alone, or a real and personal estate together, to". '91, sº -QUALIFſ- the amount or value of two thousand pounds sterling," cºlone. Within the city and county of Edinburgh, and liber-In Edin- ties thereof, the lieutenant of the said city, or where there" "g" is no lieutenant appointed, then the chief magistrate ap- points the deputy-lieutenants within the said city, and of. ficers of the militia, whose number and rank shall be pro- portionable to the number of militiamen which the said city shall raise, as its quota towards the militia of the coun- ty to which the said city is united. Every deputy-lieu- tenant must have a real estate, in houses and other pro- perty, within the said city and liberties therof, of the year- ly value of one hundred pounds sterling, or a personal estate alone, or real and personal estate together, to the amount or value of two thousand pounds sterling. Every lieutenant-colonel must have a like real estate, in houses or property, within the said city, of the yearly value of two hundred pounds sterling, or a personal estate alone, or real and personal estate together, to the amount or value of four thousand pounds sterling. A major or captain must have a like real estate, in houses or property, within the said city, of the yearly value of one hundred pounds ster- ling, or personal estate alone, or real and personal estate together, to the amount or value of two thousand pounds sterling. A lieutenant a like real estate, in houses or other property, within the said city, of the yearly value of twenty- five pounds sterling, or personal estate alone, to the amount or value of five hundred pounds sterling. The act reserves to the royal college of surgeons in Cºllege ºf & p º º • e tº e surgeong, Edinburgh, all rights, immunities, privileges, and exemp- X ºt - \ • S 6. 60 PUBLIC POLITY. BOOK V, § 2. gTATUTEs, –42 GEO. III, C, 91. Oaths. Penalty for want of qualifica- tion. tions, of which the said college may have been in the lawful possession.” No deputy-lieutenant, or any militia officer superior to a subaltern, can be appointed till his qualification be deli- vered to the clerk to the commissioners of supply, who shall transmit a copy to the county lieutenant.” And no commission, after the passing of this act, for a higher rank in the militia than that of lieutenant, shall be valid, un- less it be declared in the commission, that the officer to whom the commission is given, hath delivered in his qua- lification as directed." CLERKs of supply enter the qualifications upon a roll, and insert in the London Gazette dates of commissions, &c. and transmit every January, to the secretary of state, an account of qualifications, to be laid before parliament." DEPUTY-LIEUTENANTs and officers, within six months after their appointment, must take the oaths of allegiance, abjuration, and assurance, if they have not already taken them." PERsons who are unqualified, or who have not delivered in their qualifications, acting as deputy-lieutenants, colonels, lieutenant-colonels, or majors, forfeit one hundred pounds:* one moiety goes to the use of the person who shall sue for the same;6 and the proof of his qualification lies upon the person against whom the action is brought." Officers promoted to the rank of major, in consequence of an augmentation of the militia, hold their rank in the general militia service, notwithstanding a subsequent re- duction, but without regimental rank." Rank. a $ 7. b $8. • Ibid. d $ 9. • S I0. * Ibid. 9 Ibid. * Ibid. $ 11. CH. IV. OF THE MILITIA, 61 His majesty may order county lieutenants to displace S 2. -li 3. STATUTE3, deputy lieutenants or officers. –42 GEo. 111, c. 91. The lieutenant of every county, stewartry, city, and Disposal. place, may from time to time appoint a clerk of the gene-clerks, ral meetings, and may displace such clerk if he shall think. it. fit, and appoint another in his room ; and the deputy- lieutenants within their respective subdivisions, or the major part of those present at any subdivision meeting, shall also, from time to time, appoint a clerk for their subdivisions, and may displace such clerk, if they or the major part of them shall think fit, and appoint another in his room.” The number of private men (exclusive of serjeants, Number. corporals, and drummers), to be raised by virtue of this act was as follows, viz. For the county of Edinburgh,............. & a s s a e e s • * * * * * * * 333 City of ditto,....................................... . 310 County of Linlithgow, ............................ 94; County of Haddington, ........................... 54, County of Berwick, ....... tº C tº 4 c s e º e º ºr e º & e g º e º g º e º e 155 County of Peebles, ................................. 45 County of Selkirk, ................................. 25 County of Roxburgh,.............................. 178 Stewartry of Kirkcudbright, ..................... 151 County of Wigton,................................. 119 County of Ayr, ............................... ......436 County of Renfrew, ............................... 404, County of Lanark,................................. 751 County of Stirling,.................... tº e º e s & e º o .... 163 County of Kinross, ....... .......................... 35 * $ 12. b S 13, 62 PUBLIC POLITY. BOOK 7. § 2. STATUTES 9 --42 GR0. III, c. 91. General meetings, Quorum. Place. Time. For the County of Fife, ....... • . . . . . . . . . . . . . . © e º ſº e g º º º gº tº e º ºs e º tº 484 County of Dunbarton, .............................. 107 County of Bute,...................................... 61 County of Argyll, .................. ................. 364, County of Inverness, ......... . . . . . . . . . . . 4 e s \ a e º e o e s e e 384, County of Perth, ...............• . . . . . . . . . .'...........653 County of Forfar, .........• . . . . . . . . tº e º 'o e º is tº e º e º e º e o a º 511 County of Kincardine, ..................... tº C & © tº C tº e ºs 136 County of Aberdeen,................. ............ ...640 County of Banff;............ ................ ........ 179 County of Elgin,...... Q & © e º e o e º e º e e s e º e º e s e º & 0 & 6 & '• • * * * * 138 County of Nairn, ............................ * @ e g tº e º is 43 County of Cromarty, ................................ 16 County of Ross,....................................... 270 County of Sutherland, ............................... 100 County of Caithness,........... ..................... 121 County of Dumfries,................................. 3S4. County of Clackmannan, ... ....................... 56 8000 These numbers of private men were appointed to con- tinue the quotas until June 25, 1805, and the numbers thereafter appointed by the privy council to continue the quotas until others be settled.” GENERAL meetings of the lieutenancy of every county, stewartry, city, and place, are to be holden in some prin- cipal town of every such county, stewartry, city, and place;” and consist of the lieutenant, together with two deputy-lieutenants at the least, or on the death or removal, or in the absence of the lieutenant, then of three deputy- lieutenants at the least;" and one such general meeting shall be holden within every county, stewartry, city, and place annually, upon the last Tuesday which shall happen be. * S 15- . . $ 16. • Ibid, CH. KW, OF THE MILITIA, 63 fore the first day of August in every year ; and the lieute- $ 2. nant, together with any two deputy-lieutenants, or (on". the death or removal, or in the absence of the lieutenant)tº c. 91. any three deputy-lieutenants of any county, stewartry, city, or place, when they may summon, or cause to be sum-Meetings, moned, other general meetings of the lieutenancy, on any *: º: days to be fixed by such summons, notice being given in any weekly or other newspaper usually circulated in such county or place, fourteen days at the least before the meet- ing. The expence of such notices is paid by the collector of the land-tax of the county. Subdivision meetings consist of two deputy-lieutenants Subdivision at the least, or one deputy and a justice of the peace.” meetings. The respective clerks of the subdivision meetings, as soon as conveniently may be, give notice in writing of the time and place of meeting to such of the resident deputy- lieutenants as he conveniently can, and also to the com- manding officer of the regiment or battalion, by notice to the adjutant, of the days fixed for ballotting and enrolling men within such subdivision.” IF there be not a quorum, the clerk must appoint an-Iſaquorum other meeting to be held within fourteen days, at the same º: place, giving notice to all the deputy-lieutenants five days at the least previous to such meeting.” GENERAL meetings appoint subdivision meetings, and require the schoolmasters or chief constables, or some other officer, to order a return to be made to the deputy-lieute-Return, nants, of men between the ages of eighteen and forty-five." School.MASTERs and constables must, within fourteen School- 7 ºr we g e mastersand days after any such returns shall be required, give no-. * S 17. s 18. • $19, a $20. 64 PUBLIC POLITY, BOOK. V. § 2. tice” to housekeepers, requiring them to make returns, "...”. under the penalty of five pounds sterling." III, c. 91. Quakers. QUAKERs must produce certificates of their being of that persuasion, and the schoolmasters, &c. make returns of persons liable to serve in such houses, as where returns are not made to notices.” School- School.MASTERs and constables must, within one month :..after delivery, make out yearly lists," and affix a copy thereof on the door of the church or chapel belonging to every such parish or place, or (if any place shall have no chureh or chapel belonging thereto) on the church door, of some place adjoining, some Sunday morning, three days at the least before the meeting of the deputy-lieutenants, writing at the bottom of the list the hour and place of meeting for hearing appeals.“ Appeal. PERsons aggrieved may appeal to the subdivision meet- ings, and the determination thereat shall be ſinal.” saloo. School.MASTERs and constables attend subdivision meet- jºings, and verify lists on oath, and the deputy-lieutenants amend lists and appoint second meetings, and shall return certificates to the clerk of the general meetings." T'alse re- THERE is a penalty of fifty pounds for endeavouring to turns. prevail on schoolmasters, &c. to make false returns, and of Reſusing to ten pounds on persons refusing to tell their names, or the tell names. * e names of lodgers. DEPUTY-lieutenants may issue orders for the attend. * Agreeable to schedule (A). See App. II. $ 21. • S 22. * According to schedule (B). See App. II. • $ 23. * S 24. & In the form schedule (C). See App. II. h S 25. * $ 20. CH. IV. OF THE MILITIA, 65 ance of constables, &c. and if any shall neglect to appear, ...º. or if any chief constable, &c. shall not return lists, or shall -4° º: be guilty of fraud, partiality, or neglect, he may be com- III, C. § 1 - mitted to gaol, or fined.” If any chief or other constable be a quaker, any two jus- Quaker, if tices of the peace, acting for the division, may appoint a a constabſe. deputy to such quaker, for the purpose only of carrying this act into execution.” Two or more places and lists for them may be added.” together, and the schoolmasters, &c. shall act together as if 8 they were officers of the same parish, and shall meet in the parish first named in the order of the deputy-lieuten- ants.” Deputy-lieutenants are to hear and determine dif-Deputy- o lieutenants, ferences between parish officers." S If clerks of subdivision meetings neglect to transmit to clerks. the clerk of the general meetings copies of rolls, or make false returns, they shall forfeit twenty pounds." Penalty. CLERKs to general meetings failing to transmit to the Returns ve º g e false. privy council annual returns in the form in schedule (D), or making false returns, to forfeit one hundred pounds." The privy council by June 25, 1805, and afterwards Quota every ten years, fix the quota of men to serve for each” place, and transmit the numbers to the county lieutenants, and publish the same in the London gazette.* WHERE the number fixed shall be greater than the for-If less than mer quota, the general meeting shall appoint what number.” shall be chosen for each division, and where less, shall dis-" miss the excess by ballot, proportionably out of each divi- sion." Men dismissed are liable to serve, and their names • S 27. * S 28. • S 29. d Ibid. * S 30. * S 31. s $ 32. * S 33. VOL. III. F. 66 PUBLIC POLITY. BOOK W. § 2. are to be entered in a list, out of which vacancies shall be *... filled up by ballot, to serve for the remainder of the time III, c. 91, for which they were engaged.” Gencral GENERAL meetings may alter subdivisions, and the al- * lotment of men in each division.” 2d subdivi. At the second subdivision meeting, the deputy-lieute- ... “nants shall appoint the number of men to serve for each parish, &c. and shall cause notice to be given thereof, and of the next meeting, and shall cause the number to be bal- lotted for, &c." Persons chosen by ballot take the fol- Oath. lowing oath : “I A. B. do sincerely promise and swear, that I will be faithful, and bear true allegiance to his majesty king George; and that I will faithfully serve in the militia, within Great Britain, for the defence of Five years, the same, during the term of five years, for which I am enrolled, unless I shall be sooner discharged;” and shall be enrolled to serve for five years." Any man chosen by ballot may produce as his substi- tute a man of the same county, stewartry, city, or place, forming a battalion, or of some adjoining county, stewart- ry, city, or place, able and fit for service, who, if approved of, shall be enrolled and serve as a private militiaman, for the space of five years, and also for such farther time as the militia shall remain embodied. Substitute. Substitutes shall be enrolled, and take the followingoath: “I A. B. do sincerely promise and swear, that I will be faithful, and bear true allegianceto hismajesty king George; and that I will faithfully serve in the militia, within Great Britain, for the defence of the same, during the term Five years, of five years, or for such further time as the militia shall .."remain embodied, if within the space of five years his majesty shall order and direct the militia to be drawn Oath. * $33, P S 34, e s 35. . . Ibid, CH, IV, op THE MILITIA. 67 out and embodied, unless I shall be sooner discharged.” 5TA i; 9 And any person so chosen by ballot, for whom such sub-lºgº. stitute shall have been so produced, approved, enrolled,” “” and sworn as aforesaid, shall be exempt from service in the militia, in the same manner as if he himself had served, according to the directions of this act.” The inhabitants of any place may produce volunteers, volunteers and if approved, they shall be sworn and enrolled." No peer nor commissioned officer in his majesty's other who not forces, or in any one of his majesty's castles or forts, nor *: b6. any officer on the half-pay of the navy, army, or marines, nor any non-commissioned officer or private man serving in any of his majesty's other forces, nor any commissioned officer serving, or who shall have served four years in the militia, nor any person being a professor of any of the four universities, nor any licensed clergyman, nor any pa- rish schoolmaster, nor any teacher licensede within the county, stewartry, city, or place, to teach in some separate congregation, whose place of meeting shall have been duly registered within the twelve months previous to the gene- ral meeting appointed to meet in August for the purposes of this act, nor any constable or other peace officer, nor any apprentice, seaman, or seafaring man, nor any person employed and mustered in his majesty's service in any of his majesty's forts or castles, nor any man who has more than two lawful children, and who is not possessed of an estate in lands, goods, or money, of the clear value of fifty pounds sterling, and who shall make oath that he is not seised or possessed of such estate, shall be liable to serve personally, or provide a substitute to serve in the militia." PERSONs who have served, are not liable to serve again * $ 36. from the English act. In Scotland * S 37. we have no persons precisely answer * These words, “licensed teach- ing that description. “ers,” appear, to have been taken “S 38. E 2 65 PUBLIC POLITY. BOOK We § 2. until by rotation it shall come to their turn; but substitutes STATUTES, "º. or volunteers shall serve again, if chosen by ballot." III, c. 9]. Deputy-Lieutenants may cause lists to be amended, and proceed to a fresh ballot.” penalty for PERsons chosen (except quakers), and not appearing, not appear-&c. forfeit £10, and at the expiration of five years, are *Ilg. * o o º liable to serve again, or provide a substitute." If the pe- malty be not paid, the person shall be compelled to serve.” If lists be If any lists be lost, new ones shall be made out; or any lost. two deputy-lieutenants may cause a new list to be made and returned to them, in the same manner as the list lost ought to have been." Persons EveRy person chosen by ballot to serve in the militia is . liable to such service, although he may have removed from dence, the place where his name was inserted in the list, provided he was residing in such place at the time when the list was prepared ; and every person having more than one place of residence, shall serve for the county, stewartry, city, or place where his name shall have been first inserted in such list as aforesaid; and the clerk to the subdivision meeting to which such list shall be returned, shall, if such person requires the same, grant a certificate gratis under his hand, that such person's name was inserted in such list, and spe- cifying the time when such list was made and returned." Parish in WHERE any parish lies in two or more counties or stew- two coun- ties, artries, it shall, for all the purposes of this act, be deem- ed part of the county or stewartry where the parish church is situated. a $38. b S 39. • S 40. as to the period of exemption ſrom “Ibid. By 43 Geo. III, c. 50, § 10, another ballot, which is still five the penalty was raised to £15 ster- years, as is stated in the text. ling; and by 47 Geo. III, c. 71, § 16, e 1bid. * S 41. & S 42. to £20. But no alteration was made * Ibid. * $43. + CII, IV. OF THE MILITIA. 69 PERSONs fraudulently bound apprentices shall be liable $2. to serve, and the master shall forfeit £10." "... III, c. 91. Two deputy-lieutenants may provide substitutes for Quakers. quakers, and may levy the expence by distress." Quakers may complain to the deputy-lieutenants at their next meet- ing, who are hereby empowered and required to hear and finally determine the same." No person is to be deemed a quaker, unless he produces . f º thereof. a certificate under the hands of two reputable housekeep- © Teo ers, who are quakers, of his being of that persuasion." No man is to be enrolled until reported fit for service by a Fit men. surgeon, who shall have an allowance for his attendance.* Two deputy-lieutenants may discharge persons chosen ºnfit is: º charged. by ballot, who are unfit for service, and cause others to be chosen." DEPUTY-LIEUTENANTs may class the men enrolled, and List * - º . . eIll'Ollê01, make out a list; a copy of which the clerk of the subdivi- III sion shall transmit to the clerk to the general meetings, to be entered in a book.” MEN becoming unfit to serve may be discharged; but if Pischarge º e of men be- this be done by the commandant only, it must be confirmed ing unfit. by two deputy-lieutenants before others are ballotted for." WHEN any private militiaman shall, before the expira-Death or 2 p motion º g º l'O | Q) lie tion of the term for which he was to serve, die, or be ap-" pointed a serjeant, corporal, or drummer in the militia, or a $44. b S 45. f $48. © Ibid. ° S 46. * For form of schedule, &c, see * By 53 Geo. III, c. 81, the al- Appendix. Iowance is £1 : 1s. per day. * S 49. is 50 E 3 '70 PUBLIC POLITY. BOOK Vs § 2. be discharged in manner aforesaid as unfit for service, or *... in pursuance of the sentence of a court-martial, such va- III, c. 91. cancy shall be filled up by a fresh ballot for a militiaman to serve according to the provisions of this act.” Private ap. No ballot is to be for a private appointed a non-commis- º, sioned officer or drummer in the room of one reduced to the ranks.” 2. vacancies. ON certificate of death, promotion, &c. the vacancies are to be filled up by ballot." Ballot. At subdivision meetings, men shall be ballotted for in room of those whose terms of service will expire before 20th of November next ensuing, and such men may be discharged, and the others received." servants. The enrolment of servants shall not vacate their con- tracts with their masters, unless the militia shall be embo- died, &c.; and if any dispute shall arise, touching wages under £20, two justices may settle it, and may grant war- rants for levying the money by distress, if not paid." substitutes SUBSTITUTES or volunteers who do not appear to be sworn ºne. in, shall return the bounty, and be liable to penalty." Two deputy-lieutenants or a justice may order the mo- ney agreed to be given a substitute or volunteer, to be paid him on enrolment, where the militia is not embodied. But where it is, they may order any sum, not exceeding one half, to be paid to the man himself, or to such person of his family as he shall direct; and the other to the clerk of the subdivision, to be remitted to the paymaster, to be paid the man on his joining, and being approved : If he * S 51. * $ 52. * $54, d $55, - $ 56. * $ 57. C.H. 1"W, OF THE MILITIA. 71 shall not join or be approved, the money shall be paid to § 2. the person provided in his room. The payment of suc *. money may be enforced as recovery of wages in Scotland, iii, c. 91. and the clerk neglecting to remit the money shall forfeit 2920. ENLISTMENT of a militiaman into the other forces shall Enlistment be void; and any man so offering to enlist, denying that." he is serving in the militia, or offering to serve in any other regiment of militia, shall be imprisoned for any time not exceeding six months, and his term of service shall recommence from his commitment, and when ended, he shall belong to the corps into which he enlisted." Persons so enlisting militiamen shall forfeit 920.” Soldiers offer- ing to serve as substitutes to forfeit 4910, or be imprisoned Some time not exceeding three months.” THAT if any persons shall give orders to any person Beating up serving in the militia, to beat up, in any city, town, or." place, for volunteers to serve in the militia, he shall, upon proof thereof, and upon such beating up as aforesaid, up- on oath before any justice of the peace, forfeit #20, one moiety to go to the informer ; and if such serjeant, drum- mer, or other person, shall refuse to declare upon oath be- fore such justice from whom he received such orders, it shall be lawful for such justice, by warrant under his hand, to commit him to the house of correction for any time not exceeding three months.” PENALT1Es for refusing to serve or to find substitutes Penaltieſ, hall be applied in providing them: and lus shall’.” shall be applied in providing them; and any surplus shallplied. be a part of the regimental stock. A return of penalties, and persons paying them, to be transmitted by the clerk of the subdivisions to the clerk of the general meetings, &c." * S 58. * S 59, s Ibid. a Ibid. • S 60. f S 61. 72 PUBLIC POLITY. BOOK W. § 2. Lieutenants, deputies, and justices, are authorised to **''''", administer oaths.” -42 GEo. III, c. 91. º: bat. The militia of the several counties, &c, must be divided into fifteen different regiments or battalions, consisting of companies not more than one hundred men, nor less than sixty men each; and that for the formation of the said regiments or battalions, the said counties must com- pose regiments or battalions, and be classed as follows: viz. The counties of Aberdeen, Ayr, Fife, Lanark, Perth, and Renfrew, shall form each a battalion; and the following counties, stewartries, cities, and places, shall be joined to- gether to form battalions: viz. The counties of Argyle and Bute; The counties of Berwick, Haddington, Linlithgow, and Peebles; The counties of Caithness, Sutherland, Ross, and Cro- marty ; The counties of Dumfries, Roxburgh, and Selkirk; The county of Edinburgh, and the city of Edinburgh; The counties of Forfar and Kincardine ; The counties of Inverness, Banff, Elgin, and Nairn: The stewartry of Kircudbright and county of Wigton; and The counties of Stirling, Dunbarton, Clackmannan, and Rinross.” Companies, To each company there shall be one captain, one lieu- lº" tenant, and one cnsign; and in every regiment or batta- lion, consisting of not less than four hundred and twenty private men, there shall be one colonel, one lieutenant-co- lonel, and one major; and in every regiment or battalion consisting of less than four hundred and twenty private men, there shall be one lieutenant-colonel, and one major." a $62. b S 63. • $ 64. CH. IV. OF THE MILITFA. 73 Where a regiment or battalion shall consist of less than s 2. four hundred and twenty private men, but not less thanº". two hundred and fifty private men, there may be appoint-in c.gi. ed a colonel, lieutenant-colonel, and major, but with no Battaliºn higher pay than that of lieutenant-colonel, major, and cap- º tain, respectively.” Every regiment or battalion consist- ing of five companies, but less than eight companies, may—of 5 com- have one company of grenadiers or light infantry, to which” two lieutenants shall be appointed, instead of one lieuten- ant and one ensign; and every regiment or battalion con- sisting of eight companies or upwards, may have one com--ºf 8 com: pany of grenadiers and one company of light infantry, to panies. each of which two lieutenants shall be appointed, instead of one lieutenant and one ensign. To every company con- sisting of ninety private men and upwards, there may be 90 privates. two lieutenants and one ensign, or three lieutenants, as the case may be.” WHERE three or more places are joined together to form 3 places to- a battalion, the colonel shall be appointed by the lieuten-º" ant of the place furnishing the greatest number of private. men; the lieutenant-colonel by the lieutenant of the coun- ty or place furnishing the next greatest number ; and the major by the lieutenant of the county furnishing the third greatest number.” Where two counties or places only are joined together 2 counties. to form a battalion, the colonel and major shall be appoint- ed by the lieutenant of the county furnishing the greatest number; and the lieutenant-colonel by the lieutenant of the county or place furnishing the smallest number ; and where one county or place of itself forms one battalion, then the colonel, lieutenant-colonel, and major, shall be ap- pointed by the lieutenant of the place." § 64. * Ibid. ' • S 65. * Ibid. 74. PUBLIC POLITY. BOOK V, § 2. st ATUTES, —42 GEO. III, c. 91. Field offi- CC1"Se Appoint- ment of officers. WHERE any county or place does not furnish men suf- ficient to form a company, the lieutenant of such county shall not appoint any of the field officers.” WHERE the men furnished by any county or place shall not be sufficient for a company, the lieutenant of the coun- ty furnishing the greatest fractional part of a company shall appoint the captain ; the lieutenant of the county furnish- ing the next greatest fractional part of a company shall ap- point the lieutenant; and the lieutenant of the county fur- nishing the next greatest fractional part of a company shall appoint the ensign ; and where the men furnished by two counties only form one company, or the fractional part of a company, the lieutenant of the county furnishing the largest fractional part of such company shall appoint the captain ; and the lieutenant of the other county shall ap- Supernu- Mºeraries. point the lieutenant and ensign : And where any county shall furnish men sufficient for one or more complete com- pany or companies, the captains, lieutenants, and ensigns of such company, shall be appointed by the lieutenant of such county; and any fractional part of a company which may remain, furnished by such county, shall become sub- ject to the rules above prescribed, where the men furnish- cd by two or more counties, stewartries, cities, or places, are requisite to complete a company.” His majesty may direct a supernumerary officer or offi- cers to be appointed to men trained to the service of artil- lery." OFFICERS accepting commissions of the same rank in other regiments rank according to the dates of vacated commissions." * WHERE the commandant shall be absent from Great Command- ant absent. a $ 66. * $67, • S 68. a $ 69. CH, IV, OF THE MILITIA. 75 Britain, his majesty may direct the officer next in com- s 2. mand to act for him, who shall be vested with the same *. powers till the commandant shall return, and notify his in, c. 91. arrival.” The officer next in command shall, within seven days after assuming the command, notify the absence of the commandant to the county lieutenant, and when in actual service, to the secretary of war. Orders given by the commandant for clothing or accoutrements shall be completed, and the money paid to his order, though he may leave Great Britain, as shall the orders given by the officer next in command during the absence of the com- mandant, though he may return." His majesty appoints adjutants from the army or mili- Adjutant tia, who shalſ preserve their rank in the army, and mayº” be appointed to the rank of captain after five years service, though not qualified ; but no adjutant so appointed to that rank shall command any captain of a company, or be en- titled to greater pay than adjutant." The lieutenant authorised to name the colonel may, surgeon. with the approbation of his majesty, appoint a surgeon, who shall, when the regiment is disembodied, receive an allowance for his attendance during the exercise of the militia, and at enrolments, and be paid for medicines, &c." The surgeon, when the regiment is embodied, is to receive the pay and allowance of a surgeon of infantry, but not to hold any other commission.* The colonel, with the approbation of his majesty, may appoint a person who has served in the army or militia to be quarter-master, who may have the rank of a subaltern, though not qualified, but shall not hold any other commis- sion.8 * S 70. Ibid. • Ibid, a S 71. $ 72, f Ibid. • S 73. 76 PUBLIC POL1"I'Y. BOOK V, § 2. STATUTES, —-42 GEo. 111, c. 91. Clerk. Adjutant. Half-pay officers. Serjeants. The colonel, when a regiment is not in actual service, may appoint a clerk, who shall act as paymaster.” No adjutant, &c. to be appointed captain of a company, nor any captain of a company to be appointed adjutant, &c.b HALF-pay officers serving as subalterns, &c. may receive their half pay on taking the following oath:* “I A. B. do swear, that I had not, between the and the any place or employment of profit, civil or military, under his majesty, besides my allowance of half pay as a reduced in late regiment of save and except my pay as lieutenant, ensign, adjutant, regimental or battalion clerk, quarter-master, or surgeºn, (as the case may be) for serving in the militia.” WHEN the militia is not in actual service, there shall be one serjeant and one corporal to every thirty private men; If in actual and when drawn out into actual service, there shall be one service. If not. Pay. Oath. serjeant and one corporal to every twenty private men ; and when not in actual service, there shall be one drum- mer to every company, with an addition of one drummer for each flank company of regiments or battalions consist- ing of five or more companies as aforesaid; and when drawn out into actual service, there shall be an addition of one drummer to every company so drawn out; and the daily pay of every such serjeant, when not in actual ser- vice, shall be one shilling and sixpence, of every corporal one shilling and two-pence, and of every drummer one shilling; and such serjeants, corporals, and drummers, shall be new clothed, when not in actual service, once in two years; and all serjeants, corporals, and drummers, shall take the following oath; (that is to say), “I A, B. • $74. b ş 75. • S 76. d Ibid. CH, IV, OF THE MILITIA, 77 do sincerely promise and swear, that I will be faithful, and $3. bear true allegiance to his majesty king George ; and that". I will faithfully serve in the militia, within Great Britain,” “*” for the defence of the same, until I shall be legally dis- charged.” The colonel may appoint a serjeant-major and drum-ma- jor: but no publican shall be a serjeant, corporal, or drum-º. mer.” An additional corporal may be appointed, where; anº. there is a surplus of fifteen men above the proportion of thirty to a serjeant and corporal.” The commandant of any regiment, battalion, or corp of militia, with the approbation of his majesty, is empower- ed to appoint additional non-commissioned officers and drummers to such regiment, battalion, or corps, in the pro- portion of one additional serjeant, and one additional cor- poral, and one additional drummer, for every fifty super- numeraries his majesty may order to be raised for such re- giment, battalion, or corps." THE 41 Geo. III, cap. 55, had authorized his majesty Retained © º * ſº º wº adjutants, to retain in actual service adjutants, serjeants-major, and . the whole of the serjeants and drummers of the militia then embodied, for a certain time therein mentioned. By 42 Geo. III, serjeants-major, serjeants, and drummers, are to be taken in the first instance from those retained ones.” CoMMANDANts may discharge serjeants, &c. and ap-Serjeants point others.f discharged. Extra drummers may be kept as fifers or musicians, . tº TUIIIll] leſss at the expence of the regiment.g SERJEANTs and out-pensioners of Chelsea hospital may out pen- ſº e • ." Sioners. receive their allowances therefrom, together with pay in 1One * $ 77. "Ibid. • Ibid. "53 G. iii. 1,8195, e s 78. f.s 79, g s 80. 7S PUBLic polity. BOOK W. s 2. the militia." Serjeants, &c. having served twenty years in sº the militia, may be placed on the Chelsea pension." —42 GEOe III, Ce 91. THE militia are to be exercised twenty-one days annu- ally." Exercise. If disem- WIIEN any regiment shall have been disembodied, his bodied. majesty may order it not to be trained for twelve months." During the time of exercise, the mutiny act and articles of war shall extend to the militia, but not to the extent of life or limb; and any officer commanding a detachment, not court-mar-being under the rank of a captain, may order courts-martial tial. to be held, and the commandant of the regiment, on appli- cation, shall order a sufficient number of officers to attend; but the sentence shall be submitted to the commandant.” Mutiny act. Where a county of itself forms a battalion, the notice Time and of the place and time of exercise shall be sent, by order of place, the general meetings of lieutenancy of such county, by the clerk of the general meetings, to the clerk of the several subdivision meetings in such county ; and where two or more counties, stewartries, cities, or places, compose a bat- Notice. talion, the notice shall be sent by order of the general meet- ings of lieutenancy of the county composing the greatest number of such regiment or battalion, not only to the clerk of the several subdivision meetings in such county, but also to the clerk of the general meetings of the other county composing such battalion, who shall again send notice to the clerk of the several subdivision meetings, which shall issue orders for calling out the men. Notices affixed on the church doors, shall be sufficient.” Constables must give written notices to the men to attend.6 Exercise. • S 81. b Ibid. ° S 82. d $83. * S 84. * S 85. * Ibid. © FI. IV, or THE MILITIA, 79 CLERKs of subdivision meetings send lists of the men en- s 2. rolled, and the time and place of exercise, to the command- *... ing officer, or person by him appointed to receive them.” In, c. 91. Exercise. THE pay of men called out to exercise commences on Pay. their joining; but to such as have been prevented, the commanding officer may direct an allowance to be made, on a satisfactory certificate.” MEN coming from a distance to the place of exercise Allowance shall, on a certificate from two deputy-lieutenants, receive ... certain allowances, which shall be repaid to the clerk of the subdivision by the collector of the land-tax." MILITIAMEN falling sick on the march may be relieved Sickness in by warrant of a justice; and the expence which the justice“ ” thinks reasonable shall be reimbursed by the collector of the land-tax." JUSTICEs, and other magistrates, may billet the militia Billetting. when called out to annual exercise, and when not called out, may order quarters for the non-commissioned officers and drummers." Justices may aid in providing carriages and horses for Carriages. conveying the arms, &c. of the militia on its march, as for his majesty's forces.” MILITIAMEN, when called out to exercise, may be put Stoppages. under stoppages for providing them with linen, &c.8 RETURNs of the militia, when called out to exercise, are, Returns, within fourteen days, to be made by the colonel to the county lieutenant, and a duplicate to the clerk of the ge- * S 86. * S 87. • $ 88. * S 89. • S 90. * S 91. s $92. 80 PUBL1C POL1TY. BOOIK V. § 2. meral meetings. If the regiment be exercised in parts, the "... officer commanding each part shall, under the penalty of in, c. 91, ſ220, make, within seven days, a return to the colonel, who, within fourteen days after receiving all the returns, shall make a return to the lieutenant of the county: The penalty for neglecting this for three months, is £50.” Returns. CAPTAINs of companies make out a return” for the ad- jutant, or where there is none, for the commanding officer, who shall make out a general return, and transmit the same to the clerk of the general meetings, and necessary extracts to the clerks of the subdivisions, who shall correct their books of enrolment therefrom." The clerk to the general meetings, within two months, transmits to the secretary of Penalty. state an abstract of returns." The penalty for neglecting to make returns is £50.” Non-at- MEN not appearing at the time and place of exercise, or * absenting themselves during that time, if not taken till Penalty, after, shall forfeit ten pounds, or shall be committed for Absence six months.” If men absent themselves, and do not return, for three * * * ionºs, or are not taken within three months, others shall be bal- lotted for; and whenever they return, or are taken, they shall be compelled to serve.* Arms sell Muskets are to be marked; and if any men sell, pawn, 1ng- or lose their arms, &c. or neglect to return them in good or- der, they shall forfeit a penalty not exceeding three pounds, or shall be committed for a period not exceeding three Arms buy-months." If any person shall knowingly and wilfully buy, ing. take in exchange, conceal, or otherwise receive any militia arms, clothes, or accoutrements, or regimental necessaries, he shall forfeit for every such offence the sum of ten • S 93. * In the form in schedule (F), See App. II. • $94. * In the form in schedule (G). See App. II. • $ 94. f § 95. & S 96. * S 97. CII, IV. OF THE MIL1TIA. 81 pouñds; and if such offender shall not immediately pay $ 2. such penalty, and shall not have sufficient goods and ef.". fects whereon to levy such penalty, the justice before whom III, c. 91. he or she shall be convicted shall commit him or her to the common gaol, there to remain without bail or main- prize for the space of six months, until he or she shall have paid the said fine, or shall cause such offender to be publicly or privately whipped, at the discretion of such whipping, Justice.” When the militia is not embodied, serjeant-majors, ser-Court-mar- jeants, corporals, drum-major, and drummer, may be triedtial. by a court-martial for offences committed; and serjeants, &c. for desertion, while the regiment was embodied, and not taken.” The commandant of the regiment to which the offendercourt-mar- shall belong, may order any officers of the regiment, resi-" dent where the trial is to be, or within ten miles, to assist as members of the court-martial, but no officer so attend- ing shall be entitled to pay." Sentence is not to be put in execution till it be confirmed by the colonel, &c." NoN-com Missioned officers and drummers may be re-Reduced, duced to serve as privates for a certain period, and if not then restored, they shall be discharged." ARMs, &c. when the militia is not embodied, are to be Arms, kept where the commandant shall direct, with the appro- bation of his majesty." NoN-com Missioned officers and drummers are to reside Depot, where the arms are kept, and be under the command of the adjutant, and monthly returns of their state shall be a S 98. b S 99. ° S 100. d Ibid. • S 101. * S 102. WOI, III. IP 82 PUBLIC polity. BOOK W., s 2. made by him, or in his absence, by the serjeant-major, &c. *... to the secretary of state, the county-lieutenant, and the III, c. 91. commandant of the corps." Serjeants, &c. absent on leave receive pay as specified in the act; and if absent without Adjutant, leave, forfeit their pay, and are deemed deserters." The ad- jutant shall not be absent without leave, nor for more than three months in the year, except in sickness; and when absent, the serjeants, &c. are to be under the command of the battalion clerk, &c." * Absence IF any militiaman shall not join, or shall desert the re- º * giment at the time of annual exercise, and shall not be ap- prehended before the expiration of the time appointed for such exercise, the commanding officer or adjutant may, by a writing under his hand, describe the person of such of ſender, and send the same by a serjeant, corporal, or drum- mer, to the adjutant or serjeant-major of the regiment or battalion of the county wherein such offender is supposed to reside; and the adjutant, serjeant-major, or senior ser- jeant to whom such certificate shall be sent, shall forth- pºsite, with direct a party of the serjeants, corporals, or drum- apprehend-mers, of the regiment or battalion to which he belongs, Ing. to assist in the apprehending such offender, and in con- veying him before some justice of the peace of the county wherein such offender shall be apprehended." Proof. If by his confession, or the testimony of any witness or witnesses upon oath, or the knowledge of such justice, it Private shall appear that such person is guilty of such offence, he *** shall be sent back, and delivered into the custody of the custody adjutant or serjeant-major of the regiment to which he be- longs, who shall take him before a justice of the peace, to be dealt with as this act directs, in cases of militiamen de- * S 103. b Ibid. • Ibid. * S 104. €II. 1 W. of the MILITIA. 83 serting or absenting themselves from their duty, when not $ 2. embodied or called out into actual service.* . º: III, c. 91. FROM the time of his being so apprehended, such of D. sºrters fender shall be subsisted at the rate of sixpence per day,” from the public monies in the hands of the collector of the land-tax of the county,” For this subsistence, such justice is hereby required to Justice. make an order upon one collector, who shall be allowed the same in his accounts,c If any serjeant, corporal, or drummer, shall desert from Serjeant the regiment or battalion to which he belongs, it shall be"& lawful for any constable or other officer of the town or place where any person who may be reasonably suspected to be such deserter shall be found, to cause such person to be apprehended and taken before any justice of the peace living in or near to such town or place." The justice must then examine the suspected person ; Proof. and if, by his confession, or the testimony of any witness or witnesses upon oath, or by the knowledge of such justice, it shall appear that he is a deserter, he shall forthwith cause him to be conveyed to the common gaol of the coun- ty, or the house of correction, or other public prison in or near the place where he was apprehended. The gaolers will receive the subsistence of deserters while confined, but no fee.* THE justice must transmit an account to the clerk of the Transmis- * º tº rhiz. sion of ae- general meetings of the county or place to which the de- count. serter belongs, who immediately transmits a copy thereof to the commanding officer, and also to the adjutant of the * S 101. b Ibid. * Ibid. d Ibid. • Ibjd. F 2 84 PUBLIC POLITY. BOOK W. s 2. regiment to which the deserter belongs; who must send *... an order under his hand to the keeper of the said house of in, c. 91. correction, or prison, requiring him to deliver such deser- ter to the person or persons therein named, by whom he must be conveyed to the adjutant or senior serjeant of the corps to which he belongs; and such adjutant or serjeant shall take such deserter before a justice of the peace of the place to which he belongs." Justices. The justices must forthwith cause him to be conveyed to the common gaol, house of correction, or other public prison of such county, where he shall remain without bail or mainprize, until a court martial can be held." Gaolers are to receive and confine deserters, on penalty of twenty shillings. Serjeants, &c. conveying deserters, or on any march, shall be billetted as the other forces.” Reward for PERSONs apprehending deserters are to be paid twenty ** shillings. The justice of the peace before whom any de- serter shall be convicted, may issue his warrant to the clerk of the regiment, or to the commanding officer, requiring such clerk, or such commanding officer, to pay twenty shillings to the person apprehending the deserter." Conceal- PERSONs concealing or assisting deserters, forfeit five ment of de- ounds." $6 rićrS, p I] * Invasion. IN cases of actual invasion, rebellion, &c. his majesty may order the militia to be embodied, and put under the command of general officers, &c." / Confined to THE militia is not to be ordered out of Great Britain.6 Britain. * * $ 104. tº Ibid. o Ibid. a $105, • $ 106. * $ 107. G $ 198. (CH, IV, OF THE MILITIA, 85 WHEN his majesty shall so order the militia to be em-..... bodied, he shall issue a proclamation for the meeting of 32 crº. parliament in fourteen days.” 111, c. 91. WHEN the militia is ordered to be drawn out, the coun-Militia ty lieutenants shall issue orders to the chief constables, to drawn out. be forwarded to the constables, &c. who shall cause notice to be given to the men to attend.” MILITIA officers do not sit on trials of officers or soldiers Militia offi- !--- ~~ c cers sit not of the other forces, nor contrariwise." . on trials. IF militiamen do not march pursuant to order, they shall be deemed deserters, and persons harbouring such ab- sentees shall forfeit one hundred pounds." THE militia, when ordered to be drawn out, are entitled Chelsea, to the same pay as other infantry, and non-commissioned officers or men maimed or wounded, are entitled to the benefit of Chelsea hospital.” THE pay of officers and men who shall not join on the Pay of off. day appointed, unless prevented by necessity, shall com- “” mence only from the day of joining." THE pay of men enrolled after the militia is embodied, of men. commences from the day of joining; but an allowance may be made them at the time of enrolment, to enable them to march, which is paid by the clerk of the subdivision, who shall be repaid by the collector of the land-tax." WHEN a regiment is drawn out, the colonel shall ap- oint an agent, from whom he shall take security, and Agent, shall make good deficiencies in pay, &c." a Ś 109. b S 110. e S 111. d S 112. ° S 113. f S II.4. & S 115. h $116, If 3 86 IPUBLIC POLITY. BCOK § 2. STATUTEs, —42 GEo. III, c. 91. Lists. Returns. Bounties after five years, Deserting, When the militia is ordered out, the collector of land- tax shall pay to the captain of every company one guinea for the use of each man, and also for each recruit, as early as may be after he has joined, to be laid out for his advantage." Captains account with the men for the same.” When a regiment is out of its county, a list of men whose time of service shall be within four months of ex- piring, and who shall be willing to continue to serve, and for what price, shall, at certain periods, be transmitted by the commanding officer to the clerk of the general meet- ings. The signing the list shall be binding." THE clerk of the general meetings shall transmit to the clerks of the subdivisions extracts of the returns, and the deputy-lieutenants may cause the men willing to continue to serve, to be enrolled as volunteers, and the same num- ber shall be ballotted for ; and the ballotted men may ap- point the volunteers their substitutes, and on their trans- mitting the bounty to the paymaster, shall be in the situa- tion as others who have found substitutes." Bounties to men chosen by lot, whose term shall be prolonged beyond five years, shall be paid by the collector for the county to the captain of the company, for the use of the men;" and also for substitutes or volunteers, whose terms shall be so prolonged, and a like bounty at the end of every three years they shall continue to serve beyond the five years.” If any substitute or volunteer shall not join, or if any * not join-of them, or if any serjeant, corporal, or drummer, shall ing, desert or absent himself, he may be adjudged to further § 117. " Ibid. • S 118, d S 119. § 120. f $121, CH, IV. OF THE MILITIA, 87 service in the militia, or to service in the other forces; and $2. in the latter case, if the sentence be approved by his ma-.”. jesty, the secretary at war, or his deputy, may order him it, c. 91. to be entered as a private soldier, and conveyed to the head quarters of any regiment, or for recruits belonging to re- giments on foreign stations.” WHEN the whole number of men enrolled for any place vacancy. shall have been ordered to be embodied, if any shall after- wards make default, and not be taken within three months, the vacancies shall be filled up by ballot.” If his majesty shall order the militia, or a proportion Embodied thereof, to be embodied, the county lieutenant, &c. shall" Pºº issue his order to the clerks of the subdivisions, to make out lists of all persons enrolled in each by a certain day, Lists, and a duplicate copy shall be made for the use of the de- puty-lieutenants, and another transmitted to the clerk of the general meetings, for the use of the lieutenant; and he shall also issue orders for assembling the men within their respective subdivisions, and in such proportion as shall seem expedient; and the schoolmasters, &c. shall Schoolmas. cause written notice to be given to the men to attend ;” and notices of the time and place to be affixed to the church doors.” MEN not appearing, or not abiding the orders of the Deserters, deputy-lieutenants, are to be deemed deserters; and if not taken before the ballot is completed, shall forfeit #10, and be liable to be embodied.” The county lieutenant, &c. must appoint the first sub-Subdivi. division meeting for balloting, and the time and place for’” assembling the men chosen, of which the deputy-lieute- * S 122. b S 123. ° S 121. * $125. * Ibid. 'S 126. 88 PUBLIC POLITY. BOOK Y. § 2. nants shall give notice, and shall cause a proportion of the STATUTEs, 4. iº º "º"... men to be ballotted for, and their names marked on the * c. 91 list, which is to be called over, and the names of the per- º: aſ Sons chosen shall be returned to the county lieutenant, &c. C1' ballot. tº * g o e and the time and place of their being to be embodied de- clared ; and the men not chosen shall be discharged from further attendance.” Correction DEPUTY-LIEUTENANTs, in their several subdivision of names. º t mectings, before they proceed to choose or ballot, may re- vise and correct the names of the men contained in the several classes, according to the changes since the last cor- rection thercof." Classes examined. Whe N his majesty shall order only a part of the militia to be embodied, the deputy-lieutenants shall examine the classes, and if the number required shall equal that con- tained in the first, or first and second, or succeeding classes in their order, the men in such classes shall be chosen without ballot ; but if the number be less than that con- tained in first class, it shall be ballotted for out of such class only ; and if it be more than that and any succeeding class in order, such classes shall be first chosen, and the remainder of the men ballotted for out of the next class to the last wholly taken ; and in like manner, any further proportion, as well as vacancies, shall be supplied." Vacancy. If any man enrolled in any subdivision of a county, the militia whereof shall be ordered to be embodied, shall de- Freshballot.sert or be absent, and shall not be taken within three months, the vacancy shall be filled up by a fresh ballot." :* Volunteer. Any person enrolled, and not chosen, not having a child under fourteen, and not being more than thirty-five years old, may be accepted of as a volunteer." a $ 127. 5 § 128. • S 129. d S 130. • S 131. CH. IV, OF THE MILITIA. 89 MEN attending at the ballot, and not being chosen, shall $ 2. be paid by the clerk one shilling per diem while from home, *. which the collector shall reimburse.” III, c. 91. Attendance CLERKs may draw upon the collectors, by order of the Allowances deputy-lieutenants, &c. for money to pay allowances.” CLERKs, when required by deputy-lieutenants and jus- tices, must make out accounts of the monies received and paid. The accounts examined and allowed" are the proper Vouchers. His majesty may order the remainder of the militia to be Embodying cmbodied." When his majesty shall order any further proportion of the militia to be embodied, the county lieu- tenant, and other officers, shall pursue the rules prescribed forembodying the first proportion." WHILE any part of the militia shall continue embodied, his majesty may order any part of it not embodied to be drawn out, in order to be mustered, trained, and exer- cised.* WHEN the whole militia of any county, &c. is ordered whole to be embodied, all the officers, non-commissioned officers, drawn out- and drummers, shall join ; and when a part, such a pro- portion of them as shall be ordered by his majesty, who shall regulate the numbers and duties of those remaining in the county, &c. for mustering, &c. the privates." His majesty may disembody the militia, and embody pisem- them, as to him shall seem necessary, according to the bodying: provisions of this act." a $132. b S 133. • S 134. d S 135. ° S 136. * S 137. s S 138. * S 139. 90 I?UBLIC POLITY. \}O()K. V. § 2. STATUTES, –42 GEO. 111, c. 91. Invasion. Supple- mentary. Vacancies. Supple. mentary. Additional officers. Number of companies. The militia, when disembodied, are to be subject to the same orders only as before they were drawn out." IN case of invasion or rebellion, his majesty may, by proclamation, increase the militia, not exceeding half the number required by this act, and the county lieutenants and deputies shall apportion the number, and proceed to raise and enrol the men, at such time as shall be specified in the proclamation." WHEN the supplementary militia is raised, his majesty shall issue a proclamation for the meeting of parliament within fourteen days.” His majesty, by proclamation, may reduce and disem- body the supplementary militia, but the privates shall re- main liable to serve for the periods for which they were en- rolled, and shall supply vacancies in the places for which they were enrolled; and no ballot shall take place while such vacancies can be supplied from them; but they shall not be liable to supply vacancies for any other place than that for which originally enrolled." The supplementary militiamen make part of the regi- ment of the county.” AportionAI, officers, serjeants, corporals, and drum- mers, shall be appointed as for the regiment." No regiment shall have more than 12 companics, nor more than ten if less than one thousand men.* AN additional major shall be appointed to every regi- ment increased to eight hundred privates or upwards." Additional major. * $ 140. * S 141. • $142. d Ś 143. * S 144. f Ibid. s S 115. h S 146. ÇH. 1"We OF THE M1LITIA. 91 The lieutenant of the county appoints the additional $ 2. major; but no additional field officer shall be appointed”. by the lieutenant of a county not furnishing sufficient form, c. 91. a company.” County LIEUTENANTs, &c. transmit certified returns of Lord lieu- the militia, and times of exercise, to the clerk of the com-" missioners of supply annually, on or before December º 25th, to be kept among their records ;” but where none are received by the clerk, he shall certify the same to the commissioners.” WHERE the quota of any county, &c. shall not be rais-quota. cd within a limited time, 4910 shall be paid annually for Penalty. each man deficient, for which the commissioners of supply shall make an assessment.” SUCH assessments upon counties shall be made on each Assess. parish proportionally to the number of men it is required” to raise.f When the deficiency shall arise in any particular parish Deficiency. or parishes, the assessment shall be made thereon.g THE commissioners of supply failing to make such as- ..., sessments, shall be personally liable for the amount, which jº" may be recovered by summary complaint to the sheriff or stewart-depute, by the county lieutenant." * S 147. § 150, was repealed by 44 Geo. III, b S 148. c. 66, § 19, till the militia shall be • S 149. reduced to their original quotas. d Ibid. * $ 151. * S 150. So much of this act as s S 152. yclates to fines, and, of course, this * S 153. 92 PUBLIC POLITY. BOOK Wr § 2. STATUTEs, —42 GEo. 111, c. 91. Magis- tratcS. Partly landward. Commis- sloners of Supply. Collectors. In two counties. WHERE there is not sufficient evidence of the valued rent, the assessments are made according to the customary payment of the land-tax.” IN cities, &c. the assessments shall be levied as the cess stent, and other public burdens.” MAGISTRATES neglecting to make such assessments in cities, &c. shall be personally liable for the amount, which may be recovered by summary complaint to the sheriff or stewart-depute by the collector of the land-tax.c WHERE parishes are partly landward and partly within burgh, the landward part of the parish shall be considered as part of the county, and the part within burgh shall be included in the assessment for the burgh.d * CoMMIssion ERs of supply must transmit the amount of the sums assessed, to the collector of the land-tax, who shall give notice to the persons assessed, and levy the same.* CoLLEctoRs may retain such money in their hands three months, and pay thereout bounties to any volunteers that the deputy-lieutenant shall raise within that period for supplying deficiencies, and then pay the balance to the receiver-general of Scotland.f WHERE a place lies in two counties, the assessment shall be paid to the collector of that wherein the church stands.3 # WHEN the whole assessment upon any place is paid to the receiver-general for Scotland, it shall be indemnified for Assess- Mºlente a $154. b S 155. c § 156. d 8 157. “s 158. f § 159. g $160. t CH. IV. OF THE MILIT1A, 93 not raising its quota, and he shall, within ten days after . . $2. º e & Zºº & TATUTEs, receiving any money, certify it to the treasury, and pay º GEOs it into the exchequer, to be disposed of by parliament,a ru, c. 91. THE collector may detain 1d. per pound of the money Collector, he receives.” The clerk of supply must transmit annually copies of clerk of certificates received from the county lieutenants; and where *PP'y. they are not delivered, must certify such omission to the barons of exchequer, and collector of the land tax, &c. and shall certify omissions of commissioners of supply in pro- ceeding to raise the money where the militia has not been raised, to the king's attorney in exchequer, who shall compel them to do it.c If £10 per man be not raised in any place, and paid Attorney in into the exchequer, his majesty's attorney in exchequer in” Scotland shall compel its being done." CLERKs of supply wilfully neglecting to transmit those clerk of certificates, shall for every offence forfeit £200 sterling, "PP”* and be incapacitated to hold any office, civil or military, under the crown. Every collector of the land-tax neglect-Penalties: ing his duty, forfeits £200 sterling; every chief constable" 42504, every other officer £20 sterling.f The king's at- torney in exchequer shall lay such offences before his ma- jesty's advocate in Scotland, who shall prosecute for the same.* The penalty on his majesty's attorney for neglect is £500 sterling." THE provisions of 24 Geo. II, c. 44, intituled, An act jor the rendering justices of the peace more safe in the ex- a $161. b S 162. c S 163. d S 164. * In Scotland we have no chief constable, f S 165, 8 Ibid. "Ibid. 94, PUBLIC POLITY. WºOOK W. § 2. ecution of their office, and for indemnifying constables and *. others acting in obedience to their warrants, extend to all his i. i. majesty's lieutenants, and to all deputy-lieutenants acting une 26, . e e tº * - O isog,” in the execution of this act, in like manner, and as fully and effectually as to justices of the peace acting in the ex- ecution of their office.” seats in CoMMIssions in militia do not vacate seats in parlia- parliament ment.” Yº..." ab- Voteſts going to elections of members are not punish- able for absence.” .** Non-commission officers, drummers, and privates, are IS. e not liable to serve as peace-officers.” Trades. EveRy person having served in the militia, when drawn out into actual service, being a married man, may exercise any trade in Great Britain, as soldiers may under 24 Geo. III, cap. 44." iº: THE amount of allowances to schoolmasters, constables, &Il Ces and other officers, must be certified by the county lieute- nant or deputies, to the barons of exchequer, who shall grant warrant for payment.* renalties, ALL fines, penalties, and forfeitures, not by this act recoveryoſ. particularly provided for, which shall exceed the sum of £20, shall be recovered in the court of exchequer in Scot- land.g £20 and BUT fines, not exceeding £20, the manner of recovery "* whereof is not particularly provided for, shall, on proof a Ś 166. * S 167. • $ 168. d S 169. ° S 170. See above, ch. 3, § 4. f S 171. s S 172. CH. IV. OF THE MILITIA. 95 upon oath of the offence before any two or more justices s e. of the peace of the county, stewartry, city, or place, where º: the offence is committed, be levied by distress and sale of ſº, c. 91. the offender's goods and effects, by warrant under the #. 26, hands of such justices.” de The overplus (if any) must be rendered on demand, af. Distress. ter deducting the charges of such distress and sale; and for want of sufficient distress, such justices are hereby re- quired, in all cases where no particular time of commit-Commit. ment is directed, to commit such offender to the common” gaol of the county where the offence shall have been com- mitted, for any time not exceeding three months.” THE money arising by all such fines, penalties, and for- ºr. feitures, the application whereof is not otherwise particu-.” larly directed by this act, shall be paid to the clerk or com- manding officers, as part of the public stock of the regi- ment." No order of conviction made by the lieutenant of any Finality of county, or by any two or more deputy-lieutenants, or by .* any one deputy-lieutenant, together with any one justice of the peace, or by any justice or justices of the peace by virtue of this act, shall be removed by bill of advocation Advocation out of the county, stewartry, city, town, or place, wherein * such order or conviction shall have been made to the court of session ; and no bill of advocation or suspension shall supersede execution or other proceeding upon any such order or conviction so made in pursuance of this act, but execution and other proceedings shall be forth- with had and made thereupon immediately upon convic- tion." If any action shall be brought against any person orºp. IOI). * S 172. * Ibid. e Ibid. * S 178. 96 l” UBLIC POLITY. Look v. § 2. sTATUTEs, —42 G.I., (). III, c. 91. June 26, 1802. Forum. Prescrip- tion of ac- tions. —43 GEo. III, c. 19. —43 Gro. 111, c. 38. Feb. 22, R 803. Tº educcd oſtic.crs. a persons for any thing done in pursuance of this act, such action or suit must be commenced within six months next after the fact committed, and not afterwards, and shall be laid in the county, stewartry, city, or place where the cause of complaint did arise, and no where else, unless be- fore the court of cxchequer in the cases allowed by this act; and the defendant or defendants in every such action or suit may plead the general issue, and give this act, and the special matter in evidence ; and if the defendant or defendants shall be assoilzied in any such action or suit, or if the plaintiff or plaintiffs shall be nonsuited, or discon- tinue his, her, or their action or suit, aſter the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and have the like remedy for the same, as any defendant hath in other cases to recover costs by the laws of Scotland." UNDER the 42 Geo. III, c. 91, the militiamen were to be called out twenty-one days each year; but the statute, 43 Geo. III, c. 19, lengthened the yearly period for training to twenty-eight days. Tire 43 Geo. III, c. 38, was passed for providing, until 25th March 1804, for the more speedy and effectual com- pletion of the establishment of officers in the militia of Great Britain, and for facilitating and filling up vacancies therein. This act was revived by 44 Geo. III, c. 50, and continued until the ratification of a definitive treaty of peace. By this act, 43 Geo. III, c. 38, it was provided, where any reduction of militia officers shall have taken place in virtue of 42 Geo. III, c. 91, &c. such officers may succeed to vacancies, if approved of by his majesty, and take rank * S 174, £H. IV. OF THE MILITIA. 97 9 under their original commission.” His majesty may ap- $ 2. prove the appointment of any captain, being reduced, as". not qualified under said acts, to resume his station."ril, c. 38. Captain-lieutenants serving at the passing the said acts, fº 22, continue to serve, and have rank accordingly.” If officers one. duly qualified cannot be found, officers of the army, or nºt quali. marines on full or half pay, if approved by his majesty,. *. may be appointed captains, though not qualified, &c." If officers possessing qualifications within the county cannot be found, persons possessing qualifications elsewhere may be appointed." His majesty may order increased pay to militiamen attached to the artillery.” Tue 42 Geo. III, cap. 91, was amended by the statute, –43 cº 43 Geo. III, cap. 50, intituled “An act for more speedily III, c. 50. completing the militia of Great Britain.” This statute." enjoined the deputy-lieutenants, within three weeks after the date thereof, to proceed to supply vacancies, without regard to the cause from which they might have arisen.6 It farther directed vacancies to be certified from time to vacancies. time by commanding officers to the general meetings, and the clerk of the general meetings must give notice to the Clerk of clerk of the subdivision meetings within which a vacancy . has arisen; and the deputy-lieutenants, within seven days meetings. after such notice, must assemble in their respective subdi- visions, and supply the vacancy by ballot or otherwise." If any person drawn appear not within a month, the de-Person puty-lieutenants may fill up the vacancy. The command-. ants of corps are directed to transmit to every quarter-ses- sions certificates of vacancies for every man certified to be deficient, the quarter-sessions must assess a penalty of £10 sterling for each man deficient, and at every succeeding quarter-session a further penalty of £10 sterling, till the * S 1. b S 2. • $ 3. d $4. • $ 5 f S 6. & S 1. h $2. * $ 3. V() L. III. & Q8 PUBLIC POLITY, BOOH. V. § 2. STATUTES, —43 GEO. III, c. 50. June 11, I803. Deserters. Supple- Imrentary. Penalty, 4:15. & vacancy be supplied.” All persons are directed to seize de- faulters, deserters, and absentees, who, if found fit for service, are to be sent to his majesty's regular forces sta- tioned abroad: The person apprehending him is entitled to a reward of 20s, over and above any reward to which he may be entitled under the mutiny act." If any deserter returns to obedience, in consequence of any proclamation from the king, he is to remain with the corps, notwith- standing it may have completed its full number, and shall be considered as supernumerary, either for the purpose of making part of the quota for supplementary militia, or to supply future vacancies." The supplementary militia is ordered to be ballotted out of the lists previously returned. New lists, however, may be made in particular cases, where it appears to be absolutely necessary." No seamen, or seafaring men, are to be inrolled in the militia, either as a substitute or vo- lunteer." EveRY ballotted man, substitute, and volunteer, must, before enrolments, take an oath.” Persons ballotted not serving or providing a substitute forfeit the sum of £15, instead of the sum of £10, the penalty under the pre- * S 4. * S 5. ° S 6. troubled with ſits, and am nowise a $7. • S 8. disabled by lameness or otherwise, f : « I aS make oath, but have the perfect use of my that I am by trade a and limbs ; that I am not a seaman, or have been resident in the parish of in the county of That I am married (or have a wiſe living, as the case ay be), and that I have no children (or only one child born in wedlock); and that I have no rupture, nor ever was seafaring man, or an apprentice; and that I do not belong to his majesty's navy, army, or marines, nor any other corps of militia, as witness my hand, at the day of one thousand eight hun- dred and .” (Schedule B.) ÇH. IV. OF THE MILITIA, 99 vious statutes." Vacancies occasioned by promotion, in § 2. consequence of any augmentation, are supplied in the "º". same manner as in the case of death.b Bounties to sub- III, c. 50. stitutes for quakers are directed to be paid out of the June 11, poor-rates." This, it is plain, can apply only to Eng-180°. land. On making out or amending of any lists, after the passing of the said 43 Geo. III, c. 50, every person who wilfully neglects to appeal within the time appointed for that purpose, is subjected in a fine not exceeding £20, or under £5, at the discretion of every two or more jus- tices of the peace or deputy-lieutenants, or even may be imprisoned for any time not exceeding one week." The Refusal to penalty for refusing to be examined as to fitness to serve lºamin- is also imprisonment for one week, at the discretion of one, Imprison- two, or more justices of the peace, or deputy-lieutenants,” or other magistrates." If any constable, adjutant, quarter-master, or serjeant constables, in the militia, insure, or is any way concerned in any com- tº. º to pany for the insurance of persons for the providing of any substitute for persons ballotted to serve in the militia, he incurs a penalty of £10 sterling. THE 43 Geo. III, cap. 62, directs the discharge of such—43 geo. seamen serving in the militia as agreed to enter into the", * * navy, being first examined on oath before any of the jus- tices regarding to his service at sea." But not more than one man of ten of the private men enrolled shall be dis- charged at once.* The place of these discharged men is from time to time to be supplied by volunteers, who are to get the usual bounty.” The seamen so discharged get the usual bounty for entering into the navy. * $10. b S 11. • S 12. a Ś 18. • S I4. f $ 1. s $ 2. * S 3 and 4. * $4. G 2 100 PUBLIC POLITY, IBOOK W, § 2. For cvery seaman discharged, the commandant is en- *... titled to ten guineas for providing another man. He must III, c. 62, transmit a certificate from the officer receiving the sum to June 24, the receiver of the land-tax, who shall be repaid by the 1803, treasurer of the navy." Vacancies. MILITIAMEN in the navy shall continue to serve, and their vacancies shall be filled up as if occasioned by dis- charge.” If any person so enrolled in the navy shall de- Death, sert, or strike or disobey any officer, he shall suffer death.” And persons suspected of desertion may be apprehended, Suspected and brought before any justice of the peace living in or *"near the place, who is empowered to examine such per- son; and if by his confession, or the testimony of one or Proof. more witnesses upon oath, or by the knowledge of such justice of the peace, it shall appear that the person is duly enrolled in the naval service by virtue of this act, the jus- tice must then cause him to be conveyed to the house of correction, or public prison of the place where he was ap- prehended, and transmit an account of what he has done to the secretary of the admiralty, that the person may be Gaoler proceeded against according to law." The gaoler shall be * paid for the expence of the deserter's subsistence, but no ſee.” Desertion. The justice may issue his warrant to the collector of the land-tax of the parish or place where the deserter was ap- Reward. prehended for the sum of 20s. to the person apprehending the deserter.” Any person convicted before any one jus- tice of the peace, by the oath of one credible witness, for- feits 2610 sterling. The justice must grant warrant under his hand to levy the penalty by distress and sale; and if there be no sufficient distress, the justice, by warrant under * $ 5. * $6, © $ 7. $ 8, Ibid, f $9. CH. IV. OF THE MILITIA, I01 his hand and seal, may commit the offender to the com- $ 2. IſlC)11 gaol for three months." *:::: III, c. 72. THE 43 Geo. III, cap. 72, was intituled, “ An act for July 1, making allowances, in certain cases, to subaltern officers'99% in the militia in Great Britain while disembodied.” It allows to a lieutenant or surgeon 925: 18: 6, being Embodied at the rate of 1s. 6d. a day for 366 days; to an ensign” £21 : 17s. being at the rate of 1s. 2d. a day for 366 days; and those at the date of the act serving in rank of captain- lieutenant are deemed lieutenants, for the purposes of the statute." Iłut this allowance is only intended for such as have no separate income or property, and therefore it is necessary, in presence of a justice of the peace, to take and subscribe an oath to that effect,” which the justice must transmit to the receiver-general of the land-tax." º SUBALTERNs and surgeons must attend the annual exer- a $ 10. * S 1. c “I A. B., do swear, that I be- longed to the militia, when the same was disembodied, and that I have continued to serve therein from that time until the day of inclusive, as a (captain-lieutenant, lieutenant, en- sign, or surgeon, as the case may be) ; and that I was not, in my own right, or in the right of my wife, during the said period, in the actual possession and enjoyment, or receipt of the rents and profits of lands, tenements, or heredita- ments, or such an annual value above resources as would qualify me to hold a commission of cup- tain of a company in the militia ; that I have not, during the above period, held the appointment of adjutant or battalion clerk of any regiment, battalion, corps of militia ; that I did not hold or en- joy, nor did or has any person ſor me hold or enjoy, or held or en- joyed during the period, any of— fice or income whatever from the public, except my pay as for the period of the corps having asscrºmbled to be trainctl and exer- cised ; and that I was not entitled, during the said period, either to the full or half pay of the navy, Ol" army, or marines So help me God.” (Schedule.) d S 3. G 3 102 PUBLIC POLITY. BOOK W. § 2. cise, on pain of forfeiting their allowance and pay." Certi- *... ficates of such attendances must be transmitted by the com- ni, c. 72, manding officer to the lieutenant and receiver-general of the †.” county.” On leave of absence, the reason thereof must be inserted in a certificate.” Though the militia be not called out to annual exercise, the subalterns and surgeon are en- titled to the allowance." Allowances are to be paid without Attendance deduction.” Subalterns and surgeons not attending when of subal- ye tº wº 85 &D terns, called upon, forfeit their allowance &c." Allowances are paid by receivers-general, on production of certificates; but not while the militia is embodied.6 But the allowance Number of is never to extend to more than ten lieutenants in any regi- . ment consisting of more than ten companies; to more than ºllow. nine lieutenants, consisting of more than eight and less ſº then eleven companies; to more than eight lieutenants in any regiment consisting of more than six and less than nine companies; or to more than five lieutenants in any regi- ment, battalion, or corps, consisting of six, or of a less number of companies, except where the companies consist of ninety private men each, or upwards, in which case, this act, and the benefits and allowances therein contained, may be extended to eighteen lieutenants in any regiment consisting of more than ten companies; to sixteen lieuten- ants in any regiment consisting of more than eight and less than eleven companies; to fourteen lieutenants in any re- giment consisting of more than six and less than nine com- panies; and to nine lieutenants in any regiment, battalion, or corps, consisting of six or a less number of companies." In any competition concerning these allowances, senior lieutenants have the preference. This act was to continue till 25th March 1804, The 43 Geo. III, c. 89, is intituled an “Act for provid. a $4. * S 5. ° Ibid. d Ibid. • S 6. f $ 7. g $8. * Ibid. 'S 9. JH. I. V. OF THE MILITIA, 103 “ing for the families of militiamen in Scotland when call- s 2. “ed out into actual service.” º: III, c. 9. WHEN any militia non-commissioned officer or privateguly 11, is embodied, and called out into actual service, his family, ..., of if unable to support themselves, shall receive weekly anon-com- sum equal to, but not exceeding the ordinary price, with-ºº! in the county, or parish, or place, of one day's labour in husbandry for each lawful child. The wife shall receive an equal sum." The justices in any quarter sessions, may regulate the rate of allowance.” ‘No allowance is to be made till the man has joined his corps, nor longer than he shall remain in actual service, nor to any wife who shall follow the corps, or leave her child, or depart from her home, unless under certificate of a neighbouring jus- tice, or the minister of the parish, authorising, for a time specified therein, such departure, for the purpose of ob- taining better support;" or of residing in the parish for which her husband shall serve, when he is called out into actual service in another parish;" nor to the family of any If he mar- substitute, volunteer, or hired man, who, after being call- . *.. ed out, shall marry without the commanding officer's con-consent. Sent.” But the wife or family of a militiaman following the re- giment, or leaving her home, is on her return to her home intitled to relief from the time of her return." FAMILLEs claiming relief, must obtain a certificate ofº, their poverty, and the causes thereof, subscribed by the 1st, ºniº, minister of the parish and any respectable person occupy-cate of po- ing land and paying rent, not less than £20 per annum; “” or in cities, by the minister and one of the magistrates.; On production of this certificate, a justice of the peace, if satisfied therewith, makes an order for payment of the: Order y a Justiceo * $ 1. b s”. • S 3. d Ibid. * Ibid. * 43 Geo. III, c. 81, g $ 5. 104. PUBLIC POLITY, BOOK W. § 2. allowance,” and transmits the order, and certificate there- sº to annexed, to the clerk of supply of the county where jº the wife dwells, who records the same, and transmits the isº. " original to the collector of the cess; and if he neglects to 3d, Re- do so within six days after the receipt thereof, forfeits £5 . ºy sterling ; one half to the king, the other to the person supply, suing. The penalty is recoverable in the same manner as penaltics against commissioners of supply under this act.” Mºil, The collector of the cess, at least once in every month, payment out of the public monies in his hands, pays to the trea- . * surer of the kirk session a sum sufficient for such orders of relieſ. If he neglect to do so, he forfeits twice the amount; one half to the kirk treasurer, in place of the sum which should have been remitted, the other to the person suing. It is recoverable, with double costs, by a summary complaint to the sheriff or stewart-depute, at the instance of any person or persons.” The treasurer of the kirk session gives a receipt for the sum thus remitted to him ; and pays the weekly allowance º: to the persons entitled to receive it, on an order in writ- ten order ing from the minister of the parish, which, together with the receipts of the persons to whom the money is paid, must overy six months be transmitted to the clerk of sup- i. Kirk ply.” The kirk treasurer refusing or neglecting to pay º this weekly allowance, forfeits twice the amount, recover- 7th, Trans-able, with double costs, on complaint to any justice of the i.county where the treasurer resides, by the person to whom supply, it ought to have been paid ; one half of the penalty goes Quarter to the king, the other to the person suing." The quarter “” sessions are authorised to grant allowances to the treasurer of the kirk session for his trouble, not exceeding 2d. in the pound of the money paid by him, besides his necessary * $6. * S 7. * $8. * S 9. * Ibid. CH. IV". OF THE MILITIA, 105 expences.” The commissioners of supply make an assess- $ 2. ment on the lands according to the valued rent, and upon º . houses according to the rent by the latest assessment of theirl, c. 89. house-tax, viz. 13. upon the £100 of valued rent, and 1d. # 11, Sterling upon the £1 of the house rent.” Houses not rated “” to the house-tax are exempted, and no person is assessed Commis- both for houses and land in the same county." One half. of of the assessment is paid by the tenant." If the sum le- Assess- vied shall be under the amount remitted by any collector* in one year, the deficiency shall be added to the amount of the next year's assessment; and, in like manner, if there is any surplus, it is deducted from the next year's assessment.” IN the cities of Edinburgh and Glasgow, the assessment Edinburgh is raised in the same manner as the cess, stent, and other.” public burdens.' And the certificates and orders for relief must be transmitted to the town clerk, who is to act there as the clerk to the commissioner of supply does in the counties.é THE collector who thus transmits money to the kirk trea-Collector of surer for paying the weekly allowance, transmits an ac-*** count thereof, signed by a justice of the peace for the county or place where the family dwell, to the collector of the county, &c. in the militia whereof such man serves. The collector to whom such an account has been transmitted, forthwith repays the money therein specified to the collector who transmitted the account. The collector so receiving, or entitled to receive, the money, transmits an account there- of to the clerk of supply of his county. The commissioners add or deduct the sums paid or received from their assess- ments," on or before 1st April every year. Collectors of a $ 10. b S 11. ° S 12, 13. d S 14. • S 15. * S 16. & S 17. * S 18. 106 YºUBLIC POLITY. BOOK v. § 2. the land-tax, must send to the barons of the exchequer, an *... account of all the money paid and remitted and levied by in, c. 89, them under this act. The proceedings are certified to the July 11, king's attorney in exchequer.” / 1803. º: No substitute shall be received having more than two children," and no allowance is to be paid to the family of any substitute who at the time of his enrolment has more than two lawful children born in wedlock;" or shall make a false declaration concerning his family.” But a substi- tute, although he may have made such false declaration, may have the allowance paid for his wife and two child- ren, if he shall undertake to make provision for the main- tenance of his other children to the satisfaction of any justice of the peace.” Deputy- THE 42 Geo. III, c. 91, made a certain qualification, as ... already mentioned, necessary for the deputy-lieutenants; fication in but the 43 Geo. III, c. 89, authorizes the lieutenant of ºld. each of the counties of Bute and Sutherland to appoint the sheriff-depute of their counties, or their substitutes respec- tively, or any person possessed of an estate of the yearly value of £100 sterling, or a personal estate alone, or a real and personal estate together, to the amount of 4:2000 sterling; and if persons so qualified cannot be found, then they may appoint, with the approbation of his majesty, the magistrates of royal burghs, or of burghs of regality, orjustices of the peace, to be deputy-lieutenants of the said counties respectively." -43 º: THE 43 Geo. III, c. 94, is intituled an act for defraying **.* the clothing of the militia of Great Britain for the year July 13 ...” 1803. * $ 20, * $ 21. Ibid. 3 Ibid. • Ibid. $22. CH. IV. OF THE MIL1T1A. 107 The 43 Geo. III, c. 50, as we have already seen, had $ 2. enacted, that every ballotted man should, previous to his’. enrolment, take an oath before the deputy-lieutenants; iii, c. 100. but doubts having arisen concerning the construction of July 27, that act, it was declared by 43 Geo. III, c. 100, that every 1803. ballotted man who shall be imprisoned for refusing to be examined, shall be liable to be inrolled if fit for service.” And, farther, that no substitute or volunteer offered for service in the militia, should be discharged on account of his stature, if not under five feet two inches.” Stature. The 43 Geo. III, c. 124, was passed to “rectify a mis-ſº º “take” in the 43 Geo. III, c. 73, for raising an additional. m military force in Scotland, commonly called the army of 1803. Tº reserve; and it enacts, that no person enrolled and serving, Additional or who shall have found any substitute to serve in the º army directed to be raised under the said recited act, shall be liable, during the continuance of the said act above re- cited, to be ballotted to serve, or to find any substitute to serve in the militia of Scotland, any thing in any act or acts to the contrary notwithstanding.” THE 44 Geo. III, c. 38, was passed for the pay and—44 gº. clothing of the militia of Great Britain for the 1804. º * 1804. THE 44 Geo. III, c. 51, made allowances, in certain—44 geo. cases, to subaltern officers in Great Britain, while disem-º.” º tº a º º May 6, bodied, similar to those contained in 43 Geo. III, c. 72, 1804. THE 44. Geo. III, c. 66, was intituled, An act for esta-—44 aro. blishing and maintaining a permanent additional force for"> * * the defence of the realm. July 10, 1804. By this statute, a permanent additional force was to be raised; and it was provided, that the militia of Scot- * $ 1. * $2. * $ 11. 108 PUBLIC POLITY. BOOK W. § 2. STATUTES, —44 Geo. 111, c. 66. July 10, 1804. land, from and after the expiration of fourteen days from and after the passing of this act, should be gradually re- duced to the original quotas under 42 Geo. III, cap. 91;" and that where the original quota was serving, no ballot should take place till the reduction of the number.” In every county where the full number of militiamen had not been completed, or where there were any vacancies not supplied, it directs, that there be raised, in the man- ner directed by this act, for the additional force under this act, a number equal to the whole of the deficiency; and as often as any vacancies shall afterwards arise, by death, discharge, or desertion, and until the militia be re- duced to their original quota, there shall be raised, accord- ing to the provision of this act, for the additional force under this act, a number equal to the amount of such vacancies." But where there is less than the original quota of militia, that deficiency must first be raised. IT appearing to be necessary to take the most effectual mcasures for augmenting his majesty's regular forces and royal marines, the 45 Geo. III, c. 31, empowered his ma- jesty to appoint regiments in which militiamen were at liberty to enlist," to a certain extent, and under the con- ditions mentioned in the act:" But the officers were pro- hibited from persuading to enlist, or receiving any mili- tiamen who had not been duly discharged." His majesty was authorised farther to make a new establishment of the militia regiments.< On production to the county lieute- nant of certificates of men having been enlisted, their names shall be discharged from the list of men serving for the county, and the certificate of the number to be raised and —45 GEO. III, c. 31. April 11, 1805. Enlisting of militia- Iſlöh. a $ 10. b ş 11. • $ 12. act, was repealed by 46 Geo. III, * S 13. But this act, 44 Geo. III, c. 51, except as to recovery of pc- c. 66, together with 43 Geo. l II, malties. c. 83, commonly called the reserve ° S 1. § 2. * $ 17. CII, IV, OF THE MILITIA. 109 amended.” Where, by enlisting, the men remaining shall s 2. exceed, or be less in divisions of any county than their ori.º. ginal quota, the lieutenancy may regulate the Supplying III, c. 31. future vacancies." Within one week after the expiration April 10, of the period allowed to the men for enlisting, it is the “” duty of the adjutant to send to the kirk treasurers an ac- count of the men serving in their respective parishes who have enlisted under the act." The 43 Geo. III, c. 47, as we have seen, ordained certain parochial supplies to be paid to the families of the militiamen while in actual ser- vice; and the parish was, in the cases there mentioned, entitled to be reimbursed. The 45 Geo. III, c. 31, enacts, that all allowances paid in virtue of said 43 Geo. III, c. 47, in respect whereof any reimbursement shall be directed by the said statute, shall be reimburscq, according to the di- rections thereof, up to the end of the period for making up accounts of such allowances, previously to which such enlisting shall have taken place, or to the end of the week previous to due notice that may have been given to the treasurer to discontinue the allowance.” This statute 45 If counties Geo. III, c. 31, does not, in any respect, extend to such. d counties as have not completed their original quotas.” their quo- tas. THE 45 Geo. III, c. 60, is datcd 27th June 1805, in--45 Geo. tituled “An act for making allowance, in certain cases, to" “ ” subaltern officers of the militia in Great Britain, while disembodied.” It is a continuance of 25th March 1805, § 10, and similar to 43 Geo. III, c. 72. THE 45 Geo. III, c. 62, dated 27th June 1805, is in-_45 cro. tituled “An act for defraying the charge of the pay and” “ ” clothing of the militia in Great Britain, for the yearſ. 27, 18()5.” Q. Mº i ºn tº * $ 21. * S 2 2. • S 23. * Ibid. • S 24. 110 IPUBLIC POLITY. BOOK W. § 2. is TATUTES, —45 GEO. 111, c. 90. July 10, 1805. –46 GEo. 111, c. 21. March 2, 1806. –46 Gro. III, c. 140. July 22, | 9()6. The 45 Geo. III, c. 90, dated 10th July 1805, is intitu- led, “An act to retain on full pay and allowances a mili- “tia, during the war, notwithstanding the reduction.” THE statute 45 Geo. III, c. 31, allowed a proportion of the militia to enlist. It was thought, however, expedient to retain a number of the officers, non-commissioned officers, and corporals, although they should by that means cxceed the number prescribed by the militia acts. The 45 Geo. III, c. 90, therefore, directs the number serving at the time of the reduction to be retained.” Such officers, however, always succeed to vacancies according to their respective seniority." But wherever any such corps con- sists of one colonel, two lieutenant-colonels, and two ma- jors, in that case, on the death or resignation of one of the majors, after the reduction, the king may continue the supernumerary lieutenant-colonel, with the rank of lieute- nant-colonel, but with the pay of major." THE 46 Gco. III, c. 21, dated 22d March 1806, makes allowances, in certain cases, to subaltern officers in the mi- litia, while disembodied; its continuance was to the 25th March 1807. It is similar to 43 Geo. III, c. 72. THE 46 Geo. III, c. 140, dated 22d July 1806, was made to amend 42 Geo. III, c. 91, § 113, as to the pay of the officers and men, and 44 Geo. III, c. 54, § 37. By these acts, the pay of the militia and volunteers was made the same with the regular army. But it being found expedient to increase the pay of the latter, it was provided by 46 Geo. III, c. 140, that this increase should not ex- tend to the militia or volunteers. THE 47 Geo. III, c. 57, is intituled, “ An act for allow- • S I. b S 2. • 3 4. CH. IV. or THE MILITIA, 111 ing a certain proportion of the militia in Great Britain...s 3. • tº º tº º TATUTES voluntarily to enlist into his majesty's regular ſorces.” "º. III, SESs. 2, & º ſº 5 sº In order to augment the regular forces, his majesty was’ 7. empowered to appoint so many regiments as he should ºft.* think fit to receive volunteers from the militia.” But the King ap- number of men to be enlisted was not to exceed such num-points re- ber as would leave serving three-fifths of the establishment. of each regiment.” Where there is more than one batta-litiamen. lion, the secretary of state is to signify to the commanding Nº. e red t officer the number to be enlisted out of each." Command-.”” ing officers ascertain the number willing to enlist; and if if more it be five-sixths of the number allowed, no more shall be i. i. º & © © * all OIle enlisted." No man (not disabled) is to be rejected who is º der fi five feet four inches, and under 35 years of age." Men...” enlisting into the regulars may be transferred to the ma- inches. rimes." Transfer- ence to Ina- rines. THE commanding officer of every regiment out of which If themum- the proportion of five-sixths shall not inlist, shall read his. i. majesty's order, and explain the terms of enlistment. And if the number who shall enlist shall not amount to the pro- portion authorized to enlist, a farther enlistment may take Farther en- place in ten days; but after that period, there shall be no” farther enlistment, until the expiration of three months, unless with the consent of the commanding officer ; then three days more shall be allowed for enlisting ; after which, without the consent of the commanding officer, there shall be no more enlisting for other three months ; then other three days shall be allowed; and so on successively, until If thenum- the full proportion shall have enlisted." As soon as theº" number to be enlisted from any regiment is ascertained, they shall be discharged, and shall, if approved, be attest-Transmis- or regular service i te ...] sign of the ed for regular service in the regiments they have declared. * $ 1. * S 2. • Ibid. “S 3. • S 4. S 5. s S 6 “s 8. I 12 PUBLIC POLITY. BOOK W. s 2. their intention to enlist." The lord.lieutenant, on receiv- *... ing an order from his majesty, shall transmit to the privy –47 GFO, y e tº in, srss.2, council an account of the number of men discharged.” c. 57. * 13, No person in confinement, under any sentence of any Lord-li court martial, or with a view to be tried by any court ord-lieu- º * º º j martial, shall be entitled to enlist, until he shall have suf- fered the sentence of such court martial ; no private mili- tiaman shall be entitled to his discharge, or to enlist under this act, who shall have been in confinement, or who shall have been sentenced to any punishment by any court mar- tial, for any offence committed between the 16th day of July 1807, and the time of his offering to enlist, unless he shall obtain the consent of the commanding officer of the regiment of militia in which he shall be serving at the time who not of his being desirous of enlisting as aforesaid.” Adjutants' * to clerks, or regimental clerks, or drummers, or musicians in the band of the regiment, or persons usually employed as armourers, or as artillerymen, are not entitled to enlist command- without the commanding officer's Consent." Commanding ... officers may refuse to discharge men, upon assigning in to dis- writing sufficient cause.” charge. Enlistment MEN were allowcd to enlist for limited periods in terms º *of the mutiny act 1807." But farther, it was also declared * lawful for such militiamen to enlist without limitation of the period of service; and every militiaman so enlisted as last aforesaid, shall be attested to serve his majesty until he be legally discharged,5 and shall be entitled to the a Ś 9. b S 10. • $ 11. his person, crown, and dignity, a- d $ 12. • S 13. * S 14. gainst all his cnemies and opposers & He shall take the following oath: whatsoever, and to observe and obey “ I swear to be faithful, and to bear his majesty's orders, and the orders truc allegiance to our sovereign lord of the generals and officers set over king George, and to serve him ho- me by his majesty, until I shall be mcstly and faithfully in defence of legally discharged.” CHſ. IV*. OF THE MILITIA, 113 same privileges with soldiers serving without limitation of $2. º º STATUTEs, the period of service.” –47 Gro. * a11, c. 57. If any person discharged shall refuse to enlist, or shall * 13, not be approved, he shall continue to belong to the regi- ment from which he shall have been discharged." The º act does not authorise the enlisting, or persuading to enlist, Men not any man not duly discharged." His majesty may issue. orders to lord-lieutenants and commanding officers forw. put putting the act in execution." It is provided, that nothe act in person shall be drafted from the regiment into which he*** enlisted, unless first discharged therefrom." On producing ...d to the lord-lieutenant certificates of men having been en-from the listed, their names shall be discharged from the list of men” serving for the county. Adjutants of the militia transmit Returns of returns of the men who have enlisted under this act to the . enlists clerks of the subdivision meetings, who shall transmit to treasurers of the kirk-session an account of the privates so enlisted.” The act does not extend to the city of London." The provisions in the act, relating to counties and to regi- ments, shall extend to stewartries, battalions, &c." The last statute on the subject is 47 Geo. III, c. 71,–47 aro. passed 14th August 1807, intituled, “ An act for the" * 71. speedily completing the militia of Great Britain, and in- * 14, creasing the same, under certain limitations and restric- tions.” By 42 Geo. III, c. 91, § 14, certain quotas were ap. pointed to be raised by the different counties, amounting, exclusive of the supplementary militia, which was pro- vided for by subsequent clauses, to 8000 men. The 47 Geo. III, c. 71, farther enacted, that within three months * S 14. b S 15. ° S 16. a $ 17. * $18. * S 19. 5 § 20. * S 21. * S 22. WOL. III. II R14. PUBL1C POLITY, BOOK W.) STA š. S after the holding of general meetings in each county, or ºf gro, after the expiration of three weeks after the passing of the *, c. 71 act, in any county in which any general meeting shall not ?.” have been held under 42 Geo. III, c. 91, there shall be raised a number of private militiamen, equal to three- fourths of the original quotas.” tº: GENERAL and subdivision meetings are to be held, for rishes. apportioning the men among parishes.” IN making apportionments, regard is to be had to the number of persons actually serving in yeomanry or volun- teer corps.” . Clerk º THE clerks to the general meetings shall, within seven © e º • Hºn. days after making such apportionments among the parishes of their respective counties, transmit the same, duly certi- fied by the general meetings respectively, to the clerks of of district the subdivision or district meetings within their counties." * The penalty for neglect of this is £50.* The clerks to º * subdivision or district meetings shall, upon the receipt of Deputy such appointments, summon meetings of the deputy-lieu- lieutenants, tenants, to be held within seven days thereafter, for the Ballot, purpose of proceeding to ballot pursuant to such appoint- New lists, ment, or for the purpose of making out new or amended lists, if the same shall be necessary.* º DEPUTY-LIEUTENANts may amend militia lists, and di- 1ists. rect new lists to be made.8 Appeals. Within ten days after such lists shall have been made out, or amended and published, subdivision meetings are to be held for the purpose of hearing appeals thereon." If a $2. b S 3. ° S 4. * $ 5. • Ibid. * Ibid. & S 6. * $ 7. CH. IV. OF THE MILITIAs. m 115 it appear necessary to make out new, or amend former,..., lists, then such necessity may be represented to one of the ºf arº. secretaries of state, who may extend the period of ballot-" " 71. ing to five instead of three months, in case of new lists, and ** to four in place of three, if there be only amended lists.” At the first general meeting held pursuant to this act, * oſ the lord-lieutenants and deputy-lieutenants, or the deputy- iStS. lieutenants in every county, shall issue out their orders to the schoolmaster, constables, or other officers, in each Schoolmas- parish, to return lists in writing.” These lists the school-" &c. master, or other officers, prepare, either by means of spe- cial notices, or of lists pursuant to notices already given, in terms of 42 Geo. III, c. 91, and such farther in- quiries as are necessary.” Lists are to be fixed on doors ºublication of churches, verified and amended as directed by 42 Geo. thereof. III, c. 91. AND upon such lists being made up, the said deputy-Transnist lieutenants shall cause two returns (duplicates) to be trans-º" mitted by the clerk of the subdivision meeting," to the clerk to the general meeting, who shall transmit to one of.nt. his majesty's secretaries of state, a return" and one of the duplicates made by the clerks of subdivision meetings. Clerks of Notice is to be given on the church doors, &c. of the bal- º lots; and the names of the persons liable to be ballotted Notice of shall publicly be called over from the lists, and put into” ballot, the boxes or glasses for balloting, and be publicly drawn out; and the names of the persons so drawn shall be pub- licly called over, and entered in a book by the clerks of the subdivision, or persons appointed by them, or the de- • S 8. this act annexed, marked (D). App. b According to the schedule to this II. act annexed, marked (C). App. II. * In the form of the schedule to ° S 11. this act annexed, marked (E). App. * In the form in the schedule to II. H 2 1 16 PUBLIC POLl'TY. BOOK W. § O tº. * Gº STATUTES, —47 GEo. III, c. 71. puty-lieutenants for that purpose; and such calling over of the names and balloting shall not commence before ten of the clock, nor continue longer than six in the evening ; August 14, and if such balloting shall not be complete in one morn- 1807. Persons ballotted. Appeals. Penalty :É20. Applica- tion of pe- malties, ing, the boxes shall be sealed with the seals of any two of the deputy-licutenants and the clerk of the meeting; and such seals broken, and the balloting finished in like public manner on the succeeding day or days, or on any other day to which such ballot shall be adjourned.” Names of persons ballotted are to be sent to constables; notices given, and appeals heard, and fresh ballots if necessary.” Persons are to be enrolled, and abstracts of enrolment sent to constables.” By 42 Geo. III, c. 91, § 40, the fine for not either serving or providing a substitute was £10 sterling, which was afterwards raised to £15 sterling. But by 47 Geo. III, c. 91, this fine is raised to £20 sterling.” By 42 Geo. III, c. 91, § 61, penalties for refusing to serve or find substitutes were to be applied by any two deputy-lieutenants, within their respective subdivisions, in providing substitutes, and the surplus to become part of the regimental stock. By this statute 47 Geo. III, c. 71, any succeeding ballotted man, who shall be enrolled to serve in fieu of the others, is to get this fine of £20 sterling, or such part thereof as a deputy-lieutenant or justice of the peace may think reasonable, but not less than half the average price of a substitute.e But for such payment there must be the written consent of a deputy-lieutenant or justice of the peace.f If no part of the £20 sterling be paid to the succeeding man, the one half must be paid to the collector of cess for * $14. * $ 15. • Ibid. * $ 16. • S 17. * (bid. CH, IV, OF THE MILITIA, 117 the county, for the purpose of enabling the heritors of the $ 2. parish to provide a volunteer instead of such man; and "... if, after providing the volunteer, there be any surplus of iii, c. 71. such half, it must be paid to the treasurer of the kirk August 14, session, for the benefit of the poor.” 1807. The other half, within ten days after the receipt thereof, Applica- must be paid to the said collector, who accounts for it..." SUli"- along with the cess, to the receiver-general.” If part of the 2620 be paid to the succeeding man, then Applica- the remainder shall be paid to the collector of cess, to be. pe- accounted for to the receiver-general." IN like manner, all fines of £20 sterling, incurred by Applica- ballotted men, and of £60 sterling, incurred by default, º º shall be paid to the collector, and accounted for to the gzo and receiver-general." 3.00. But no more shall be taken than £10 sterling for Finding a finding each volunteer." If any one retain such part of" any fine of £20, or any such fine of £60, seven days after the expiration of the ten days, he shall forfeit double the amount of the money so retained, to be recovered as any penalty may be recovered under this act, or any act re- lating to the militia.f Deputy-lieutenants are not to direct more than £5 to be paid to any substitute upon enrol- lment. The 42 Geo. III, c. 91, § 38, exempted various descrip--ºxºſe- tions of persons. The 43 Geo. III, c. 50, § 7, farther pro-" a $ 20. b Ibid. c Ibid. castle or ſort ; officers on the half d Ibid. • Ibid. * Ibid. pay of the navy, army, or marines; & Peers, commissioned officers in non-commissioned officers or private his majesty's other forces, or in any men, serving in any of his majesty's other H 3 11S PUBLIC POLITY. BOOK W. § 2. º,..., hibited any seaman or seafaring man to be enrolled in the –47 oro. militia, either as substitute or volunteer. But these enact- III, c. 71. ë g g e ments said nothing of the exemption in favour of volun- August 14, º * º t * * * * I807. teers, which was inserted in a former militia act, 39 Geo. —excar. III, c. 62, § 8, which the volunteer act 42 Geo. III, c. 66, conſined to such volunteers as were returnca in the mus- Volunteers.ter-rolls, and certified to have attended the requisite num- ber of days; and the general volunteer act 44 Geo. III, c. 54, § 4, continued this exemption in favour of every person duly returned and certified as an effective mem- ber of any corps of yeomanry or volunteers, in whose of fer of service it was not expressly stipulated that such ex- emption should not be claimed. And by the fifth section of the same statute, it was farther explained, that no volunteer should be deemed effective who does not attend, if caval- ry, four days, if infantry, eight days, in the course of the four months preceding the return ; i. e. the first day of April, August, and December, the periods fixed by the statute for the quarterly returns.” 'TIONS, But a volunteer, though truly effective, might be con- fined by indisposition, or absent from indispensible busi- ness. The 6th, 7th, and 8th sections, therefore, provided for A volunteer absent from sickness, or on leave, But then it was required that this case. was to be held effective. other forces; commissioned officers serving, or who have served, four years in the militia ; professors of any of the four universities; licensed clergymen ; parish schoolmasters; teachers licensed within the county or place to teach in some separate congregation, whose place of meet- ing has been duly registered within twelve months previous to the ge- neral meeting, appointed to meet in August, for the purposes of the act ; constables, or other peace officers; ap- prentices, seamen, or seaſaring men; persons employed and mustered in his majesty's service in any of his ma- jesty’s forts or castles, and all persons who have more than two lawful children, and who are not possessed of an estate in lands, goods, or money, of the clear value of £50 sterling, and shall make oath that they are not seised or possessed of such an C.State, * Elliot against duke of Buccleugh, &M. IV. OF THE MILITIA, 119 as soon as he got well, or returned to duty, he should... #. make up his arrears, so as to serve the full number, if ca-` agº. valry 12, if infantry 24 days, within the year. The 47", * * Geo. III, c. 71, enacted, that no volunteer shall be en-ºgº** titled to any exemption, unless he shall have actually at-l. tended the usual muster and exercise of such corps for therloss. number of days required by 44 Geo. III, c. 54. But volunteers. farther, if any person who has not so attended claim any exemption, he forfeits the sum of £30.” It will not ex-Penalty. cuse him should he have a certificate of being an effective member of his corps.” It farther provides, that no certi-Certificate ficate shall be admitted by any deputy-lieutenant, unless.” it certify the number of days on which the person produc- ing the same shall have attended the muster or exercise of his corps." It seems scarcely necessary to mention, that this statute expressly declares, that no exemption arises from being bal- lotted under the training act 46 Geo. III, c. 90, as that act does not extend to Scotland. No officer on the half pay is exempt from being ballot-officers on ted to serve in the militia under this act, unless he shall half pay- have tendered his service to the lord-lieutenant or vice-lieu- tenant of the county in which he shall reside, either to serve as an officer in the militia, or in some corps of veo- manry or volunteers, or shall be incapable of service." If any person ordered to be drawn out shall not *PPedrº Person and shall not be taken within a month, the deputy-lieu-drawn not tenants shall fill up the vacancy." appearing. CLERKs of subdivision meetings shall, within fourteen clerks of days after the expiration of the periods allowed under any sºion * meetings. * $22. * Ibid, * Ibid, • S 23. • $24. 120 PUBLIC POLITY. BOOK W. § 2. STATUTFs, —47 gro, III, c. 71. Aug 14, 1807. Counties deficient. Penalty. JC60, Remission of three- fourths. of the provisions of this act, transmit to the clerks of the general meetings two schedules," containing the names of the men ballotted, and application of the fines. The clerk of general meetings shall forthwith transmit one of such schedules to one of his majesty's principal secretaries of State.C V IN order to procure the speedy levying of the quotas, it has been thought neccssary to subject the deficient coun- ties in a penalty. By the general militia act 42 Geo. III, c. 91, § 150, for each man the penalty was £10 sterling annually, to be assessed by the commissioners of supply. By 43 Geo. III, c. 50, § 4, the sessions were to assess this penalty of £10 sterling; and if the deficiency was not sup- plied before the next quarter-sessions, the quarter-sessions was to assess a farther and additional penalty of £10 ster- ling; and from time to time, at every general quarter-ses- sions, until the deficiency was supplied. But this act 47 Geo. III, c. 71, enacts, that every county and parish, for which the full number of men required by this act shall not have been ballotted and enrolled within such period as shall be allowed under any of the provisions of this act, shall be subject to a fine of £60 for every man deficient.d From this fine of £60 sterling, three-fourths shall be deducted, or returned, if the deficiency be supplied with- in one month after the expiration of three months, the pe- riod within which all the men required to be raised under this act ought to have been enrolled in any county; one- half, if it be supplied within two months, and one-fourth, if within three months.” After three months from the cxpiration of the period a In the form annexed to the act, marked (F.) See Appendix II. * $ 25, • Ibid. d $28, e S 29. ØH. IV. OF THE MILITIA. 121 allowed in any county for balloting and enrolling men $2. under this act, no farther ballot shall take place.” *: III, c. 7 I. IN England, the £60 sterling is assessed by the quarter-Aug. 14, sessions;” but in Scotland, by the commissioners of sup- º ply ; to whose clerk the commanding officers of militia * shall, immediately after the expiration of the respective” “*60. periods within which the numbers of men are required to be completed under this act, transmit certificates of the deficiencies and vacancies. The clerk shall forthwith sum-Clerk. mon a meeting of the commissioners of supply, who shall º, assess the sum of £60 for each private man deficient, in supply. the manner directed by 43 Geo. III, c. 89, for providing relief for the wives and families of militiamen in Scotland; and such assessment shall forthwith be transmitted by the clerk of supply to his majesty's court of exchequer in Scot- land." If the full number of men required for any county shall Court of not have been ballotted and enrolled, the court of exche-*. quer, on the application of his majesty's advocate, may call upon the clerk of supply to shew cause why the £60 should not be paid for every man so deficient; and the court may then fine the county, parish, or place so defi- cient, and to cause such fine to be levied by process, ac- cording to the rules and practice of the court." But the court may remit any such proportion of any such fine as is by this act allowed to be returned, on proof to the sa- tisfaction of the court, that the proper ballot and enrol- ment have been executed under this act within the time specified as aforesaid." So soon as all the men required to be raised for the mi- litia of any county under this act shall have been enrolled, • S 29. * $30, ° S 31. * S 33. e Ibid. 122 PUBLIC POLITY. BOOK. V. § 3. or the periods allowed for raising men under this act shall S 9 o º º . have expired, all further ballot in such county shall be ** 71 suspended until the 1st of January 1810." August 14, 1807. e His maj esty may order the ballot to be taken within such period for supplying vacancies,” under 42 Geo. III. c. 91. Deputy- WHATEveR deputy-lieutenants are directed to do con- lieutenants º e & anj.cerning the execution of this act, may be done by one de- of peace, puty-lieutenant; or in the absence of any deputy-lieute- nant, by one justice of the peace.” What one But there are three exceptions, Imo, things directed to leput º º º ; ...be done by deputy-lieutenants in the absence of a lieute- not do. nant or vice-lieutenant; or, 2do, at any general meeting; or, 3tio, at any subdivision meeting." Justices, But if a subdivision meeting for hearing appeals or .*.*.making apportionments, for superintending ballots or en- ma aCt as © deputy. rolments under this act, be attended only by two deputy- * lieutenants, then any one justice of the peace, or magistrate of the district, or, if by one deputy-lieutenant, then any two justices of the peace or magistrates may acts with all such powers as are given to deputy-lieutenants." Counties ALI, provisions in this act relating to counties, extend * ...to stewartries, shires, cities, and places; and all provisions relating to parishes, extend to extra-parochial places united therewith for the purposes of any act relating to the mili- tia ; and all powers given to any constable extend to all other persons acting as constables in any place in which there shall be no constable." If any high or other constable, or schoolmaster, or com- * S 34, 9 s 35. § 36. 3 Ibid. . . Ibid. “S 37. C3H, IV, OF THE M1LE/PIA. 123 $ 2. missioned officer, adjutant, quarter-master, or serjeant in the militia, s all be i ‘ned i STATUTES, e m111tla, S e in any way concerned in any compa-_47 aro. my, or office for the insurance of any person respecting them. c. 71. militia, he shall forfeit for every such offence £100." * 14, Such of the penalties imposed as exceed £20, are re-Recovery coverable in the court of exchequer, at the suit of his ma- tº:d sº ~! º € e jesty's adyocate for Scotland, or of any person appointed toing £20. sue for the same by any lieutenant, or deputy-lieutenants, or vice-lieutenants acting for any lieutenant.” If the penalty do not exceed £20, the offence is com--—juris- petent to be tried by any justice of the peace, or deputy-” lieutenant residing near the place where any offence shall 420. be committed.” The prosecution must be within six Onejustice. months after the offence committed. The mode of proof is either the voluntary confession of the party, or the oath Prescrip. of one or more credible witness or witnesses." The justice” issues his warrant, under his hand and seal, for the levy-warrant. ing any pecuniary penalties or forfeitures on the goods of the offender, and to cause sale to be made thereof, in case they shall not be redeemed within four days, rendering to the party the overplus, if any." The warrant may be ei- ther in the form inserted in the statute, or in similar words. If the goods of the offender be insufficient to an- a $ 39. * S 40. • $41. d Ibid. ° Ibid. f “Be it remembered, that on the day of in the year of our Lord in the county of A. B. of Was convicted bc- fore me, C. D. one of his majesty's justices of the peace (or one of the deputy-lieutenants, as the case may be) for the said county, residing near the place where the offence was committed; for that the said A. B. on the day of now last past, did, contrary to the form of the statute in that case made and provided (here state the offence against the act); and I do declare and adjudge that the said A. B. hath forfeited the sum of * 3 ſº 124 PUBLIC POLITY. BOOK W. s 2 swer the penalty, he may be committed to prison, there to *... remain for any time not exceeding three months, unless —42 GEO. g ſº 5 iii, c. 71. Such pecuniary penalty shall be paid sooner.” Aug. 14, I807. Witness. If any person summoned as a witness, either on the part of the prosecutor or accused, shall neglect to appear, without a reasonable excuse, he shall forfeit for every such Penalty, offence any sum not exceeding £5, to be levicd and paid in the same manner as the other penalties.” Appeal. AN appeal is competent to the next general quarter ses- sions; but the appellant must give security to the amount security. of the penalty, together with such costs as shall be award- cd, in case the judgment be affirmed. The quarter-ses- sions are “empowered to summon and examine witnesses upon oath, and finally to hear and determine” the mat- Costs, ter;" and to award the appellant to pay such costs, occa- sioned by the appeal, as shall seem meet. Finality. BUT no sentence, warrant, or order of any deputy-lieu- tenants, or justice or justiccs of the peace in Scotland, shall be removed into any court whatsoever, by bill of advoca- Advoca- t * º us f ag d t • tl tion, &c, tion or suspension, or process of reduction, or in any other manner whatsoever; and that no such bill, process, or other application, shall sist exccution or procedure upon any such sentence, warrant, or order, but that the same shall be carried into execution notwithstanding thereof." –49 GEo. d f Il tº III, c. 4. The act Geo. III, c. 4, was passed for allowing such 5 e March 13 regiments as his majesty might name to receive volunteers arC 2 1809, from the several militia regiments, provided they left serving three-ſiſths of the establishment in rank and file of each militia regiment." But if the number exceeding * $ 41. b S 42. * $ 44. 4 Ibid. • $ 2. CH, I W. OF THE MILITIA. 125 three-fifths of the present establishment be less than two- $ 2. fifths of the establishment as it stood in August 1807, then”. a number equal to such two-fifths was permitted to enlist.*III, c. 4. March 13, IN order to prevent the diminution of the militia, in * EO consequence of the statute last mentioned, the 49 Geom, . ‘. III, c. 53, allowed a number equal to one-half of the ori- ginal quotas, to be raised within a limited time, by beat of drum; and after the expiration of said time, the remainder to be raised by ballot." Ballotted persons, not being quakers, if they did not serve or procure a substitute, were to pay a penalty of £20 sterling." To every ballotted man or his substitute a bounty of £10:10s. Sterling was made payable." Persons were prohibited, under a penalty of -820, from giving or promising any sums to induce any person to volunteer.* Places not proceeding to a ballot were liable to be fined by the court of exchequer £40 sterling for every man they were deficient in.” Penalties, if above £20, are recoverable at the suit of the lord advo- cate before the court of exchequer. If under £20, jurisdiction is given to any one justice or deputy-lieutenant, to determine the offence, within six months after the of. fence has been committed. The proof is either voluntary confession, or oath of one or more credible witnesses. The goods of the offender, if not redeemed within four days, may be sold, and the overplus repaid to him ; and if the goods be insufficient, he may be committed to prison for any time not exceeding three months, unless payment be made sooner." Appeal is allowed to the quarter-sessions, who are final. The 49 Geo. III, cap. 53, made provision for placing—50 gro. the men which should be raised by beat of drum for the" c. 24. regular militia, to fill up vacancies occasioned by men hav- a $ 3. * S 1. • S 13. a $ 14, “S 16. : § 28. § $41, h S 42. ‘I 126 PUBLIC POLITY. BOOK W. § 2. STATUTES, —50 GEO- III, c. 24. —51 GEO. 111, c. I7. April 4, 1811. -51 Gro. III, c. 20. Height of II].CI), Age. ing enlisted into the line in the ordinary succession, to be fixed by ballot in the form prescribed by the act, and pro- vision was also made for apportioning, where any ballot should take place, the men actually enrolled; but no pro- vision was made by the said act for placing the men which should be raised by beat of drum, over and above any number that might have enlisted into the line. The sta- tute 50 Geo. III, c. 24, was passed to remedy this omis- sion, and to provide relicf for the families of persons raised by beat of drum. 51 GEO. III, c. 17, was an act of indemnity, and to render valid certain acts done for completing the regular militia. 51 Geo. III, c. 20, intituled, “An act to allow a cer- tain proportion of the militia of Great Britain to enlist annually into the regular forces,” was passed “to provide a permanent supply of men for his majesty's regular forces.” The number allowed to enlist annually is 57.14 for England, and 1142 for Scotland;" and the number taken from the militia of each county shall be in the same relative proportion to, and shall not exceed one-seventh of, the quota fixed by the 42 Geo. III." If the militia consists of more than one battalion, the secretary of state is to determine the number to be allowed to enlist." Of. ficers are not to reject men of the height of five feet four inches, and under thirty-five." As soon as the number of men to be enlisted is ascertained, they shall be discharged, and, if approved, attested.* No person in confinement shall be entitled to enlist, un- til he shall have suffered the sentence of a court-martial.& * S 1. b Ibid. • $3. d $ 4. • $ 5. * S 9. & S 11. &H, IV, GF THE MILITIA, 127 No person serving in the militia, who shall be usually employed as adjutant's clerk or regimental clerk, or as a ST .#. drummer, or as a musician in the band of the regiment of-51 or. militia to which he shall belong, or shall be usually em-" " 20. ployed as an armourer in any such regiment, or who shall :#. 4, have been trained as an artilleryman or matross, and as such shall be attached to any artillery belonging to any regi-who may ment of militia, not exceeding twenty men in each bat-not enlist. talion, shall be entitled to his discharge, or to enlist as aforesaid under this act, unless he shall obtain the consent for that purpose of the commanding officer of the regiment of militia in which he shall be then Serving.” With the consent of the officer commanding any regi- ment of militia, any number of serjeants and corporals, not exceeding the proportion of one serjeant and one cor- poral for every twenty men enlisting from any regiment of militia may enlist in like manner, and at such periods, as a part of the said quota, into his majesty's regular forces; and if any greater number of serjeants or corporals than such proportion as aforesaid are desirous of enlisting as aforesaid, such number shall be reduced by ballot to the number authorised to list.” CoMMANDING officers may refuse to discharge men upon sufficient cause." PERSONs discharged refusing to enlist, or not approved of, shall continue to belong to the regiment from which discharged." OFFICERs are not authorised to enlist or persuade to en- list any militiamen, other than such as have been duly discharged." • $ 12. * S 13. • $ 14. * $ 15. • $ 16. 128 PUBLIC POLITY. BOOK W. § 2. No person shall be drafted from the regiment in which *... he is enlisted.” * III, c. 20. # 4, By this act it is enacted, that no allowance under an act passed in the 43d year of the reign of his majesty, in- tituled an act for providing relief for the families of militia- men in Scotland, when called into actual service, or under Wives and any other act for granting allowances to the wives and fa- "* milies of militiamen, shall be granted to the wife or family of any man, who, after passing this act, shall be raised to serve in the militia, as a substitute, hired man, or volun- teer; but all allowances to be granted under any of the said acts to the wives or families of any men raised after the passing of this act for the militia, shall be confined to the wives or families of ballotted men only.” / His majesty may order men to be raised by beat of drum for the militia, and the adjutants, quarter-masters, staff-serjeants, to non-commissioned officers and drummers of the local militia, remaining on permanent pay, and em- bodied, and when not assembled for training and exercise, duly authorised by their commanding officers for the time being, may be employed in that service.” The bounty to the men so raised by beat of drum is twelve guineas, paid under such regulations as his majesty shall direct." Boys. His majesty may direct boys above fourteen years to be enlisted for the militia, in a certain proportion not ex- ceeding one-fourth." MILITIA is to be gradually reduced to quotas, fixed in 42 Geo. III, c. 9, and c. 91." * $ 17. $ 20. • $23. * $25. • $26. f § 29, 62}I. 1 W. OF THE MILITIA. 129 His majesty may allow the raising of supernumeraries...}}. ". . . * , tº st ATUTES, for the militia, equal to the number allowed to enlist into–51 cro. the regulars.” 111, c. 20. SUPERNUMERARIEs are to form part of the militia of each county, &c." The lieutenancy are to direct how supernumeraries shall be applied to supply vacancies from enlisting.” His majesty may direct any number of officers, &c. serving in the militia at the time of the reduction of privates, to be retained, although the number may ex- ceed the proportion prescribed for any regiment, &c." A NUMBER of men is to be raised for the militia annu- ally, by ballot or otherwise, in each county, equal to the mumber allowed to enlist in the army, and deficiencies." A bounty of £10:10s. is to be paid to every man bal- lotted and enrolled." Deputy-Lieutenants are to apportion the men raised by beat of drum, and men raised by ballot, among the parishes.é Where the number ballotted for in any year shall ex- ceed the deficiencies, the surplus shall be apportioned among the parishes.” It is lawful for the men ballotted or enrolled for the local militia of any county to enlist into the regular mili- tia of the same, or any adjoining county under this act, 3. * S 30. * S 31. • S 32. a $33. * S 36, f$ 37. s $ 39. * $49. WQL. III. I 130 PU BLIC POLITY. BOOK W., $ 2. STATUTI's, —51 GEO. III, c. 20. —51 GEo. 111, c. 118. when not assembled for training and excrcise, provided always, that if any man ballotted or enrolled for the local militia of one county shall enlist into the regular militia of another county, not being an adjoining county, he shall be held to be duly enlisted, and continue to serve in such militia until he shall be reclaimed by the commanding of- ficer of the local militia to which he belonged previous to such enlistment, and upon being so reclaimed, shall not be restored to such local militia, but shall be transferred to the regular militia of that county, to the local militia of which he so belonged, and be bound to serve for the full period therein, as if he had originally cnlisted in the mi- tia of such county.” As it was thought that it would materially conduce to the better defence and security of the kingdom, if the services of the regular militia were extended to all parts of the united kingdom, the act 51 Geo. III, cap. 118, was passed to permit the interchange of the British and Irish militias respectively.” INSTEAD of the oaths on enrolment of ballotted men and substitutes prescribed by 42 Geo. III, c. 90; 42 Geo. III, c. 91; 49 Geo. III, c. 120; which are re- pealed, the following oaths are ordered to be taken : oath of bal- “ I, A. B. do sincerely promise and swear, that I will dotted man. be faithful, and bear true allegiance to his majesty king George, and that I will faithfully serve in the militia, in any part of the united kingdom of Great Britain and Ireland, for the defence of the same, during the time of five years, for which I am enrolled, unless I shall be sooner discharged.” * $41. b S 1. CH. IV. OF THE MILITIA. 131 And every person raised under any of the said acts, *...#. © e & g ther as a substitute, hired man, or volunteer, or otherwise—51 cro. than by ballot, shall take the following oath : III, c. 118. “ I, A. B. do sincerely promise and swear, that I will º: be faithful, and bear true allegiance to his majesty king volunteer. George, and that I will faithfully serve in the militia, in any part of the united kingdom of Great Britain and Ireland, for the defence of the same, during the time of five years, or for such farther time as the militia shall re- main embodied, if within the space of five years his ma- jesty shall order and direct the militia to be drawn out and embodied, unless I shall be sooner discharged.” EveRy person who shall be appointed to serve as a ser- jeant, corporal, or drummer, of militia, shall take the following oath —“ I, A. B. do sincerely promise and º to be swear, that I will be faithful, and bear true allegiance to . his majesty king George, and that I will faithfully serve missioned te * * * * e º wº officers. in the militia, in any part of the united kingdom, for the defence of the same, until I shall be legally discharged.” THE militia under this act is to be raised as under the former acts. The force to be raised is to be called the militia of the united kingdom." No regiment, battalion, or corps, of British or Irish militia, shall continue to serve in Ireland or Great Bri- tain respectively, for any longer period than two years successively; and no greater number than one-fourth part of the militia of Great Britain shall at any one time be employed in Ireland, nor any greater number than one- third part of the militia of Ireland be at one time employ- ed in Great Britain, unless in the case of actual invasion or rebellion.” • $ 6. * S 8. I 2 132 PUBLIC POLITY. BOOK W. § 2. REGIMENT5 of British or Irish militia having once serv- *...". cd in one part of the united kingdom, are not to serve au, c. 118, there again but in rotation,” It shall be lawful for his majesty to direct that a bounty, not exceeding two guineas, shall be allowed to every non- commissioned officer, drummer, and private man, who shall make a voluntary offer; and if he has been originally chosen by ballot to serve in the militia, he shall take the follow- ing oath, viz. “I, A. B. do sincerely promise and swear, that I will be ſaithful, and bear true allegiance to his majesty king George, and that I will faithfully serve in the militia, in any part of the united kingdom of Great Britain and Ire- land, for the defence of the same, during the remainder of the term for which I was enrolled to serve in the militia within Great Britain (or Ireland, as the case may be), un- less I shall be sooner discharged.” And every such man shall be then and there enrolled to serve in the militia of the united kingdom as a private militiaman, until the expiration of the period for which he was originally enrolled to serve in the militia of Great Britain (or Ireland, as the case may be); and every pri- vate man making such voluntary offer as aforesaid, who shall have been originally enrolled to serve as a substitute, hired man, or volunteer, shall be enrolled to serve in the militia of the united kingdom, for the remainder of the time for which he was originally enrolled to serve in the militia of Great Britain (or Ireland, as the case may be), or for such farther time as the militia may remain em- bodied; and shall take the following oath, viz. * $ 9. ÇH, IV. OF THE MILITIA. 133 “I. A. B. do sincerely promise and swear, that I will S 3. be faithful, and bear true allegiance to his majesty king”. George, and that I will faithfully serve in the militia of in, c. 118, Great Britain and Ireland, for the defence of the same, during the remainder of the time for which I have been enrolled, to serve in the militia within Great Britain (or Ireland, as the case may be), or for such farther time as the militia may remain embodied, unless I shall be sooner discharged.” AND every non-commissioned officer and drummer making such voluntary offer as aforesaid, shall also be enrolled to serve in the militia of the united kingdom, and shall take the oaths directed by the act, herein before directed to be taken by all non-commissioned officers and drummers who may be enrolled to serve in the militia of the united king- dom, by virtue of this act; and such several enrolments shall take place, and such oaths shall be administered at such times, and under such regulations as his majesty, by any order to be signed by the secretary of state, or by the lord-lieutenant, or other chief governor or governors of Ireland, or his or their secretary, shall in that behalf di- rect or appoint.” THE commanding officer shall explain to the men, that their offer is to be voluntary.” Doubts having arisen whether substitutes and volum-–51 º: teers enrolled before the passing of 51 Geo. III, Cap. 20," c. 128. and whose wives and families are entitled to allowances, would, after volunteering to serve in Ireland under 51 Geo. III, cap. 118, continue to be entitled to claim such allowances for their wives and families, the 51 Geo. III, cap. 128, enacted, that their volunteering to serve in Ire- land, should not deprive the militiamen, or their families, from receiving their established allowances. * $ 12. b S 13. I 3 134, PUBLIC POLITY. BOOK W. § 2. STATUTES, —53 Gro. #113 Ce 81. Additional officers, Doubts had also arisen as to the relief of the wives and families of men serving in the militia, where such wives had accompanied their husbands with the regiment, or left their children at home. For removing such doubts, the 53 Geo.III, cap. 81, enacted, that the wife of a militiaman following the regiment, or leaving her home, shall, on her return, be entitled to relief.” INSTEAD of ten shillings, the allowances to surgeons at- tending to examine ballotted men and substitutes, was in- creased to one guinea per day.” WoLUNTEERs discontinued, and not discharged for mis- conduct, were declared not to be liable to serve in the militia, although ballotted while volunteers.” IT is lawful for the commandant of any regiment, bat- talion, or corps of militia, with the approbation of his ma- jesty, to appoint additional non-commissioned officers and drummers to such regiment, battalion, or corps, in the proportion of one additional serjeant, and one additional corporal, and one additional drummer, for every 50 super- numeraries his majesty may order to be raised for such regiment, battalion, or corps." * , , f It is made lawful for his majesty to order the raising by beat of drum for the militia of each county, over and above the quotas to which the militia is to be reduced, under an act passed in the 51st year of his present majes- ty, entituled, an act to allow a certain proportion of the militia of Great Britain to enlist annually into the regular forces, and to provide for the gradual reduction of the said militia, such number of supernumeraries as his majesty • $ 1. * $ 2. § 4. * S 5. ČH. IV. OF THE MILITIA. 135 shall order and direct, not exceeding one-half of the amount s 2. of the quotas above mentioned.” stºrs, -:23 GEO, III, c. 81. MILITIA officers may raise men at head quarters, or within ten miles thereof, though such head quarters or circle of ten miles may not be within the county to which the militia shall belong, or any adjoining county." THE proportion of men allowed to enlist into his majes- ty's regular forces from the militia of any county, riding, division, or stewartry, having more than one regiment, shall be one-seventh of the actual establishment of each regiment, at the time of such enlisting, and not in propor- tion to the number of men actually serving." If the number of men actually serving in any regiment on the twenty-fourth day of January in each year, shall, after deducting the annual quota allowed to enlist there- from into his majesty's regular forces, exceed the number allowed upon the establishment of such regiment, such ex- cess shall be allowed to volunteer and enlist into his ma- jesty's regular forces, in addition to, and over and above such annual quota as aforesaid." No provision had been made for the recovery of sums paid by treasurers of counties, which ought to be repaid by treasurers of other counties, cities, boroughs, towns, and places. It was, therefore, enacted, that in every case where an account of sums paid by the treasurer of any county or place, on account of militiamen serving for any other county or place, shall have been transmitted to such respective treasurer, duly certified as required by the said act, and no legal objection shall have been made to such account within the period of three months from the receipt thereof, the same shall be considered as correct and con- * S 6, * S 7. ° S 8. * S 9. 136 PUBLIC POLITY. BCOR V. º: S clusive, and the treasurer to whom such account shall have –53 ago. been so transmitted, shall be liable to pay the full amount *** thereof to the treasurer from whom he shall have received such account; and in case of neglect of payment by such treasurer for the space of two months from the expiration of such first mentioned period of three months, that such treasurer so neglecting shall be liable to the penalty of fifty pounds," * $ 10. CHAP. W. Of the Local Militia. A Most important precaution for securing the defence of S 1. the country, is the introduction of a local militia force. In Ingeneral. these eventful times, the legislature has deemed it neces- sary to have at command a greater number of armed per- sons than can be spared from the ordinary occupations of life. A mode of service has therefore been contrived, per- fectly compatible with the exercise of their respective trades and callings. The idea of this has evidently arisen from the volunteer regiments, from which it differs in no respect, except that during the period of four years the at- tendance is compulsory. The local militia was first introduced by 48 Geo. III, cap. 150. But that statute, as well as 49 Geo. III, eap. 48; 49 Geo. Il I, cap.82; 49 Geo. III, cap. 129; 50 Geo. III, cap. 25, so far as it relates to the local militia, were re- pealed by 52 Geo. III, cap. 68, which was enacted for the purpose of including the whole statutory provisions in one act of parliament. 138 PUBLIC POLITY. ISOOK v, § 2. The repeal of these acts affects no commissions, and the º: local militia then serving were to continue to serve as if ~5). GEO. III, c. 68, the act had not been made." Rank of THE lieutenants of counties appoint officers, who rank * with the officers of his majesty's regular militia, as youngest of their rank. No higher rank shall be given in any regi- ment of local militia than that of lieutenant-colonel com- mandant, except in cases where the commandant shall have served with the rank of colonel in his majesty's regular forces, or regular or supplementary militia or fencibles, or be the lieutenant or vice-lieutenant of any county or stewartry.” THE lieutenant-colonelcommandant.commandslieutenant- colonels, though their commissions are of a prior date.” OFFIcERs of local militia, who shall have held any com- mission in any volunteer corps at the time of his becoming an officer of the local militia, shall be entitled to rank with the officers of yeomanry and volunteer corps, according to the date of their commission of the same rank in the volunteers.” Rankin the ANY person who shall have held the rank of colonel of º any regiment, or battalion of regular or supplementary who have militia, and who may be appointed to the command of any tº: regiment or battalion of local militia, ranks as colonel, ac- supplemen- cording to the date of his commission in the local militia; *** and every lieutenant or vice-lieutenant of any county or stewartry, as long as he shall continue to act as such, who shall be appointed to the command of any regiment or battalion of local militia, ranks as colonel, according to the date of his commission in the local militia; and every person who shall have served in the regular or supplementary * S 1. *S 2. * $3. * Ibid. CH. W. OF THE LOCAL MILITIA. 139 militia as a commissioned officer, and by reason of the , š. iſ, reduction of such militia shall have ceased to hold such–52 cro. rank, shall, if appointed to a like commission in the local” “ 68. militia, rank according to the date of his first commission. That no officer holding the rank of colonel in the local militia, be entitled to, or receive any greater pay or emolument than that of lieutenant-colonel commandant.” CoMMissions are not revoked by the revocation of the power of the grantor.b A LIEUTENANT-colonel must, either in his own right or Qualifica- º g s e º tions of in right of his wife, have, or be heir apparent to, an estate. of £300 Scots of valued rent in Scotland; a major, in like manner, have, or be heir to, one of £200 Scots of valued rent; a captain have, or be heir to, one of £100 Scots of valued rent, or be a younger son of some person who has, or at the time of his death had, a like estate as aforesaid of £200 Scots of valued rent, or has himself real or personal property to the amount in the whole of £1000 sterling; a lieutenant a like estate as aforesaid of £20 Scots of valued rent, or a personal estate alone, or real and personal estate together, to the amountor value of £500, or be son of some person who has, or at the time of his death had, a like estate as aforesaid of £40 Scots of valued rent, or who has, or at the time of his death had, a personal estate alone, or real and personal estate together, to the amount of £1000 sterling; an ensign £10 Scots of valued rent, or a personal estate alone, or real and personal estate together, to the amount of £300, or be son of some person who has, or at the time of his death had, £20 Scots of valued rent, or a personal estate alone, or real and personal estate together, to the amount of £600 sterling. ANY officer who shall have held any commission in his majesty's regular army, or in the regular or supplementary • $4. * S 5. 140 PUBLIC POLITY. BOOR. W., s 2. militia, or in any fencible regiment, or who shall have *...* transferred himself, together with his corps, or any part —52 GEo. le $5 º ...”. te & ru, c. 68, thereof, from the volunteers into the local militia, with his majesty's approbation, shall be eligible and duly qualified to hold the same rank in the local militia, although not qualified, as herein before directed; any thing in this act to the contrary notwithstanding." Qualifica. Officers of the local militia for the city of Edinburgh º ...and liberties thereof, shall be qualified as follows: A militia lieutenant-colonel must have a real estate, in houses or sº * other property, within the said city or liberties, of the yearly Edinburgh. value of £200 stcrling, or a personal estate alone, or real and personal estate together, to the amount of £3000 sterling; a major, a like estate of the yearly value of £100 sterling, or a personal estate alone, or real and personal estate together, to the amount of £1500; a captain a like estate of the yearly value of £50 sterling, or personal estate alone, or real and personal estate together, to the amount of £750 sterling ; a lieutenant, a like estate of the yearly value of £20 sterling, or personal estate alone, or real and personal estate together, to the amount of £350 sterling; an ensign, a like estate of the yearly value of 915 ster- ling, or personal estate alone, or real and personal estate together, to the amount of £250 sterling.” No officer superior to a subaltern is to be appointed till his qualification be delivered to the clerk of the peace, who shall transmit a copy to the county lieutenant." The clerk of the peace must enter qualifications upon a roll, and insert in the London Gazette dates of commis- sions, &c. and transmit, every January, to the secretary a $6. b S 7. • S 8. ÇH. W., OF THE LOCAL MIL1T1A, 141 of state, a certificate of qualifications, to be laid before s 2. parliament.” º: III, c. 68- The penalty for acting without having, or delivering in, their qualification is, in the case of lieutenant-colonels Penalty for or majors, £100; of captains, £50, one moiety whereof." shall go to the use of the person who shall, sue for the lification. same; and in every action, suit, or information, brought against any person for acting as lieutenant-colonel, major, or captain, not being qualified as herein-before directed, the proof of his qualification shall lie upon the person against whom the same is brought. A PEER of the realm, or heir apparent of any such peer, may act as a commissioned officer in the local militia, within the county, stewartry, or place, where he has some place of residence, although he may not have the qualifi- cation.” r His majesty may direct county lieutenants to displace officers." His majesty may order that a number of private men, Number. not exceeding the numbers specified for each county re- spectively, shall be enrolled to serve in the local militia, at a $9. Colonel. Schedule (A). Lieutenant-colonel. << I clerk of Major. the peace for the county of do hereby certify, that the officers Captains. below specified, serving in the battalion of local militia, have left }*m. with me their qualifications, as di- rected in the 9th section of the act for amending the laws relating to }* the local militia. * $ 10, • $ 11. 142 YºUBLIC POLITY. BOOK W A § 2. STATUTES, —52 Gro. III, c. 68. such periods and in such counties, and in such proportions, as his majesty, by any warrant under his royal sign ma- nual, shall specify (that is to say), for the county of Edin- burgh 1332; for the city of Edinburgh 1240; for the county of Linlithgow 376; for the county of Haddington 616; for the county of Berwick 620; for the county of Peebles 180; for the county of Selkirk 100; for the county of Roxburgh 712; for the stewartry of Kirkcud- bright 604; for the county of Wigton 476; for the county of Ayr 1744; for the county of Renfrew 1616; for the county of Lanark 3004; for the county of Stir- ling 1052; for the county of Kinross 140; for the county of Fife 1936; for the county of Dumbarton 428; for the county of Bute 244; for the county of Argyll 1456; ſor the county of Inverness 1536; for the county of Perth 2612; for the county of Forfar 2044; for the county of Kincardine 544; for the county of Aberdeen 2560; for the county of Banff 716; for the county of Elgin 552; for the county of Nairn 172; for the county of Cromarty 64; for the county of Ross 1080; for the county of Su- therland 400; for the county of Caithness 484; for the county of Dumfries 1136; for the county of Clackmannan 224, a WHERE the quota fixed by the act was less than the num- ber actually serving, the excess was to continue to serve till their periods of service are expired; but no vacancies were to be supplied till the local militia was reduced be- low the quota fixed by this act.” WHERE the quota fixed by the act was greater than the number of local militia then serving, no further enrolment was to take place so long as the local militia and volunteers together were equal to six times the militia.c * S 12. * Ś 13. e S 14. & H. W. OF THE LOCAL MILITIA. T43 When the number of local militiamen fixed as the quota $2. of any county or place, shall be greater than the number *:::::: actually serving, the members of any corps of volun-mi, c. 98. teers, within the ages limited by this act, and not having more than two children under the ageof 14 years, may trans-volunteers fer themselves, with the approbation of his majesty, under. * the direction of the lieutenant or deputy-lieutenants, to the local militia of the county or place, upon such conditions as to his majesty shall seem fit; and such volunteers shall be enrolled without ballot in such local militia, and shall be deemed local militiamen to all intents and purposes." VolunTEERs so transferring themselves are not liable to serve in the regular militia." Bounties to such volunteers are to be certified by the deputy-lieutenants Or justices attending the enrolment.” VolunTEER yeomanry and artillery corps may transfer their services to the local militia.” THE 42d, 46th, and 49th of his present majesty, or other acts relating to the militia, relating to the appoint- ing and holding general and subdivision meetings of lieu- tenancy, or to the making out lists from which to ballot, or to the mode of balloting, as far as applicable to this act, and not altered or repealed, shall be put in force, with respect to the local militia, in as ample a manner as if they were re-enacted in this act.” SUBDivision clerks are to give notice of meetings to commanding officers of regiments." The men shall be ballotted from persons between the ages of 18 and 30, returned in the militia lists." •S 15, 5 § 16. “S 17. as 18. § 19, r S 20, $21. 144 PUBLIC POLITY. 1300K W. § 2. On making out or amending of any lists after the pass- sº ing of this act, of persons fit to serve in the local militia, * * * every person who shall wilfully neglect to appeal within ;. the time appointed for that purpose, shall forfeit for every punished, such offence any sum not exceeding £5, nor less than 20s. at the discretion of any two or more deputy-lieutenants, or justices of the peace, or magistrates; and on non-pay- ment thereof, to be imprisoned, at the discretion of any two or more deputy-lieutenants, or justices of the peace, or magistrates, as aforesaid, for any time not exceeding 14 days." Two jus- tices. No person under 30 is to be a special constable.” *** ANY two or more deputy-lieutenants, or any one de- ... puty-lieutenant and one justice of the peace, from time to time may issue their order or warrant, under their hands, requiring the attendance of the schoolmaster, constable, or other officer of any parish or place within the subdi- vision, for the purposes of this act, at such time and place as in such order or warrant shall be expressed ; and if they neglect to appear, or to comply with such orders and directions as they shall from time to time receive, or shall be guilty of any fraud or wilful partiality or gross neglect in his duty, the said deputy-lieutenants, or any two or more of them, or such one deputy-lieutenant and ...one justice of the peace. are to commit the person so of ºpedience. fending to the common gaol, there to be kept, without bail, for the space of one month, or, at their discretion, to fine such person in any sum not exceeding £20, nor less than 40s.c Two justices may appoint deputies to quakers for car- rying this act into execution." * S 22. $ 23. ° S 24. * S 25, CH. W., OF THE LOCAL RIIL1T1A, 145 The deputy-lieutenants, at their subdivision meetings, s 2. may add together two or more places and lists, and the "...". constables, &c. shall act together as if they were the offi-III, c. 68. cers of the same parish, and shall meet in the parish first named in the order of the deputy-lieutenants." And de- puty-lieutenants hear and determine disagreements be- tween parish officers.” This act extends to extra-parochial places added to parishes; and where no constables or schoolmasters." Clerks of subdivision meetings to transmit copies of rolls to the clerk of general meeting, under penalty of 4920.” GENERAL meetings may alter subdivisions and the al- lotment of men in each division.* At the second subdisivion meeting, the deputy-lieuten-one depu- ants shall appoint the number of men to serve for each tº." parish and place, and shall order notice to be given thereof and of the next meeting, and shall cause the number to be ballotted. Amy two or more of the said deputy-lieu- tenants, or any one deputy-lieutenant, and one justice of the peace, assembled in pursuance of such appointments, shall cause the number of men appointed to serve as afore- said, to be chosen by ballot out of the persons between the ages of eighteen and thirty, returned in the militia lists, and shall appoint another meeting to be holden within three weeks, in the same subdivision, and shall issue out an or- der, directing the schoolmaster or constable, or other officerschool- of every parish or place, to give notice to every man somas” chosen to serve in the local militia, to appear at such meeting, which notice shall be given or left at his place of as 26. Ibid. • $ 27. *š 28. “S 29. $30, WOL. III. K 146 PUBLIC Porlºry, Book v. § 2. 8TATUTES, —52 GEo. Hii, c. 68. abode, at least seven days before such meeting; and such schoolmaster, constable, or other officer, shall attend such meeting, and make such return upon oath of the days when such notice was served; and every person so chosen by ballot, shall, upon such notice, appear at such meeting, and if on examination found able and fit for the service, and approved of in manner hereinafter directed, shall then and there take the following oath (that is to say), Qathofmen “ I, A. B. do sincerely promise and swear, that I will chosen by ballot. be faithful, and bear true allegiance to his majesty king George, and that I will faithfully serve in the local mili- tia of , within Great Britain, for the defence of the same, during the time of four years, for which I am enrolled, unless I shall be sooner discharged.” AND every such person shall be then and there enrolled (in a roll to be then and there prepared for that purpose) to serve in the local militia of such county, stewartry, or place, as a private local militiaman, for the space of four years. EveRY man, before enrolment, is to be examined up- on oath before the deputy-lieutenants, as to his resi- dence, age, and family, and the oath so administered to him shall be in the words, and according to the form and effect in the schedule to this act annexed, marked (B.); and if any person shall refuse to be so examined, such person may, at the discretion of any one or more deputy- lieutenants or justices of the peace, be imprisoned for any time not exceeding one week, and shall notwithstanding be liable to be enrolled to serve in the said local militia, if he shall appear to the deputy-lieutenants or justices to be a fit and proper person to be so enrolled.” * S 31. ITOR.M OF OATH, I am by my trade a and have “ I do make oath, that been usually resident in the Parish of in CH, V, OF THE LOCAL MILITIA, 147 If any person whatsoever shall insure, or take or agree s 2. to take any money for the insurance of, or be any ways”. concerned in any company, society, partnership, club, orº, c. 65. office, for the insurance of any person or persons, or for the insuring or indemnifying each other against, or for Periºnºi. o * * • suring sub- the paying any money for or towards the discharging of, j any fine or penalty, for any person or persons who may nalty” be ballotted to serve in the local militia, or shall pay, or engage to pay, any sum or sums of money to any volum- teer, to serve in discharge of any county, stewartry, or place, beyond the sum of two guineas to be paid to such volunteer, as hereinafter directed, every such person as aforesaid shall forfeit for every such offence the sum of 2050.2 * No person ballotted to serve in the local militia shall be No person e - s . ballotted allowed to find or provide any substitute to serve in his... to stead." find a sub- stitute. If the heritors of any parish shall, with the consent of Heritors. a majority in value, according to their valued rent, given at a meeting called for that purpose, produce to the said deputy-lieutenants, or any two or more of them, at any subdivision meeting for choosing the local militiamen by ballot, any volunteers, being of the same or some adjoin- ing county or place, such volunteers, examined and ap- Yºº proved, shall be enrolled to serve on the same conditions ſe in the county of or seafaring man. As witness my That I am unmarried (or have a wife hand, at the day of living, as the case may be), and that one thousand eight hun- I have no children (or not more than dred and º two children born in wedlock); and Sworn before me, at this that I have no rupture, nor ever was day of one thousand troubled with fits, and am nowise eight hundred and e disabled by lameness or otherwise, Witness present.” (Schedule B.) but have the perfect use of my * S 32. b S 33. limbs; and that I am not a seaman, R 2 148 PUBLIC POLITY, BOOK We § 2. st At UTEs, III, c. 68. Assess- rment for the £2: 25. Exempt from ser- vice. as persons chosen by ballot; and the said deputy-lieute- nants shall cause only such number of persons to be chosen by ballot, out of the lists returned for such parish or place, as shall be then wanted to make up the whole number to serve for such parish or place; and if any such majority of heritors in value as aforesaid, shall give to such volum- teers any sum of money, not exceeding two guineas each, to serve in the local militia for such parish or place, it shall be lawful for the heritors of such parish, being pro- prietors of lands within the parish to the extent of at least £100 Scots of valued rent, appearing in the land-tax books of the county or stewartry within which such parish or place is situated, at any meeting to be held for that purpose, to be called by any two or more of such heritors, upon notice to that effect given from the pulpit on any Sunday, at least five days previous to such meeting, to assess sums equal to all such bounties upon the heritors within such parish, in proportion to the valued rent of every heritor within the parish; and one half of every sum so assessed shall be paid by the tenant or tenants of the land upon which the same shall be assessed." No ballot shall take place where persons shall voluntari- ly enrol themselves.” No peer, nor commissioned officer in the regular militia, or in his majesty's other forces, or in any one of his ma- jesty's castles or forts, nor any officer on the half pay of the navy, army, or marines, nor any non-commissioned officer or private man serving in the regular militia, or in any of his majesty's other forces, nor any person being an effective member of any corps of yeomanry or volunteers, and duly returned as such, nor any professor, nor any person being a resident member of any of the universities, * S 84. * $35. CH. W. OF THE LOCAL MILITIA, 149 nor any licensed clergyman, nor any teacher licensed with- $2. in the county, stewartry, or place, to preach or teach in". some separate congregation (not carrying on any trade, ul, c. 68. nor exercising any other occupation for his livelihood, ex- cept that of a schoolmaster), having taken the oaths, and made and subscribed the declaration required by law from the teachers or preachers of congregations of dissenting protestants, and being bona fide the teacher of any congre- gation whose place of meeting shall have been duly regis- tered at least twelve months previous to the general meet- ing appointed to meet in October for the purposes of this act; nor any parish schoolmaster, nor any constable or other peace officer not being a special constable; nor any seaman or seafaring man, nor any person mustered, train- ed, or doing duty, or employed in any of his majesty's castles or forts; nor any man who has more than two children born in wedlock, and who is not possessed of an estate in lands, goods, or money, of the clear value of £50 sterling, and who shall make oath that he is not seised or possessed of such estate, nor any person receiving his education on an eleemosymary foundation, shall be liable to serve in the local militia; and no person having served personally in the regular militia, or provided any substi- tute, or for whom any substitute has been provided, or paid any fine for not serving or finding a substitute in the regular militia, shall be liable to serve in the local militia until four years after the expiration of his period of ser- vice, if he shall have served in person, or six years after the period at which such substitute shall have been enroll- ed, or four years after having paid any such fine; and no person having served personally according to the directions of any former act or acts relating to the local militia, or under this act, shall be obliged to serve again until the expiration of two years; and no person having paid any fine, or upon whom distress has been made for any fine for not serving in the local militia, shall be liable to serve k 3 150 PUBLIC POLITY. BOOK W 9. § 2. until the expiration of two years from the period of having *:::: paid such fine, or suffered such distress." III, c. 68. PERsons enrolled in the local militia at the time of 52 Geo. III, c. 68, are exempt from service in the regular militia for two years.” Persons afterwards enrolled only are exempted for one year." BUT persons exempt are liable to serve in the regular militia, if they neglect to attend training." Friendly NIEMBERs of friendly societies shall not forfeit their be- * nefits, nor be subject to fine for non-attendance owing to service in the local militia.” f Allowances WHENEver any corps of local militia shall be assembled i. ... for the purpose of being trained and exercised, or for the lics. . suppression of riots, or of rebellion or invasion, all per- sons enrolled therein who shall join on such assembling, and shall have families unable to support themselves, shall, during the period of their being so assembled, be entitled to the same relief to their wives and families, and subject to the same regulations as the wives and families of men bal- lotted to serve in the regular militia. But no assessment shall be made to make good the amount of any sums paid for such relief to such wives and families under this act in the manner directed by 49 Geo. III, c. 90, in regard to the regular militia. WHENEVER any corps of local militia shall be assembled for training and exercise, all persons enrolled therein, hav- ing families, who would be entitled to relief if they were resident in some other place than that in which the regi- * § 36. * S 37. c Ibid. d $38, Q $39, CH. W. OF THE LOCAL MILITIA. 151 ment shall be assembled, shall be entitled to relief for S 2. their wives and families, notwithstanding such wives and’. families may be resident in the place where the regimentin, c. 68. may be assembled.” DEPUTY-LIEUTENANTs may cause lists to be amended, and proceed to a fresh ballot, and any one deputy-lieute- mant or justice of the peace may administer the oaths.” ANY ballotted person neglecting to appear, shall forfeit Fines for the sum of thirty pounds, or; if he shall not have an in-tº. come amounting to two hundred pounds, clear of all out- goings, taxes, or reprizes, the sum of twenty pounds; or, if his income shall not amount in the whole to one hun- dred pounds, the sum of ten pounds; and every such fine shall be paid to the clerk of the subdivision meetings. The fines are paid to the clerk of the subdivision meetings, and paid into the bank to the account of the agent-ge- neral.c LIST of fines are transmitted to the secretary at war." ANY person imprisoned for the non-payment of any fine for not appearing to be enrolled, or for refusing to take the oath, or for refusing or neglecting to attend an annual period of training and exercise, shall be compellable to serve for the full period of four years after the expira- tion of such imprisonment." PERSONs claiming exemption, on payment of sé20 or -810, sign a declaration that their income does not exceed a certain sum." The penalty is £50 for making a false declaration.* • S 40. b S 41. • S 42. * $43, - * $ 44. f $ 45. is Ibid. 152 PUBLIC POLITY. BOOK W, § 2. STAT' ' ' " S, II, c. 68. Two jus- tices, Quakers. Such persons sign declaration that they have not insur- ed.” THE penalty for refusing to sign a declaration, or mak- ing a false one, is three times the amount of the fine.” THE conviction is before two justices of the peace. In default of payment, the delinquent is confined in any house of correction or common gaol for such county, stewartry, or place, for any period not exceeding three months, or until payment of such penalty; and shall be liable per- sonally to serve in the said local militia for the full terma of four years after the expiration of such imprisonment, or the payment of such penalty.” DEPUTY-LIEUTENANTs may make new apportionments, in case the quotas are found not to be in proportion to the numbers liable to serve.” NEw lists shall be made out by any two or more de- puty-lieutenants, if any are lost.* QUAKERs, or united brethren, on production of certifi- cates, shall not be enrolled ; but it shall be lawful for any two deputy-lieutenants or justices to adjudge them to pay such proportion of the fines on ballotted persons as to such deputy-lieutenants or justices may appear to be pro- per, according to the situation in life and property of such person. The amount of fine so adjudged by such deputy-lieu- tenants or justices may be levied by distress and sale. • $46. Ibid. • Ibid. • $47. $48. CH, V. OF THE LOCAL MILITIA, 153 If no goods or effects can be found, whereby the sum_S 2. so imposed upon such quaker or united brother can be". levied, and the deputy-lieutenants or justices shall never-ni, c. 68. theless, upon inquiry, be satisfied that such quaker or Quakers. united brother is of sufficient ability to pay such fine of £10, then it shall be lawful for any deputy-lieutenant or one jus. justice of the peace, if he shall think fit, to commit such tice. quaker or united brother to prison, there to remain for any time not exceeding one month, unless such sum shall be sooner paid and satisfied ; but no quaker or united brother, so committed as aforesaid, shall be confined among culprits.” PERsons having more than one residence shall serve where their names are first inserted in the list.” PERsons are to serve in the militia of the county in which the parish church is situate.” No man is enrolled until examined and approved by a surgeon." AN allowance is made the surgeon for his attendance, not exceeding one guinea. Two deputy-lieutenants, and a justice of the peace, may discharge persons chosen by ballot, who are unfit for service, and cause others to be chosen.” DEPUTY-LIEUTENANTs class the men enrolled, and make • $49. * $ 50. • $ $1. *S 52. * S 53. 154 IPUBLIC POLITY. Book v. § 2. STATUTE8, —52 GEo. III, c. 68. out a list in the form in schedule (C)," a copy of which the clerk of the subdivision shall transmit to the clerk to the general meetings, to be entered in a book.” MEN becoming unfit to serve may be discharged ; but if this be done by the commanding officer only, it must be confirmed by two deputy-lieutenants, or a deputy-lieutenant and a justice, before others are ballotted for.” WAcAncies are filled up by a fresh ballot." MEETINGs of lieutenancy fix by ballot the order in which subdivisions and parishes shall stand, as to the sup- plying deficiencies on account of the appointment of per- sons to be serjeants or corporals." No ballot for a private appointed a non-commissioned officer or drummer in the room of one reduced to the ranks, shall take place so long as he serves in the regi- ment.” * a Schedule (C.) | SUBDIVISION of in the county of RETURN of Enrolment, dated the day of TNAMES OF MEN, Date of Age CLASSES. ‘Parishes. Enrolment.”8°l— k Ballotted. Volunteers. 1st. 2d. 3d. Last 4. S. Jones. ſº June 1st 22 || >4 | Totals, Signed A. B. Clerk to Subdivision Meeting. * $ 54. * S $5. * S 56. • $ 57. * $ 58, CH. W. OF THE LOCAL MILITIA, T55 The chrolment of servants vacates not their contracts...}. 3, with their masters, unless the local militia shall be embo-–52 gro. died," and if any dispute shall arise touching wages under" “* £20, a justice may settle it, and may grant warrant for levying the money by distress if not paid.” Two deputy-lieutenants, or a justice, may order the money agreed to be given to a volunteer, to be paid him on enrolment.” THE local militia are permitted to enlist, except dur- ing the period of being assembled for the purpose of annual training and exercise." No serjeant, corporal, or drummer of any regiment of local militia, on perma- ment pay as such, shall be entitled to his discharge, or be allowed to enlist, whether the regiment shall be assem- bled for the purpose of annual training and exercise or not, unless with the consent in writing of the commanding officer of his regiment, given for that purpose." APPRENTIcEs are not permitted to enlist without their masters consent.* *... ALL vacancies arising in the local militia by such enlist-vacancies, ing, or by discharge, absence, desertion, death, or expiration of service, shall be filled up according to the provisions of this act. But at any time before the local militia of any county, stewartry, or place, shall be completed to the full amount specified in this act as the quota of such county, stewartry, or place, and also at any time thereafter when any vacancies shall arise in such local militia, any persons between the ages of eighteen and thirty-five, of the height of five feet two inches, and not having more than two children under fourteen years of age, who shall be ap- proved of in the manner before directed (as well mem- * $60. 's Ibid. s 61. $ 62. Ibid. $63. 156 PUBLIC POLITY. BOOK W. § 2... bers of volunteer corps as others), may voluntarily enrol STATUTES, o * * * , e. "... themselves in the local militia of such county or place, un- su, c. 68 til the full number be completed." In all cases in the execution of this act, when any mat- ter or thing is directed to be enquired of, or cxamined in- to, upon the oath of any witness or witnesses, before any lieutenant of any county or stewartry, or any deputy- lieutenant or lieutenants, or justice or justices of the peace, any such lieutenant, deputy-lieutenant or lieutenants, or justice or justices of the peace, is or are authorised to ad- minister such oath; and all other oaths to be taken in pur- suance of this act, shall and may be respectively adminis- tered by any lieutenant or deputy-lieutenant.” How the THE local militia of the several counties and places . shall be formed into companies of not more than 120, nor shall be of less than 60 private men. To each of such companies ...” there shall be one captain, one lieutenant, and one ensign.” WHERE the number of men raised for any county or place is sufficient for that purpose, the local militia thereof shall be formed into one or more regiments, consisting of not more than twelve, nor of less than eight such companies. Where the number of men raised in any county or place is not sufficient to form a regiment, the local militia thereof shall be formed into a battalion, consisting of not more than seven, nor of less than four such companies. Where the number of men raised in any county, stewartry, or place, is not sufficient to form a battalion of four such companies, the local militia thereof shall be formed into a corps, con- sisting of not less than three such companies. The field-officers of such regiments, battalions, and corps respectively, shall in no case exceed the respective 3 § 64. b § 65. © § 66. ÇH. W. OF THE LOCAL MILITIA, 157 numbers and ranks following: that is to say, in every re- .# 8, giment consisting of not less than 800 private men, one —52 azo. lieutenant-colonel-commandant, one lieutenant-colonel, and” “” two majors; in every regiment or battalion consisting of not less than 480 private men, one lieutenant-colonel- commandant, one lieutenant-colonel, and one major ; and in every battalion consisting of less than 480 private men, one lieutenant-colonel and one major ; and in every corps consisting of three companies, one lieutenant-colonel or major, and no other field-officer. No colonel or field-officer in the local militia shall be captain of a company. Every battalion consisting of five companies or up- wards, may have one company of grenadiers or light in- fantry, to which two lieutenants shall be appointed, in- stead of one lieutenant and one ensign. Every regiment may have one company of grenadiers and one company of light infantry, to each of which companies two lieutenants shall be appointed, instead of one lieutenant and one en- sign. To every company consisting of 90 private men or upwards, there may be two lieutenants and one ensign, or three lieutenants, as the case may be.” His majesty may direct any number of officers, &c. serving in the local militia at the time of the passing of this act, to be retained, although the number may exceed the proportion prescribed for any regiment, &c." THE officers retained beyond the proportions prescribed succeed to vacancies.” | In cases of regiments being reduced, the officers may be appointed to other regiments." * S 66. * S 67. * $68, a $ 69. 158 PUBLIC POLITY. BOOK W. ...º. In any case in which more than one regiment, battalion, –52 Gro, or corps of local militia is ordered to be raised in any III, C. º county or stewartry, his majesty may direct the lieutenant, º,º: vice-lieutenant, or deputy-lieutenants of such county or dercoin. stewartry, to divide it, for the purposes of this act, into .." such number of divisions as there are regiments, batta- lions, or corps, regard being had to the number of per- sons liable to serve, and the establishment of each regiment, and all other circumstances of local convenience; and from and after such division, each of such divisions of such county or stewartry shall supply all vacancies arising in the regiments, battalions, or corps respectively belonging to such divisions. Such divisions, and all apportionments made in pursuance thereof, may be from time to time varied or altered, as occasion may require.” Local mili. WHERE the local militia of any county or stewartry ...” shall not be sufficient to form four companies, his majesty counties may direct the local militia of such county or stewartry jºr. to be joined to the local militia of any other, to form a bat. gether to talion, and the different field-officers shall be appointed as ... *follows: Where three or more counties, stewartries, cities, or places shall be joined together, the lieutenant-colonel- commandant shall be appointed by the lieutenant of the county, stewartry, city, or place, furnishing the greatest number of private men ; the lieutenant-colonel shall be appointed by the lieutenant of the county, stewartry, city, or place, furnishing the next greatest number; and the major shall be appointed by the lieutenant of the county, stewartry, city, or place, furnishing the third greatest num- ber. Where two counties, stewartries, cities, or places-on- ly shall be joined together to form a battalion, then and in such case the licutenant-coloncl-commandant and the major shall be appointed by the lieutenant of the county, stew- * $70, CH. W. OF THE LOCAL MILITIA, 159 artry, city, or place, furnishing the greatest number, and $2. * tº g stATUTÉs, the lieutenant-colonel shall be appointed by the lieutenantlº gº. of the county, stewartry, city, or place, furnishing them, c. *. smallest number: Provided always, that where any county, stewartry, city, or place, shall not furnish men sufficient to form a company, the lieutenant of such county, stew- artry, city, or place, shall not appoint any of the field of- ficers.” * His majesty, where no provision is made by this act, may order the local militia to be formed and regulated as to him shall seem meet.” --- THE county lieutenant may act as commandant of the local militia, when there shall not be any other appointed, and have the rank of colonel.” Local militia officers accepting commissions of the same rank in any other regiment, rank in the service according to the dates of vacated commissions." WHEN a commandant shall be absent from Great Bri- tain, his majesty may direct the officer next in command to act, who shall be vested with the same powers till the commandant shall return and notify his arrival.” The officer next in command shall, within seven days after assuming the command, notify the absence of the com- mandant to the county lieutenant, and to the secretary at war.” \ ORDERS given by a commandant for clothing or ac-orders for coutrements shall be completed, and the money paid to ...hing, his order, though he may leave Great Britain; as shall the * S 71. b S 72. • $ 73. * S 74. • $75, f Ibid. A60 PUBLIC POLITY. BOOK. We § 2. §TATUTES, —52 GEo. III, c. 68. Surgeons, orders given by the officer next in command during the absence of the commandant, though he may return.” His majesty to appoint adjutants from the army or mili- tia, who shall preserve their rank in the army, and may be appointed to the rank of captain after five years service, though not qualified.” No adjutant, so appointed to the rank of captain, shall command a captain of a company, or be entitled to greater pay than adjutant.” In every corps of not less than two companies, the lieu- tenant of such county, or place, with the approbation of his majesty, may appoint one fit and proper person, who shall have passed an examination at surgeons hall, or at the college of surgeons in Edinburgh, and received his certificate accordingly, to be surgeon of such regiment, battalion, or corps. Every such appointment shall recite the certificate of the person so appointed, and an attested copy thereof shall be transmitted to, and kept by the clerk of the general meetings. EvKRy such surgeon shall, while the local militia to which he shall belong are disembodied, receive fifteen shill- ings per day for every day of his attendance during any ex- ercise of such local militia under this act, and one guinea for every day that he shall attend the enrolments at the subdivision meetings: during the time of the local militia being embodied, he shall receive the pay and allowance of a surgeon of infantry in his majesty's other forces, and be subject to the like rules, restrictions, and directions in every respect, as far as the same may be applicable ; and the lieutenant of the county, or place, on the recommenda- Pay. * S 75. b S 76, o Ibid, ºf. W., OF THE TOCAL MILITIA, 161 tion of the colonel or other commandant thereof, may give, i.5, to such surgeon a commission as lieutenant or ensign in—52 ago. such regiment or battalion; but no such surgeon shall be" “” capable of receiving any pay in respect of any such com- mission in such local militia, during the time of his being such surgeon as aforesaid.a A QUARTER-Master may be appointed, but shall not hold any other commission.” No adjutant, surgeon, or quarter-master shall be ap- pointed captain of a company, nor any captain of a com- pany to be appointed adjutant, &c." HALF-PAy officers serving may receive their half-pay on taking the following oath.” “I, A. B. do swear, that I had not, between the Oath. and the any place or employment of profit, civil or military, under his majesty, besides my allowance of half-pay as a reduced in late regiment of save and except my pay as (colonel, lieutenant- colonel, major, captain, lieutenant, ensign, adjutant, quar- ter-master, or surgeon, as the case may be), for serving in the local militia.” AND the taking of the said oath shall, without taking any other oath, be sufficient to entitle such person to receive his half-pay." SERJEANTs, corporals, and drummers shall be appoint-The pro- t tº ºn e º e º º ;....... portions of ed to the local militia, in the following proportions:... One serjeant and one corporal to every twenty private missioned g . . . officers and men; two drummers to every company, with an addition drummers: a $ 77. * S 78. • $ 79. a $80. * Ibj6. VOL. III. Js 162 PUBLIC POL1TY. Boök v. STA . 89 of one drummer for each flank company of regiments or Tº go battalions consisting of five or more companies; and all *** serjeants, corporals, and drummers, not being retained on permanent pay at head-quarters, shall take the oath herein before directed to be taken by persons chosen by ballot to serve in the local militia; and all serjeants, corporals, and drummers, who may have consented, or been engaged to remain on permanent pay at head-quarters, as hereinafter directed, thall take the following oath. Oath to be “I, A. B. do sincerely promise and swear, that I will be : true and faithful, and bear true allegiance to his majesty mission of King George, and that I will faithfully serve in the local ficers and . . . . . e . * * * tº a tº je militia within Great Britain, for the defence of the same, on perma until I shall be legally discharged.” ment pay. The colonel or other commandant of every regiment, battalion, or corps, consisting of two or more companies, may appoint a serjeant-major, and the colonel or other commandant of every regiment, battalion, or corps, con- sisting of three or more companies, may appoint a drum- #. major. Provided always, that no person who shall keep any house of public entertainment, or who shall sell any ale or wine, or any brandy or other spirituous liquors by retail, shall be capable of being appointed, or of serving or receiving permanent pay as an adjutant, quarter-master, serjeant-major, serjeant, corporal, drum-major, or drummer, in the local militia. CoMMANDANTs may discharge serjeants, corporals, drummers, and appoint others.” ExTRA drummers Inay be kept as fifers or musicians, at the expence of the regiment “ * $ 81. , $ 82. • $83, (JH. W. of THE LOCAL M111TIA. 163 Local militia, when embodied, is entitled to the same Ś 2. pay and allowance as the regular militia.” *. - III, c. 68. Every person enrolled to serve in the local militia shall, upon being assembled for training and exercise under this Necessa- act, be entitled to ten shillings and sixpence for the first..." year of his service, and five shillings and three-pence for each succeeding year of service, to be paid to the captain commanding the company, for the purpose of providing and keeping up such necessaries for such person as may be specified in any order from his majesty's secretary of state to that effect; and all such sums of money shall, at the conclusion of each period of exercise or service, be account- ed for, by the captain commanding each company, to the quarter-master of the regiment, battalion, or corps to which such captain shall belong; and the residue, if any, paid to such quarter-master, who shall account for the same to the secretary at war. Provided always, that no person shall be entitled to receive any allowance for necessaries, who shall not have been present during the whole of the period of annual exercise.” His majesty may put the local militia under the com- mand of general officers," and may order it to be called out yearly to be trained." Men are not to be trained for more than 28 days in a year, nor to be ordered to march from the county in which they are enrolled.” But where towns in the county do not afford accommodation for quartering local militia, they may be marched into an ad- joining county." His majesty may dismiss any part of such militiamen, and discontinue the training." . a Ś 8t. b S 85. • S 86. a S 87. • S 87. * S 88. s S 89. I, 2 164, PUBLIC POLITY. BOOK W. § 2. 8TA TUTES, —52 Gico. III, c. 68. May re- move, ANY person enrolled to serve as a private in the local militia under this act, may remove from one county or place to another, at any time or times during the period of his service, upon giving notice in writing to his com- manding officer, who shall certify the same to the lieute- namt or deputy-lieutenants, or the clerk of the lieutenancy, of the county, stewartry, or place to which such local mi- litiaman intends to remove; and every such local militia- man so removing, shall be received into the local militia of the county, stewartry, or place, if there be any local militia enrolled in such county, stewartry, or place ; and if not, into the local militia of some adjoining county, stewartry, or place, to that to which he shall have re- moved, and shall continue to serve therein for the re- mainder of the term for which he shall have been en- rolled.” Every such local militiaman who shall not present himself to the deputy-lieutenants of some subdivision in such county, stewartry, or place, or such adjoining county, stewartry, or place, as aforesaid, for the purpose of being cnrolled in the local militia thereof, and who shall not transmit to the commanding officer of the regiment, bat- talion, or corps, from which he shall have removed, within one month after the expiration of such annual training, a certificate of the commanding officer of the regiment, battalion, or corps, into which he may have been received, of his having been duly trained and exercised in such regiment, battalion, or corps, shall forfeit double the sum which such person would have forfeited if he had not appeared to be trained and exercised in the local militia in which he was ballotted under this act; and every person who shall again remove, or who shall proceed to any other county, stewartry, or place, than that of * $ 90, €H. W. OF THE LOCAL MILITIA, 165 which he shall have first given notice, shall in like manner § 2. again give notice, and transmit certificates as aforesaid:”. Provided always, that it shall not be lawful for any person in, c. 68. enrolled to serve as a local militiaman to remove from one .. the county, stewartry, or place, to another county, stewartry, period of or place, during the time that the regiment to which he “” belongs shall be assembled, without having first obtained the consent of his commanding officer, expressed in writ- ing.” THE lord-lieutenant, or the vice-lieutenant, or the sheriff of any county, or stewart of any stewartry, or, in their absence, any two justices of the peace, and one deputy- lieutenant, may call out the local militia, for the suppres- sion of any riot or tumults in such or in any adjoining county. THE penalties and forfeitures are the same as for not appearing when the local militia shall be assembled for training and exercise. Any justice or deputy-lieutenant may remit the whole or any part of any fine or penalty incurred for not appearing, upon proof that the person not appearing was prevented by any unavoidable cause. THE local militia, when so called out, shall be deemed to be assembled for training and exercise under this act,” and the same to be notified to his majesty's principal secretary of state; but not to be kept so assembled more than 28 days in one year. SERJEANTs of Chelsea hospital, and out-pensioners, may receive their allowances therefrom, together with their pay in the local militia.” • $90) * $ 91, . • $ 92. 1, 3 166 PUBLIC Polity. BOOK W. § 2. 8TATUTES, –52 Gro. III, c. 68. Courts Imartial. SERJEANTs, &c. having served in the local militia 20 years, may receive the Chelsea pension.” º DURING the time of exercise, the mutiny act and articles of war shall be in force with respect to such local militia, but not to extend to life or limb." No punishment shall extend to life or limb. The officer commanding, and present with any detachment or division of local militia called out to exercise, not being under the rank of captain, may order, when he shall think it neces- sary, a regimental court martial to be held, for the trial of any offence committed by any serjeant, corporal, drummer, or private man under his command. If a sufficient num- ber of officers shall not be present to constitute such court martial, it shall be lawful for the commanding offi- cer of the regiment, battalion, or corps of local militia, to which any such detachment or division of local mi- litia shall belong, and he is hereby required, upon appli, cation made to him by the officer commanding such de- tachment or division, for that purpose to order a sufficient number of officers of proper rank to attend for the pur- pose of assisting at such court martial, who shall forthwith attend the same, and assist as members thereof. The sentence in every case must be submitted to the colonel, or other commandant of the corps to which such detach- ment or division shall belong, or (in his absence from the county, stewartry, or place) to the senior field officer with- in the same, for his approval thereof, who shall cause such sentence to be put in execution, mitigated, or remitted, as he shall in his discretion think best for the service. Everty such court martial which may have been assem. bled for the trial of any offender, as aforesaid, during the a $ 92. * S 93. £IH. W. OF THE LOCAL MILITIA. 167 period of the corps being assembled for training and exer- s 2. cise, or for the suppression of riots or tumults, may conti-". nue to sit, notwithstanding the dismissal of the regiment, iii, c. 63. battalion, or corps, to which the members composing the court martial may belong.” EveRy officer, non-commissioned officer, and private man of the local militia, who shall, during the period of the corps being embodied or assembled for training and exercise, or for the suppression of riots and tumults, have been put under arrest, or shall have been reported to any officer of his regiment, battalion, or corps, for having committed an offence before the disembodying or dismis- sal of the corps, may be tried by any general or regiment- al court martial, consisting of officers of the militia or local militia; and if found guilty, may be punished for such of. fence, although the regiment, battalion, or corps to which such officer, non-commissioned officer, or private man shall belong, shall not then be embodied or assembled, in like manner as any officer, serjeant, corporal, or drummer, or private man of the local militia may be tried during the period of the local militia being embodied." Notices of times and places of exercise to be sent to the Notices. subdivision meetings, who shall issue orders for calling * out the men; notices shall be advertised and affixed on the church doors, which shall be sufficient." * *. CoNSTABLEs give written notices to the men to attend." CLERKs of subdivision meetings send lists of the men enrolled, and the time and place of exercise, to the com- manding officers.” a $ 93. * S 94. • S 95. “Ibid. • $ 96. 168 PUBLIC POLITY, BOOK W, § 2. STATUTFs, —52 Gro. III, c. 68. Pay. PAy of men called out to exercise commences on their joining.” A Local MILITIAMAN falling sick on the march, may be relieved by warrant of a justice, and the expence shall be reimbursed.” ALL provosts, bailiffs, and other chief magistrates, and all constables, and other peace officers of cities, burghs, parishes, and places, and (in their default or absence), any one justice of the peace inhabiting within or near any city, burgh, parish, or place (but for no others), quarter and billet the officers, non-commissioned officers, drummers, and private men serving in the local militia, at the times when they shall be called out to annual exercise, in inns, livery stables, ale houses, victualling houses, and all houses of persons selling brandy, strong waters, cyder, wine, or metheglin, by retail, upon application made to any such provosts, bailiffs, or other chief magistrates, or for any constables, or other peace officers of his majesty's lieute- nant, or by the colonel or other commanding officer of the local militia of the county, stewartry, or place, where they shall be so called out to exercise, as aforesaid. When the local militia is not embodied, nor called out to exercise, all provosts and other chief magistrates and officers aforesaid, or (in their default or absence) any one justice of the peace as aforesaid, may provide convenient lodging, with fire and candle, in such houses as aforesaid, for the ser. jeants, corporals, and drummers of the local militia on per- manent pay.” WHEN the local militia shall be called out to be trained and exercised, or for the suppression of riots or tumults, * $ 97. * $ 98. • $99. (H. We of THE Local MILITIAS 169 any justice of the peace of any county, stewartry, or place, STA š. * being thereunto required by an order from the lieutenant, Tº º or from any deputy-lieutenant of such county, stewartry,”, “ ” or place, or from the colonel or other commanding officer Any one of any regiment, battalion, corps, detachment, or division. of local militia, being within such county, stewartry, or carriages. place, shall issue his warrant, specifying the carriages me- cessary to convey the arms, clothes, accoutrements, am- munition, and other stores of any such regiment, battalion, corps, detachment, or division of local militia, and the person or persons by whom the same shall be furnished, with the number of men who shall be required to drive the same. IN case such carriages and men cannot be provided with- in any such county, stewartry, parish, or place, then any justice of the peace for any adjoining county, stewartry, parish, or place, shall, upon such order as aforesaid being shewn to him, issue his warrant for such carriages and men as shall be necessary to make up the deficiency. THE colonel or other commanding officer of the regi- ment, battalion, corps, detachment, or division of local militia for which such carriages and men shall be required to be provided as aforesaid, shall pay to the person or per- sons who shall provide such carriages, such rate per mile as shall be fixed by such justice, and specified in such warrant, not exceeding fourpence for every mile any cart with one horse shall travel, and so in proportion for any number of carriages drawn by any greater number of horses; and every person so ordered to provide such carriages and men is hereby required to provide and fur- mish the same accordingly, for one day's journey, and no In Ore,” * $ 100. 170 PUBLIC polity. Hook v. § 2. s'PATUTE8, —52 Geo. III, C, 68. The local militiamen, when called out to exercise, may be put under stoppages for providing them with linen, and other necessaries.” - THE returns of the local militia, when called out to be exercised, are made by the colonel, &c. to the county lieutenant, &c." ! THE penalty for neglect is £50.” CAPTAINs of companies make out a return for the ad- jutant, or where none, for the commanding officer, who shall make out a general return according to schedule (D)," and transmit the same to the clerk of the general meeting, and necessary extracts to the clerks of subdivi- Sions, who shall correct their books of enrolments therefrom. The clerk to the general meeting, within a certain pe- riod, transmits to the secretary of state an abstract of returns.” a $ 101. * S 102. • Ibid. d Schedule (D). RETURN of the Company in the of the Local Militia of the County of dated the day of NAMEs of MEN SERyING. CLASSES, ſ Parish, —t Age. Ballotted. l Volunteers. 1st. 2d. 1 3d. | Last. º **. —r— B. S. Jones. 'º- 32 24 C. º T. Gray. 24 % Totals, Signed A. B. Captain of Company. : § 103, CH. V. OF THE LOCAL MILIT1A. I'71 The penalty for neglecting to make returns is 650.” § 2. STATUTEg, —52 Geo- MEN not appearing at the time and place of exercise,...'. or absenting themselves during that time, if not taken till after, shall forfeit £20, or shall be committed.” If men absent themselves, and do not return, or are not taken within three months, others are to be ballotted for. Whenever such men return, or are taken, they shall shall be compelled to serve." MuskETs delivered for the service of the local militia shall be marked distinctly in some visible place with the letters (LM), and the name of the county, stewartry, or place to which they belong; and in case any local militia- man shall sell, pawn, or lose or wilfully damage any of his arms, clothes, accoutrements, or ammunition, or neglect or refuse to return, when required to do so, the same, in good order, to his captain, or to the person appointed to receive the same, every such local militiaman shall, for every such offence, forfeit and pay a sum not exceeding £3; and if such local militiaman shall not immediately pay such penalty, the justice of the peace before whom he shall be convicted shall commit him to the house of cor- rection, to be kept to hard labour, or to the common gaol, for any time not exceeding three months, or until he shall have paid such penalty." The penalty for buying local militia arms, clothes, and accoutrements, or what are generally deemed regimental necessaries, is 3610 for each offence; and if he does not pay the fine, and has not sufficient goods, the justice may £ommit him to the common gaol for six months.” & * S 103. * S 104. • S 105. * S 106. • S 107. ... " 172 PUBLIC POLITY. BOOK W. § 2. sTATUTES, —52 GEO. III, c. 68. Courts- martial. The adjutant, quarter-master, serjeant-major, serjeant, corporal, drum-major, and drummer of the local militia retained on permanent pay at head-quarters, shall be at all times subject to the mutiny act, and to the articles of war, under the command of the colonel or other commandant of the regiment, battalion, or corps to which he belongs; and the colonel or other commandant may direct the hold- ing of courts-martial for their trial, and for the trial of any serjeant, corporal, drummer, or private man of such regiment, battalion, or corps, who shall have deserted while the said regiment, battalion, or corps was embodied, and shall not have been apprehended till after it shall have been disembodied, but so that no punishment shall extend to the loss of life or limb.” If a sufficient number of officers to form a court-martial cannot be found, it shall be lawful for the colonel or other commandant, and, in his absence, for the senior field officer of the regiment, battalion, or corps to which the person on whom such court-martial is to be held, shall belong, to order any officers of the local militia of the county, stewartry, or place to which such regiment, battalion, or corps shall belong, actually resident within the town where such serjeant-major, serjeant, corporal, drum-major, or drummer is to be tried, or within 15 miles thereof, to attend and assist as members of such court-martial, who shall thereupon attend at the time required, and assist ac- cordingly, but no officer shall be entitled to receive pay for any such attendance: Provided always, that no sen- tence of any court-martial, held as aforesaid on any ser- jeant-major, serjeant, corporal, drum-major, or drummer, or private man as aforesaid, shall be put in execution, un- til it shall have been confirmed by the colonel or other • $ 108. CH. W. OF THE LOCAL M1LITIA, 173 commandant, or by the field officer by whose order such $ 3. court-martial was assembled.” º: 111, c. 68. ANY serjeant, corporal, or drummer of the local militia, may, by sentence of a court-martial, be reduced to the condition of a private local militiaman, to serve as such during any time not exceeding 15 months, in case the regi- ment, battalion, or corps to which he belongs, shall not be then embodied or called out into actual service; and in case the regiment, battalion, or corps to which he belongs shall be then embodied, or called out into actual service, to serve as aforesaid, until the disembodying of the said re- giment, battalion, or corps, after which time, or at the end of the said 15 months, as the case may be, if not re- gularly re-appointed to the rank of a non-commissioned officer or drummer, he shall be discharged from the ser- vice: Provided always, that in case any serjeant, corporal, or drummer, serving on permanent pay, shall have been re- duced by sentence of a court-martial to serve as a private man, for any period not exceeding 15 months, such ser- jeant, corporal, or drummer shall not by such reduction be released from his engagement as a serjeant, corporal, or drummer, but shall, at the expiration of the period of such reduction, be again liable to serve as such until le- gally discharged ; nor shall any such serjeant, corporal, or drummer, during the period of such reduction, be at liberty to enlist or enter into his majesty's regular forces, navy, marines, or regular militia, unless with the consent of his commanding officer specified in writing.” It shall be lawful for any general court martial, assem-Courts; bled for the trial of -ie l, d we martial rial of any serjeant, corporal, drummer, or may sen- private man of the local militia, to sentence any suchtence tº º º & Sūl V 10C 111 serjeant, corporal, drummer, or private man to serve in the the local or regular militia ; * $ 109. * S 110. 174 public polity. Book v. $ 2. local militia, for any period not exceeding four years, over º: and above the period for which he may be alread y enrolled; ul, c. 68 or to sentence any such serjeant, corporal, drummer, or private fºam to serve for any period not exceeding three years, in the regular militia of the county, stewartry, and place; and such man shall thereupon be enrolled to serve for any such periods, and shall be, to all intents and purposes, considered a militiaman during, such period; and it shall also be lawful for any general or regimental court martial, by whom any such serjeant, corporal, drum- or to im- mer, or private man may have been sentenced to imprison- Prisºn- ment, to adjudge any such serjeant, corporal, drummer, ment or private man, to be imprisoned in any house of correc. tion, common gaol, or public prison of the county, stew- artry, and place, for any period not exceeding twelve months.” caciers to GAoleRS and keepers of prisons shall, if required so to receive do by any president of a general or regimental court º. martial, assembled for the trial of any serjeant, corporal, quired by drummer, or private man of the local militia, receive into president tº g t ... their custody, and confine for such time as they shall be martial respectively required so to do, any such serjeant, corporal, drummer, or private man who may have been sentenced to imprisomment by any such general or regimental court martial ; and every gablet and keeper of a prison who shall refuse to receive, and to confine, any such serjeant, corporal, drummer, or private man, shall forfeit for every such offence the sum of five pounds. Provided always, that during the continuance of any such imprisonment, Man's sub-the gaoler or keeper of such gaol shall receive the full sub- sistence, sistence of such serjeant, corporal, drummer, or private man, at the rate of sixpence per day for his maintenance, during the time that such serjeant, corporal, drummer, or private man, shall continue in custody : which sum of * S 111, C.H. V. of THE Local MILITIA, 175 sixpence per day shall be paid by the quarter-master of $2. the regiment, battalion, or corps to which any such". serjeant, corporal, drummer, or private man may belong, in c. 68. and shall be charged and allowed in his accounts. In all cases in which the commanding officer of any'.". regiment, battalion, corps, or detachment of local militiaº, impri- shall deem it necessary to confine any serjeant, corpora •º to drummer, or private man of the regiment under his com-court mar- mand, in order to his being brought to trial before a court" martial, it shall be lawful for such commanding officer, by warrant under his hand, to commit such serjeant, corporal, drummer, or private man, to the custody of the gaoler, or keeper of any prison, gaol, or house of correction, who shall receive into his custody, and confine such serjeant, corporal, drummer, or private man accordingly, such gaoler receiving the full pay of such serjeant, corporal, drummer, or private man, for his maintenance during the time he may continue in such confinement. Provided always, that no such serjeant, corporal, drummer, or pri- vate man, shall continue in confinement, in order to his trial by court martial, more than eight days, or until a court martial can conveniently be assembled." THE arms, accoutrements, clothing, and other stores, Arms, and belonging to every corps of militia, when not embodied,” shall be kept in such convenient place as the colonel or other commandant shall direct, with the approbation of the lieutenant of the county, stewartry, or place. The quarter-master to such regiment, battalion, or corps of local militia, shall have the charge and care thereof, under the superintendance of the colonel or other commandant; and the clerks of the general meetings of lieutenancy, at the desire of the colonel or other commandant, may draw upon the collector of the cess of each county; stewartry, • S 113, 176 PUBLIC POLITY, BOOK Vs § 2. 8TATUTES, —52 GEa. III, c. 68. Place, and place respectively, for any sum necessary for the pur- pose of providing a proper place for keeping them, not exceeding the proportion of £10 sterling for each 600 men in any one year. This sum shall be paid to the co- lonel or other commandant, requiring such clerk to draw for the same, and shall be applied by him in providing such depot, and shall be regularly accounted for by the production of receipts for the money expended in providing such depot, which receipts shall be delivered to the collec- tor of the cess, and shall be a discharge to him in his accounts, and shall be delivered by him as cash to the receiver-general of the cess or land tax in Scotland; and the general meeting of lieutenancy may order a fit place for keeping the arms, accoutrements, clothing, and stores of each regiment, battalion, or corps, to be provided or built, if no such fit, proper, and convenient place can be found. The hire or cost shall be certified by the general meeting of lieutenancy to the clerk or clerks of supply of the county or stewartry, counties or stewartries, wherein or for which such place of depot ought to have been provided ; and such clerk or clerks of supply shall thereupon summon a meeting of the commissioners of supply, to be held within twenty-one days after the receipt of such certificate, and the commissioners of supply shall at such meeting make an assessment for such expence, in the manner, and to be levied as is herein directed in the case of deficiencies in the quotas of local militia to be raised in any county or stew- artry. Provided always, that in all cases in which any such fit, proper, and convenient place shall be so ordered by the general meeting of lieutenancy to be provided or built, the sum herein-before directed to be allowed to the colonel, or other commandant of each regiment for pro- viding the same, shall be paid to such colonel, or other commandant, and shall be by him applied in diminution of the sum to be levied upon such county or Stewartry, CH. W. OF THE LOCAL MILITIA. 177 for the purpose of defraying the hire or cost of such $2. depot.a STATUTES, —52 GEOs III, c. 68. His majesty may order a proportion of serjeants, &c. mot exceeding one half, to remain on permanent pay.b The commandant may agree with non-commissioned officers, &c. to serve on reduced pay, who shall take the following oath : “ I, A. B. do engage to serve as a (serjeant, corporal, or drummer, as the case may be) in the local militia of until I shall be duly discharged, upon the terms of receiving during such periods as such local militia shall not be embodied or assembled for exercise.” THE quarter-master, serjeants, corporals, and drummers, Residence on permanent pay in every regiment, battalion, and corps º of local militia, shall constantly be resident within the city, town, or place, where the arms belonging to such re- giment, battalion, or corps are kept, or within one mile thereof, excepting when on furlough, or when ordered to be absent on military duty, under this act, or for the pur- pose of raising or enlisting men for the regular militia or his majesty's regular forces. This absence shall in no case be for more than three months in any one year, nor shall any greater number than one-fourth part of such serjeants, corporals, and drummers, be absent at any one time. They shall be under the command of the adjutant, who Under tº * * * tº tº whose com- shall be constantly resident within the said city, town, or . place, or within two miles thereof, and shall act in such they command under the orders of the colonel or other com- * S 11 1. *.S 1 15. ° S 116. V()I. Il I. MI 178 PUBLIC POLITY, BOOK We § 2. Statutes, him, c. 68. mandant of such regiment, battalion, or corps; and the adjutant, and, in his occasional and unavoidable ab- sence, the serjeant-major, or (where there is no serjeant- major) the senior serjeant, shall make monthly returns of the true state of the serjeants, corporals, and drummers of the regiment, battalion, or corps severally, to his ma- jesty's secretary of state, to the lieutenant of the county or stewartry, and to the colonel or other commandant of the said regiment, battalion, or corps, in default of which, on each such neglect, such adjutant or serjeant-major shall be subject to such punishment as a court-martial shall ad- judge; and that no serjeant, corporal, or drummer, shall be absent from such city, town, or place, without a regu- Jar furlough or licence in writing, signed by his colonel or other commandant; and every serjeant, corporal, and drum- mer, who shall absent himself without such furlough or licence, shall forfeit all pay during the time of such ab- sence, and be liable to be apprehended and punished as a deserter; and such adjutant shall never absent himself from such city, town, or place, without leave of the co- lonel or other commandant of such regiment, battalion, or corps, nor for more than three calendar months in one year, except in cases of sickness: Provided, nevertheless, that whenever such adjutant shall be absent with such leave as aforesaid, then such serjeants, corporals, and drummers, shall be under the command of the quarter- master, serjeant-major, or of some serjeant who shall be appointed by the said adjutant, with the approbation of the said colonel or other commandant, to act as serjeant- major during the absence of such adjutant, or of the se- nior serjeant, when the corps has not any adjutant or ser- jeant-major.” His majesty may at any time order and direct that the * $ 117. CH. We OF THE LOCAL MILITIA, 179 serjeants, corporals, and drummers, of the local militia re- $ 2. tained on permanent pay at head-quarters, as aforesaid,”. should be employed within their respective counties oriu, c. 68. stewartries, under the command of the adjutant, in raising volunteers for his majesty's regular forces, or for the mi- litia : Provided always, that no such serjeant, corporal, or drummer, who shall have consented to receive any reduced rate of pay during the period of the regiment to which he belongs not being embodied or assembled for exercise, shall be compellable to be employed on such service in any other town or place than that in which the arms belonging to such regiment are kept, without his consent specified in writing.” If any local militiaman shall not join the regiment, bat- talion, or corps, detachment, or division, to which he be- longs, at the time of annual exercise, or shall desert during the time of annual exercise, and shall not be apprehended before the expiration of the time appointed for such exer- cise, and if the commanding officer, or the adjutant of such corps, or the commanding officer of the company, detach- ment, or division, to which such offender belongs, shall re- ceive information of the place where he shall be, he may, by writing under his hand, describe the person of such offender, and also certify that he did not join the regiment, or division, at the time of annual exercise, or that he de- serted during the time of annual exercise (as the case may be), and send the same by a serjeant, corporal, or drummer, to the adjutant or serjeant-major, or to the senior serjeant, when there is no adjutant or serjeant-major of the corps, of the county or place wherein such offender is supposed to be ; and he shall forthwith direct a party of the serjeants, corporals, or drummers of the regiment, battalion, or corps to which he belongs, to assist in appre- hending such offender. * S I 18. M 2 180 PUBLIC POLITY. BOOK. V. § 2. WIEN found, he is to be conveyed before some justice & T * º "... of the peace of the county or place, wherein such offender m, c. 68 shall be apprehended. Justice of Peace. IF by his confession, or the testimony of any witness or o..." witnesses upon oath, or the knowledge of such justice, he Il eSS, shall appear guilty of such offence, such adjutant shall order a party of the serjeants, corporals, or drummers un- der his command, to convey such offender to the head- quarters of the corps of local militia of the next county, stewartry, or place in the way to the county, stewartry, or place, to which such offender belongs, and deliver him in- to the custody of the adjutant or serjeant-major of such regiment, battalion, or corps, or senior Serjeant as afore- said, who shall cause him to be conveyed in like manner to the adjutant or serjeant-major of the regiment, battalion, or corps, or senior serjeant of the corps of the next county, stewartry, or place, and so in like manner until such offen- der shall be delivered into the custody of the adjutant or serjeant-major of the regiment, battalion, or corps, or senior serjeant as aforesaid, of the corps to which he belongs. Conſession. HE shall then be taken before a justice of the peace, to be dealt with as this act directs, in cases of local militiamen deserting or absenting themselves from their duty, when not embodied or called out into actual service. FROM the time of his being so apprehended as aforesaid, until he is brought before such justice of the peace as aforesaid, such offender shall be subsisted at the rate of sixpence per day, to be paid by the collector of the county, riding, or place to which such regiment, battalion, or corps belongs, for which subsistence such justice is hereby re- quired to make such order upon such collector, which, with the receipt taken upon payment, shall be received as cash by the receiver-general of Scotland from such collector. CH. W. OF THE LOCAL, MILITIA. 181 If any serjeant, corporal, or drummer, retained upon $ 2. permanent pay, shall desert from the regiment, battalion,”. or corps to which he belongs, it shall be lawful for any iii, c. 68. headborough, constable, or other officer of the town or Method of place where any person who may be reasonably suspected º: to be such deserter shall be found, to cause such person to sons are & g found sus- be apprehended and taken before any justice of the peace pected to be living in or near to such town or place, who is hereby em-. powered to examine such suspected person; and if by hisomeºs or confession, or the testimony of any witness or witnesses.” upon oath, or by the knowledge of such justice, it shall deserted. appear or be found that such suspected person is such de- serter, such justice shall forthwith cause him to be convey- ed to the common gaol of the county, stewartry, or place where he shall be found, or the house of correction, or other public prison in the town or place in or near to which such deserter shall be apprehended, there to re- main until he shall be demanded by some person or per- sons authorised to receive him ; and shall transmit an ac- count thereof to the clerk of the general meetings of the county, stewartry, or place, to which such deserter be- longs; and the keeper of such gaol, house of correction, Gaolers to or prison, shall receive the full subsistence of such deserter, receive the * * & tº Subsistence at the rate above specified, for his maintenance during the j time he shall continue in his custody, but shall not be en-ji. ‘. titled to any fee or reward on account of his imprison- nº fee. ment. Such clerk of the general meetings receiving such ac- count, shall immediately transmit a copy thereof to the colonel or commanding officer of the regiment, battalion, or corps, of his county, stewartry, or place ; and also to the adjutant or other officer commanding the serjeants, corporals, and drummers of such regiment, battalion, or corps, retained on permanent pay at the head-quarters. Where there are more than one regiment, battalion, or corps in any county, stewartry, or place, such clerk shall M 3 182 PUBLIC polity. DOOK W. § 2. st ATUTFs, —52 Gro. 111, c. 68. scnd such copy to each of the colonels, or other command- ants, or commanding officers, of such regiments, battalions, and corps, and also to cach of the adjutants or officers com- manding serjeants, corporals, and drummers, retained on permanent pay, at their respective head-quarters, within his county, stewartry, or place; and the colonel, or command- ing officer of the regiment, battalion, or corps, to which such deserter shall be found to belong, or the adjutant or officer commanding such serjeants, corporals, and drum- mers, of such regiment, battalion, or corps, shall imme- diately send any scrjeant, corporal, or drummer, or any party of the serjeants, corporals, or drummers of his regi- ment, battalion, or corps, to the place where such deserter shall be so confined, and shall also send by such serjeant, corporal, or drummer, or the serjeant commanding such party of serjeants, corporals, or drummers, an order, un- der his hand, to the keeper of the said gaol, house of cor- roction, or prison, requiring him to deliver such deserter to the person or persons therein named, which he is here- by required to do; and the serjeant, corporal, or drum- mer to whom such deserter shall be so ordered to be de- livered, in case one only shall be sent on such duty, shall apply to the adjutant or serjeant-major of the regiment, battalion, or corps, or to the senior serjeant of the corps of the county, stewartry, or place where such deserter shall be so confined as aforesaid, and such adjutant, serjeant- major, or serjeant, shall order a sufficient party of the Serjeants, corporals, or drummers under his command, to assist in conveying such deserter, and he shall be conveyed to the adjutant or serjeant-major of the regiment, battalion, or corps, or senior serjeant of the corps to which he be- longs, in the same manner as before directed, with respect to the conveying of private local militiamen. The adju- tant, or serjeant-major, or serjeant, shall take such deserter before a justice of the peace of the county, stewartry, or place to which he belongs, who shall forthwith cause him {2}. W. OF THE LOCAL MILITIA. 183 to be conveyed to the common gaol, house of correction, s 2. or other public prison of such county, stewartry, or place,”. where he shall remain in said prison without bail, until am, c. 68. court-martial can be held, when he shall be delivered to the person or persons named in any order to be issued for that purpose, under the hand of the officer by whose authority such court-martial shall be summoned, requiring the delivery of such deserter. All gaolers and keepers ofgaolers to prisons shall (if required so to do by any serjeant, corpo-. * ral, or drummer, employed in conveying any such localserters on militiaman or serjeant, corporal, or drummer, so offending, * of to the regiment, battalion, or corps to which he belongs) receive into their custody, and confine such offender for such time as they shall be respectively so required as afore- said, not exceeding forty-eight hours; and every such gaoler, or keeper of any prison, who shall refuse so to do, shall forfeit the sum of 40s. ; and all such serjeants, cor-serjeants, porals, and drummers, while they are employed in execut-º. tº © ying de- ing such duty as aforesaid, and all other serjeants, corpo-serters, or rals, and drummers of the local militia, while on any. march, or employed on any duty upon which they may bºiletted. be commanded by any legal authority, shall be billetted in like manner as serjeants, corporals, or drummers belonging to his majesty's other forces, employed in apprehending and conveying deserters, are to be billetted." THE justice of the peace before whom any deserter shall Personsap. be brought, shall, upon proof of the conviction of any such Pºehending º tº e deserters to deserter, either before a justice of the peace, or by sentence to be paid of a court-martial, issue his warrant to the quarter-master* #. f º º t º º Warrant O of the regiment, battalion, or corps to which such deserter the justice shall belong, or to the commanding officer, requiring such'. s 2 whom con- guarter-master, or such commanding officer to pay, out of victed. the contingent fund of such regiment, battalion, or corps, * S 119. 184 PUBLIC POLITY, rook v. § 2. the sum of 20s, to the person who shall have apprehended S ES5 * "...". such deserter; and such quarter-master or commanding * c. 68 officer is hereby authorised and required to pay the same accordingly on demand." P . If any person shall harbour, conceal, or assist any de- concealing & g ſº or assisting serter, knowing him to be such, the person so, offending ... shall forfeit, for every such offence, the sum of £5," forfeit #5. ºnbody. His majesty may order the local militia to be embodied ing. ſe tº e 8 in cases of invasion, &c. and put under the command of general officers, and led by their respective officers into any part of Great Britain; and while so embodied, shall be subject to the mutiny act and articles of war.” Within NEITHER the whole nor any part of the local militia di- 3. * rected by this act to be raised and maintained, shall on any account be carried or ordered to go out of Great Bri- tain.” WHEN his majesty shall so order the local militia to be embodied, he shall issue a proclamation for the meeting of parliament in 14 days.” WHEN the local militia is ordered to be drawn out, the county lieutenants shall issue orders accordingly, and the constables shall cause notice to be given to the men to attend." Courts Martial. Local militia officers do not sit on trials of officers or soldiers of the other forces, nor contrariwise. But any officer of the regular militia may sit in a court-martial up- a $120. * S 123. * $121. • $ 124. * $ 122. * $125. CH. V. OF THE LOCAL MILITIA. 185 on the trial of any officer or soldier serving in the local $ : e - © tº STATUTE8 militia.” 152 gº. III, c. 68. IF local militiamen shall not march in pursuance of or- der, they shall be deemed deserters, and persons har- bouring them shall forfeit 49.100." The local militia, when ordered to be drawn out, ischelsea. entitled to the same pay as the regular militia; and non- commissioned officers and men maimed or wounded, are titled to the benefit of Chelsea hospital.” The pay of the officers and men who shall not join on the day appointed, unless prevented by necessity, shall commence only from the day of joining." THE pay of men enrolled after the local militia is em- bodied, commences from the day of joining, but an allow- ance may be made them at time of enrolment to enable them to march, to be paid by the collector of the county, &c.” WHEN the local militia is ordered out, the collector shall Pay when pay to the captain of every company one guinea for the drawn". use of each man, and also for each recruit, as early as may be after he has joined, to be laid out for his advantage.” Captains account with the men for the same.* WHEN a regiment is out of its county, a list of men whose time shall be within four months of expiring, and who shall be willing to continue in the service, and for what price, shall at certain periods be transmitted by the * S 126. * S 130. * S 127. * S 131. • S 128. # Ibid. * S I29. 186 PUBLIC POLITY, BOOK W. § 2. STATUTEs, —52 GEO. III, c. 68. commanding officer to the clerk of the general meetings.” Signing the list” shall be binding.” A WHEN a regiment of local militia is assembled for train- ing, the commanding officer shall make out a list of men who are willing to continue their services." THE clerk of the general meetings shall transmit to the clerk of the subdivisions, extracts of the returns, and the deputy-lieutenants may cause the men willing to continue to be enrolled as volunteers, and require the parish offi- cers to remit their bounties to the paymaster.” ANY person whose term of service shall be prolonged beyond the term of four years, shall be entitled to the same allowance for necessaries, and all other allowances which are by this act directed to be allowed, during the first year of their service, to persons enrolled in the local militia.” t If any person sworn and enrolled in the said local mi- litia (not labouring under any infirmity, incapacitating him to serve as a local militiaman), shall not with due di- a $132. * Schedule (F.) Dated the Day of te Sum for º Name Names Time of ser- e Signature of the of the rº, *: vice expires .#; of Con- County. Men. Oſl to Serve. * I sent. 2%d A. B. P. A. B. C. D. 2. C. D. • $132, 3 S 133. 5 § 134, ! $135, £H. V. OF THE LOCAL MIL1T1A. 187 ligence join, or if any person serving in any embodied, .#. local militia, or any serjeant, corporal, or drummer, shall—52 gº. desert or absent himself from his duty, he may, by a ge.” “ 68. neral court-martial, be adjudged to further service in the Court- local or regular militia, for some period to be limited, or martial. to service in his majesty's other forces, without limitation as to the period or place of such service, according as the court-martial before whom he shall be tried shall think fit to direct. IN case the said court shall adjudge such local militia- man to serve in his majesty's other forces, and such sen- tence shall be approved by his majesty, it shall be lawful, by order under the hand of the secretary at war, or his deputy, to cause such man, if found fit for general ser- vice, on examination by a surgeon of his majesty's other forces, to be entered as a private soldier, to serve in such regiment or corps of his majesty's other forces as shall be directed in such order, and to be forthwith conveyed ei- ther to the head-quarters of the regiment or corps in which he shall be so entered, or to such other place as shall be directed in such order; and shall, from the time of his being delivered over to be so conveyed as aforesaid, be subject and liable to all the like penalties and punish- ments contained in any act then in force for punishing mutiny and desertion, as if he had been originally enlist- ed for general service, or for the regiment or corps in which he shall be so ordered to be entered, as aforesaid.” If his majesty shall order the local militia, or a propor- tion thereof, to be embodied, the county-lieutenant, or, in his absence, any three deputy lieutenants, shall issue an order to the clerks of the subdivisions, to make out lists of all persons enrolled in each by a certain day, and a du- * S 136. I88 PUBLIC polity. BCOIK V, § 2. statuTES, —52 GEo. HI, c. 68. plicate copy shall be made for the use of the deputy-lieu- tenants, and another transmitted to the clerk of the gene- ral meetings;" and also issue orders for assembling the men within their respective subdivisions, and in such proportions as shall appear most expedient; and the con- stables shall cause a written notice to be given the men to attend; and notices of the time and place to be adver- tised, and affixed upon the church doors.” |MEN not appearing, or not abiding the orders of the deputy-lieutenants, are to be deemed deserters, and if not taken before the ballot is completed, shall forfeit #10, and be liable to be embodied." THE county-lieutenants, or deputy-lieutenants, or any three or more of them, appoint the first subdivision meet- ing for balloting, and the time and place for assembling the men chosen, of which the respective deputy-lieutenants shall give notice, and shall cause a proportion of the men to be ballotted for, and their names marked on the list which is to be called over ; and the names of the persons chosen shall be returned to the county-lieutenant, &c. and the time and place of their being to he embodied declared, and the men not chosen shall be discharged from further attendance.” THE deputy-lieutenants in their subdivision meetings may correct classes.” WHENEven his majesty shall order only a part of any militia to be embodied, the deputy-lieutenants shall exa- mine the classes, and if the number required shall equal the first, or first and second, or succeeding classes, in their order, the men contained therein shall be chosen *S 137. " $138. 8 139. , s 140. - $141. CH. W. OF THE LOCAL MII,17'IA. 189 without ballot; but if less than the first class, the number § 2. shall be ballotted for out of such class only, and if more”. than that and any succeeding class in order, such classes ill, c. 68. shall be first chosen, and the remainder ballotted for ont of the next class to the last wholly taken ; and in like manner, any further proportion shall be supplied as well as vacancies.” If any person enrolled in any subdivision of a county, the local militia whereof shall be ordered to be embodied, shall desert or be absent, and shall not be taken within three months, the vacancy shall be filled up by a fresh ballot.” ANY person enrolled and not chosen, not having a child under 14, may be accepted as a volunteer.” MEN attending at the ballot, and not being chosen, shall be paid by the clerk 1s. per diem while from home, which the receiver-general of the county shall reimburse." CLERKs may draw upon the collector, by order of the deputy-lieutenants, &c. for money to pay allowances.” CLERKs, when required, make out accounts of monies received and paid, to be examined and allowed." His majesty may order the remainder of the local mi- litia to be embodied.& WHEN his majesty shall order any further proportion of the local militia to be embodied, the county lieutenant and other officers shall pursue the rules prescribed for em- bodying the first proportion.” * S 142. * S 143. • S 144. d $145. • S 146. f § 147. s S 148. * $149. {90 fºubilic polity. ' Book v. § 2. STATUTES, –52 GEO. III, c. 68. Inerease of militia. WHILE any part of the local militia shall continue em- bodied, his majesty may order any, not embodied, to be drawn out to be mustered, trained, and exercised.” WHEN the whole local militia of any county or place is ordered to be embodied, all the officers, non-commissioned officers, and drummers, shall join; and when a part, such a proportion of them as shall be directed by his majesty, who shall regulate the numbers and duties of those re- maining in the county, &c. for mustering, &c. the remain- der of the privates." His majesty may disembody the local militia, and em- body them, as to him shall seem necessary, according to the provisions of this act." Local militia, when disembodied, are subject to the same orders only as before being drawn out." In case of invasion or rebellion, his majesty may, by proclamation, increase the local militia, not exceeding six times the quota of the regular militia, and the county lieutenants and deputies shall apportion the number, and proceed to raise and enrol the men, at such time as shall be specified in the proclamation.* Witen such additional number of local militia is raised, his majesty shall issue a proclamation for the meeting of parliament within 14 days." His majesty, by proclamation, may reduce and disem- body such additional number of local militia, and the pri- vates so disembodied, or those enrolled and not embodied, shall remain liable to serve for the periods for which cri- 50. * $ 151. • S 152. a $153. ° S 151, f $155, CH. W. OF THE LOCAL MILITIA, * 191 rolled, and shall supply vacancies; and no ballot shall sg. take place while such vacancies can be supplied from them,”. but they shall not be liable to supply vacancies for anym. . . other place than that for which originally enrolled.” Counties, and places or parishes, are subject to a fine of £15 for each man deficient at a certain period;" but shall be entitled to a return of part for every man enrolled within certain periods.” Constables make returns, and ascertain deficiencies to be supplied, under the penalty of £5 for neglect." CoMMANDANTs of regiments shall transmit to the clerk of supply, certificates of the number of deficiencies." CoMMIssionERs of supply, upon receipt of certificate, shall make assessment.* Such assessments upon counties are to be made on each parish, proportionally to the number of men it is required to raise.8 When the deficiency shall arise in any particular parish or parishes, the assessment shall be made thereon." CoMMISSIONERs of supply transmit the amount of the sums assessed to the subdivision clerk, who shall give no- tice to the collector.", * S 156. f S 161. * S 157. s $162. • S 158. * $163. d S 159. * $164, • S 160. 192. PUBLIC PGI,1ty. RO6) ſº V' § 2. STATUTE85 –52 GEO. III, c. 68. CoLLECTORs may deduct for men raised within certain periods." CoLLEctors on receiving such money shall remit the same to the agent-general, who shall pay thereout boun- ties to volunteers.” WHEN the assessment upon any place is paid to the agent-general, it shall be indemnified for not raising its quota." CLERKs of subdivision may detain 1d. per pound of the money they receive, and shall make a like allowance to high constables, &c. out of such sums as they shall be concerned in collecting." CLERKs of supply transmit annually copies of certificates received from the county lieutenants, and where not deli- vered, to certify such omission to the secretary at war, and to certify omissions of commissioners.” If £15 per man be not raised in any place, and paid to the agent-general, the solicitor for taxes in Scotland to compel its being done." Penalty for IF any clerk of supply shall refuse or wilfully neglect neglect of duty in to receive, deliver, preserve, make, record, or transmit clerks of any such certificates as aforesaid, or any account of as- supply, &c. sessments hereby directed to be transmitted to the re- ceiver-general of Scotland, according to the directions and true meaning of this act, every such clerk of supply so * $165. a Ś 168. * S 166. • S 169. • $167. f $ 170. C.H. V. OB THE LOGAL MILITIA, 193 offending shall, for every such offence, forfeit and pay the 8TA #. sum of £100, and shall also forfeit his office, and be ren-º. dered incapable of having, receiving, or holding any of * * * fice of trust, civil or military, under the crown; and if any clerk of subdivision, collector, or other officer, who ought to act and assist in the raising and collecting of the said money, shall wilfully omit or neglect, or refuse to act or assist therein, according to the direction and true meaning of this act, every such clerk of subdivision so offending shall, for every such offence, forfeit and pay the sum of £200; and every such collector or other offi- cer so offending, shall, for every such offence, forfeit and pay the SUIII] of £50; and the solicitor for taxes ; to in Scotland is required, when directed so to do by the prosecute secretary at war as aforesaid, with all due diligence, tº: to prosecute with effect all commissioners of supply, for neglect, clerks of subdivision, and other officers, who shall omit,... ." meglect, or refuse to perform the duty required of them respectively by this act, touching the raising, collecting, and paying of the said money; and in case the solicitor for taxes in Scotland shall wilfully omit, or delay to pro- ceed against any such commissioners of supply, clerks of subdivision, or other officers aforesaid, he shall, for every such offence, forfeit and pay the sum of £500* EveRY clerk of subdivision meeting shall, if required so subdivision to do by the deputy-lieutenants assembled at any general. º or subdivision meeting, give security by bond to his ma-tº" jesty, with two sufficient sureties, in such sums as the” deputy-lieutenants shall fix, for duly accounting for and remitting all monies paid into his hands under the provi. sions of this act.” * S 171. * S 172. WQI, It), § 194, PUBLIC POLITY. 13ſ)OR. W. § 2. EveRy clerk of subdivision meetings shall keep an ac- *... count, in the form to this act annexed, marked (I)”, or III, c. 68, in such other form as may, from time to time, be directed Account to for that purpose by the secretary at war, of all fines, pe- º:'..." nalties, and forfeitures from time to time received by him, subdivision and also of all sums allowed to any individuals, counties, ** stewartries, or parishes, by reason of any fines or penal- ties, or parts of any fines or penalties, being remitted under the provisions of this act; and the deputy-lieute- nants or justices attending at the time of any such fine, penalty, or forfeiture, being imposed or remitted, or any two of them, shall, and they are hereby required, to cer- tify the same to be correct, and the clerk of subdivision meetings shall verify the same upon oath, which oath any one deputy-lieutenant or justice of the peace is authorised to administer, and shall transmit to the secretary at war a Schedule (I.) Account of Penalties imposed and remitted by the Lieutenancy. rt: tº @ $-4 q) 0 , 5 2- Cº º #3 * #| 4 | | #3 |** = | #. C C O g P-, tº ă % §: § §2. § 3 - | #4, # : 5 É. 5 # | * : 5. #3; a F3 | * g a $ ro tº 5 C “- 3 <- © Q || Cº- 92 ºf 3 g #| | | | #3 || 3:3# ºš ###| || a § .." cº * = | * | *:::::: * : * * bp º żºłł ### 5 emarks, Q) q) Tº: O * "…; O •.5 ". O e -: ad 3 th # | 5 | # 3 g 5 | # 3 g 33 | ## 5 # ; ; ; ; ; S j 3,5 : 5 § 3 ; E 3 § 3 ; E a j .32 Q9 ſº Z | \, d. 5 ºf p. p. 5 ºf $ p. p. 5 F | 2 & 3 2. Deficiency in the subdivision of in the county of as per return herewith annexed, signed by the commandant, dated the being Imen, at per man paid to the clerk of subdi- vision meetings for on the We do certify, the above account is truly and justly stated, to the best of our knowledge and belief. Deputy Lieutenant. yºgaswºmmºn Magistrate, CH, V, OF THE LOCAL MILITIA, 195 such account, made up to the 24th day of December in, i.8 each year, or to such other period as the secretary at war-52 ago. shall direct.” 111, c. 68- Every clerk of subdivision meetings shall, within seven days after the 24th day of March, June, September, and December, respectively in each year, or oftener if required, transmit an account to the secretary at war for the time being, of all sums received by him, and paid to the col- lector of the cess, verified upon oath before one deputy- lieutenant or justice of the peace, which oath any such deputy-lieutenant or justice of the peace is hereby autho- rised to administer, and make in the form in the schedule to this act annexed, marked (K)”, or such other form as a $173. b Schedule (K.) Quarterly Account of the Clerk of Subdivision Meetings. rº; !-4 q) º y 35 ; ; ; ; b : ; ; ; ; C @ § 5 g; 3 #3 |### 3 .# # gy º c - ºf .sº § 3 ; #. ####|32 || 3 ||#3 * : : ; 3:4:: * #######, #3, #: ‘5 § 5 || 3 #5 & 3 * 5 - "|- 8 c ... "… º ż … 5 QL) 3 o : o : 3 bºſs 2 s = #|; ; R. P. -5 º *|-, 2, § 2 *.5 |>. 2 ſº 5 § 5 : - S. B | 3 ||3: ‘R = #3:5|: £ 3 ||36. B. 3 o ºn- a lº ſº. 3 a g|3% . §§ 3 - 3|É is © 3 8 : 2. ; : 3 E3 # 5 §§ £ 3 5 * @ 3 SELLING, though making no alteration on the powers and duties of 48 gro. justices of peace. III, c. 148. T He first of these, 48 Geo.III, c. 148, in lieu of the stamp duties on licences granted by justices of the peace for sel- ling ale, beer, and other exciseable liquors, by retail, grant- * 23 Geo. III, cap. 70 S 31; 24 35; 28 Geo. III, cap. 37, § 27. ' Geo. III, sess. 2, cap. 47, § 35; • 23 Geo. l II, cap. 70, § 33; 24 28 Geo. III, cap. 37, § 26. Geo. III, sess. 2, cap. 47, S 35; * 23 Geo. III, cap. 70, § 32; 28 Geo. III, cap. 37, § 28. 34 Geo. III, sess, 2, cap. 47, Š S80 PUBLIC POLITY, Bſ)O1. W. s 11. ed other duties, to be placed under the management of the Liquons excise. SELLING, –48 GEO. * c 148. By this statute it is enacted, that from and after the :a 10th October, every person who shall sell beer or ale by on such li-retail, or cyder or perry, to be drank or consumed in his, * her, or their house or premises, shall take out an excise licence. By whom . In case any such licence shall be taken out within * the limits of the city of Edinburgh, the same shall be granted under the hands and seals of the commissioners of excise in Scotland for the time being; out of, the said limits of the city of Edinburgh, the same shall be granted under the respective hands and seals of the several col- lectors and supervisors of excise in Scotland, within their respective collections and districts." Granting of For licences which shall be taken out within the limits :* of the city of Edinburgh, the duty shall be paid to the chief office of excise in Edinburgh; and for licences not within the said respective limits, the same shall be paid to the respective collectors of excise granting such respect- ive licences.” * IF the licence to any person to keep a common inn, &c. shall be issued at any time of the year except in the month of September, and expire at any time in the year except September, then the excise licence for the sale of beer, &c. shall be taken out within ten days next after the date of the said licence or authority to keep a common inn, &c. and shall continue in force for twelve calendar months.” When li- FARTHER, no person shall sell any beer or ale by re. cences to bet il d *** sº in his * * .." tall, or any cyder or perry, to be drank in his house or * $2. * S 3, • S 4, CIH. XVI. OF THE EYCISE LAWS. 381 premises, after the expiration of such licence, unless such ºº person shall take out a fresh licence for the said purposes, sºng, in the manner herein before directed, within ten days º º after the expiration of such former licence, and so in like" manner renew every such licence from year to year, or otherwise shall sell any beer or ale, he shall for every such offence forfeit the penalty mentioned in the statute.” But upon the death of any person so licenced, or upon Executors his removal from the entered house or premises, it shall be º lawful for the commissioners of excise, or any one or moreº of them, and for the several collectors and supervisors of º licen. excise within their respective collections and districts, to empower the executors or administrators, or the wife or child of such deceased person, or the assignee of any such persons so removing, in like manner, in the same house, to sell beer, &c. during the residue of the term for which such licence was originally granted, without taking out a new excise licence.” AND persons trading in partnership, and in one house * º: * e W1 LI]] In e or premises only, shall not be obliged to take out more year. than one excise licence in any one year." No one licence which shall be granted in virtue of this act shall authorize or empower any person to sell beer, &c. in any other house or premises than that in which he shall sell beer or ale, or cyder or perry, at the time of granting such licence.” But no excise licence is to be granted to any person who Excise li- g g * Cences not shall not produce a certificate, in due form of law, by ai. justice of the peace or magistrate, or other competent per-sº º § º º º t persons to son, testifying that such person is duly authorized to keep whom ma- gistrates have grant- • S 5. * $6. • S 6. * Ibid. ed licences. 382 PUBLIC POLITY. BOOK V. § 11, a common ale-house, or victualling-house;" and every such LIQUORS j certificate shall be in the form following, viz. —48 GEo. III, c. 148. County of } 66 & 4 &G 66 66 46 46 64 46 & 4 46 & 4 &G 66 Ç6 & 4 46 46 4C & 4 G& 66 & 6 & 6 & 6 6 G GG &G 66 6 4 “At a general meeting for “ the holden at within the said on the day of for the purpose of authorizing and empowering persons to keep common inns, ale-houses, or victualling-houses, we whose hands and seals are hereunto set, do hereby authorize and empower, at the sign of in the . of in the aforesaid, to keep a common inn, ale-house, or victualling-house, and to utter and sell in the house in which he now dwelleth, and in the premises thereunto belonging, and not elsewhere, victuals, and all such exciseable liquors as he shall be licenced and empowered to sell under the authority and permission of any excise licence which shall be duly granted by the commissioners of excise, or persons to be appointed or employed by them for that purpose, or by any collector and su- pervisor of excise respectively, provided that the true assize in bread, in beer, ale, cyder, and all other liquors, be duly kept, and that no unlawful game or games, or any other dis- order, be suffered in his house, yard, garden, or premises, but that good order and rule be maintained and kept therein, according to the laws of this realm in that behalf made. The authority and power hereby granted to con- tinue in force for one whole year from the day of and no longer. Given under our hands and seals, the day and year first above written.” -> • $ 7. CH. XVI. OF THE EXC1SE LAWS, * 383 It is provided, that nothing in this act shall diminish Śll. º LIQUORS or alter any fees heretofore lawfully taken and received by..., any clerks of any justices or magistrates; but it shall be-48 º lawful to continue to take such fees, for the granting li-. 148. º 3. 'o. 8 * clerks to cences to keep any common inn, ale-house, or victualling-justices to house, as have heretofore been taken by such clerks in that..., behalf, and no other or different fees.” as hereto- fore. AND no person, who shall be disabled by any convic-No person tion from keeping a common inn, ale-house, or victualling-... house, shall sell any beer or ale by retail, or cyder or perry, ing such to be drank or consumed in his house or premises, or anv"º.” g gº tº º e p SeS, e Y conviction, wine or spirits, or any exciseable liquors under any excise shall sell li btained for th º d m ... exciseable 1cence obtained for these purposes; and every suc excise liquors. licence shall from the time of such conviction be null and void to all intents and purposes; and in all cases of prosecu- tion of any such persons, whose excise licences shall have become null and void by such conviction, a certificate from the clerk of the peace, or persons acting as such, of any such conviction, shall be legal evidence; which certificate such clerk of the peace, or other person, is hereby requir ed to grant on demand, without fee or reward.” ALL fines, penalties, and forfeitures imposed by this Recovery act, shall be sued for, levied, or mitigated, by the same of penalties. methods with any other forfeiture under the laws of ex- cise, or by action of debt, bill, plaint, or information, in the court of exchequer in Scotland; and one moiety of every such shall be to his majesty, and the other to him who shall sue for the same." AND all the powers, directions, rules, penalties, forfeit-Powers of ures, clauses, matters, and things, which by an act made.” in the twelfth year of the reign of king Charles II, in-to this, tituled, “An act for taking away the court of wards and “liveries and tenures in capite, and by knight's service * S 10. ° S 11, • S 12. $84. PUBLIC POL1'TY. t I}OOK W. § 11. “ and purveyance, and for settling a revenue upon his ... “ majesty in lieu thereof,” or by any other law now in –48 gº, force, relating to his majesty's revenue of excise, are pro- "** vided and established for collecting or ascertaining the du- ties thereby granted, (other than in such cases for which other penalties or provisions are made and prescribed by this act), shall be put in execution for the collecting, mi- tigating, recovering, and paying the duties by this act im- posed, and for preventing, detecting, and punishing frauds relating thereto, as fully as if they were particularly re- peated and re-enacted in this present act." Application Lastly, it is enacted, that all the monies arising by the of duties duties by this act imposed (the necessary charges of rais- ing and accounting for the same excepted), shall from time to time be paid into the receipt of his majesty's exchequer at Westminster, and the money so paid into the said re- ceipt of exchequer as aforesaid, shall be carried to, and made part of the consolidated fund of Great Britain. BEForte quitting this subject, it may be proper to re- mark, that the power of licencing ale-houses is better un- derstood, and more fully acted upon in England, than in this country. In London, the justices only licence a certain number of houses, to such an extent as they deem necessary for the convenience of the public ; and refuse all others, though of good character. There have been instances in England of actions against justices, for refusing or taking away licences; and if done from a corrupt motive (of which there have been instances), the justices are sub- jected in damages, and their proceedings quashed; but if they act with due discretion, their powers and their act- ings are sustained. * $ 13, &H. XVI, OF THE EXCISE LAWS. 385 IN this country the justices often refuse licences, if the parties be of bad character, and a caveat lodged against them. They also, in some cases, refuse to grant a licence, where the house is situated so as to give an undue incite- ment to dissipation, such as near a barracks or manufac- tory, where the parties stated the injurious tendency of such an ale-house. c. 172. The other enactment is the 54 Geo. III, cap. 172. This act proceeds upon the preamble, that the extraction, distillation, and manufacture of spirits, should be con- ducted in England and Scotland, as nearly as may be, un- der the same rules, regulations, restrictions, and provi- sions. It therefore repeals former duties, and enacts, that from the 1st of October 1814, there shall be levied the duties therein mentioned, at so much per gallon, to be paid by the respective makers or distillers of the wort, wash, or spirits respectively, and by the importer, in the case of spirits being brought from Ireland. The distiller or maker also must pay a duty of £10 sterling, and every rectifier pay £5.” Highland e. distill Distillers are not subject to the penalty of £200, Still GTS a imposed by 51 Geo. III, cap. 59, for using stills of less capacity than 3000 gallons;” but the same penalty is im- posed on persons in the Highland district using stills of a Lowland less capacity than 500 gallons, and on persons in other parts of Scotland using stills of less capacity than 2000 gallons.” THE duties are to be levied, collected, and recovered, in the same manner as in England, under the exceptions mentiomed in the statute, particularly that the statute does not extend to Scotland, the regulations for the taking ac- a § 2. * § 6, C S 7, WOL. III, p b 386 PUBLl C POLITY BOOKW § 11. Y.IQUOR8 SELLING, -54 Gro. III, c. 172. count of the stocks of distillers, rectifiers, or compounders of spirits in that part of Great Britain called England, or for allowing such rectifiers or compounders any increase by water, sugar, or fruit." Distillers for every 100 gallons of wash from corn or British materials found in their custody between the 10th of November of any one year, and November 10th ſol- lowing, shall produce 18 gallons spirits of one to ten; when prepared from molasses or sugar, 21 gallons; and when prepared from other foreign materials, 19 gallons, Where the produce shall fall short of these propor- tions, duties shall be paid as specified in the act.” The officer is to take an account of the stock of the distiller every 30 days, or oftener, if necessary; and if an excess beyond his credit is found, it shall be forfeited, and the distiller shall forfeit £50.* No spirits are to be sent out, or re- ceived into stock without permit, on pain of forfeiture, and penalty of £100." On exportation of Irish spirits into Scotland, and from thence into England, a drawback of 11; d. per gallon." The powers given by 12 Car. II, cap. 24, are extended to this act,' for levying, mitigating, &c.; and all fines, penalties, forfeitures, by this act extend- ed to Scotland, shall be sued for, mitigated, and recovered by such means as any fine, penalty, or forfeiture may, by the laws of the excise, or in the court of exchequer in Scotland, and shall be distributed in such manner as if it had been incurred in England.” e * $ 8. e S 9. * $ 10. • S II. * $ 12. s $ 13. * Ibid. END OF THE THIRD WOLUME, INDEX OF CASES. A A. v. B. App. iii, 146. A. B. v. magistrates of Dun- dee, App. iii, 92. Abercromby v. Brodie, ii, 286. — v. Erskine, ii, 458. — v Leslie, iii, 17. Aberdeen, town of, v. heritors of fishings of Don, ii, 588. — college of, v. Allan, ii, 465. Aberlemno, kirk-session of, v. kirk-session of Rescobie, ii, 70. Aboyne, Earl of, v. Innes, App. iii, 143. Adam v. Lowther, ii, 256. Adamson v. Ogilvy, i, 232. — v. Paton, ii, 36, Admiral, Judge, v. Reid, i, 3. Advocate, Lord, v. Colquhoun, &c. i., 98. — Lord, v. Ritchie, i, 177. — Lord, v, Taylor, ii, 182, and App. iii, 51. Agnews v. Agnew, App. iii, 29. Aikman v. Craigdallie, ii, 337, and App. iii, 96. — v. Davidson, ib. Aitchison v. Cowans, i, 436. — v. magistrates of Hadding- ton, iii, 50. - Aitkin v. MºRae, ii, 239. Alexander v. Sempill, i, 156. Allan v. college of Aberdeen, ii, 465. — v. M'Culloch, i, 300. — v. M'Culloch, ii, 305. — v. Young, ii, 216. Alyth, common agent in loca- lity of, v. Hay, ii, 451. Anderson, John, i, 142. — v. Forbes, ii, 550, iii, 40. — v. Fullarton, ii, 215, — v. Gordon, i, 348. — v. Morton and Craig, i, 366, — v. Neilson, ii, 290. — v. Roy, i, 323. — v. Thomas, ii, 419. Anderson and Co. v. Campbell, App. iii, 109. Andrew v. Murdoch, i, 477. Annandale, Marquis of, ii, 538. — v. Duke of Queensberry, ii, 595. Arbroath, kirk-session of, v. Howie, ii, 65. - Arbuthnot, Viscountess of, v. justices of Kincardine, ii, 501. Arbuthnot and Carnegie v. Blair, i, 63. Arnauld v. Young, i, 445, E b 2 ii INDEX of CASEs, Arrot y, magistrates of Edin- burgh, i, 441. Asaph St. Dean of, i, 216. Ashburnham v. Fell, ii, 163. Ashover and Brompton, ii, 169. Astly v. Glassford, ii, 98. Athole Duke of, i, 254, — Duke of, v. Robertson, i, 262. Ayr, justices of, v. Irvine, i, 248. - town of, ii, 96. town of * B B. V. A. App. iii, 1 46. Baickie v. Dündas, ii, 470, Baillie v. Darling, i, 212. Baird v. Don, ii, 161. Balfour v. Erskine, ii, 458. Ballantyne, William, i, 175, — v. Ronaldson, ii, 567. Balleny and Co. v. Combe, App. iii, 134. - - Bampton v. Boyes, ii, 365. Banff, Lord,'v. Earl of Fife, ii, 593. e Bank of Scotland y. Sawney, i, 234. Barclay v. Christie, i, 125, — v. Coatts, App. iii, 89. , — v. Douglas, ii, 257, — v. M'Allister, App. iii, 88. Pºsts v. Melville, ii, 175. , Barjeau v. Walmsley, ii, 365, Bell v. Bell, App. iii, 84. — v. Dundas, i, 122, 176. — v. Graham, ii, 468. — v. King, i, 272. — v. magistrates of Lochma- ben, ii, 280, — v. Maxwell, i, 67. — v. Robertson, i, 482, 450. Bellamy v. Rae, i, 446, 450. Bennet v. P arc, &c. i, 437. Bent Helen, ii, 248. Berry and Robertson, i, 366, — v. Roger, i, 298. Berwick justices, ii, 500. Bidmead v. Gale, ii, 377. Biggar v. Pringle, ii, 365. Binston, Lord and Lady,ii,416, Blair v. Carnegie, i, 63. — v. Geddes, i, 66. — v. Maxwell, ii, 362. Blackwater, Eversly, ii, 66. Bond v. M'Kay, Skirving, and Company, App. iii, 81. Bones v. Booth, ii, 367. Bogle v. Hamilton, ii, 586. . Bogue v. Wight, ii., 525. | Borthwick v. M'Gibbon, App, iii, ië6. * tº Bower v. Russell, i, 274. Bowie y Robertson, i, 251. Boyd v. Millers, i, 125. Boyer v. Bampton, ii, 365. . Braidwood v. M'Coul, ii, 365, Breadalbane, Earlofy. Living- ston, ii, 566. Brechin, magistrates of, v. hes ritors of Southesk, ii, 592. Briggs v. Cuthbertson, App. iii, 146. Brodie v. Abercromby, ii, 286. — v. Napier, iii, 270. Brompton v. Osborn, ii, 169. Brown v. Hamilton, iii, 24. — y. heritors of Dunfermline, ii, 300. W # — v. heritors of Mordington, ii, 62. ' —y. Hunter, ii, 454, * — v. procurator-fiscal of Edins burgh, i, 208. —y. magist. of Lanark, ii, 280, — v. Meldrum, i, 295. 1– and Murray, i, 464, IND£x of cASEs. sº- iii Brówn v. Turnbüll, i, 141, Carrubber's close, proprietors – William, i, 174. of, v. Reoch, ii, 98. Brownings v. Napier, iii, 270. | Carruthers v. Rutledge, i,237. Bruce v. Ross, ii, 359. Cassillis, Earl of, v. Patterson, - v. Wardlay, ii, 406. . ii, 532. Bryce V. Hodges, ii, 483. Chalmer v. magistrates of Buccleugh, Duke of, v. Elliot, Tain, ii, 279. ... iii, 228. | Chalmers v. Douglas, ii, 248. Buchahan v. colléctor of Glas- |— v. Duff, ii, 427. gow poor rates, ii, 45. — v. Napier, iii, 264. — v. Colquhoun, ii, 568. Charteris, Col. i., 97, 98. * We Höpkirk, ii, 178. — v. Pringle, ii, 502. — v. Malcolm, ii, 516. Cheaves v. Duke of Gordon, — v. Towart, i, 301. jº iii, 226. Buntine and Colquhoun,i, 98, Chisholm v. Robertson, App. Burgess v. Guild, App. iii, 142, iii, 101. — v. Halliday, ii, 267. — v. Stevenson, App. iii, 99. Butcher v. M'Ewan, i, 488. Christie v. Barclay, i, 125. Churnside v. Currie, ii, 244: C & Clayton and Jennings, ii, 368. Cairns, David, i, 397. Clerk v. Murchison, ii, 172. Calder, Robert, i, 358. Clerk of Pennycuick, ii, 261. Callender v. Earl of Moray, Clephanev. Meek, App. iii,90. ii, 590. g Coatts v. Barclay, App. iii, 89. Cameron v. Malcolm, ii, 215. — v. Turnbull, ii, 528. Campbell v. Anderson, App. Cockburn v. Hay, i, 65. iii, 109, | | Cockman and Mather, i, 236. — v. Cumming Gordon,ii,359. Cochrane v. Campbell, ii, 216, — v. Earl of Eglinton, ii, 570 App. iii, 26. — v. Gordon, i, 247. — v. Fairholm, ii, 404. — v. M*Arthurs, iii, 259, and — v. Patterson, ii, 266. App. iii, 76. , Coldingham, heritors of, v. he- — v. M*Donald, ii, 477. ritors of Dunse, ii, 31, 65. — v. M'Dowall, i, 350. — tenants of, v. justices of — v. procurator-fiscal, i, 248. Berwick, ii, 500. — v. Stirling, iii, 17. Collectors of poors rates, v. — v. Stirling, App. iii, 145. magist.of Musselburgh,ii,42. Carmichael v. Campbell, ii, — of Glasgow poors rates, v. 216, and App. iii, 26. Buchanan, ii, 45. — v. Colquhouns, ii, 578. — of Glasgow poors rates, v. — v. Scott, i, 450. Dreghorn, ii, 46. Carey and Webster, ii, 164. | Colquhoun and Buntine, i, 98 Carnegie and Arbuthnot v. – v. Buchanan, ii, 568. Blair, i, 63. — Sir James, ii, 244, RV’ INDEX OF CASES. º Colquhoun v. Duke of Mon- trose, ii, 387, 595. Combe v. Balleny, App. iii, 134. Commissioners of Customs v. Lord Dundas, App. iii, 144. Cowan v. Aitchison, i, 436. — v. Cowan, &c. App. iii, 138. — v. Guthrie, i, 301. — v. inspectors of Paisley, iii, 3.18. Courney v. Vice-Admiral of Shetland, &c. ii, 388. Craig and Clark, i, 171. Craig, Anderson, and Morton, i, 366. — v. Creighton, App. iii, 105. Craigdallie v. Aikman, ii, 336, and App. iii, 96. Crail, town of, v. Meldrum, ii. 386. Cranston v.Wilkingston,i,102. Craw v. Purves, i, 324. Crawford v. Rigg, ii, 533. — Wallace, ii, 258 — v. Wilson, iii, 50. Crosbie v. Scott, ii, 289. Cullen v. Nisbet and Buchan, App. iii, 137. Cumming Gordon v. Camp- bell, ii, 359. Cunningham and Simpson v. Home, ii, 171, iii, 259. Cupar, burgh of, v. Meldrum, ii, 386. Cuthbertson v. Briggs, App. iii, 146. D Dalgleishv.heritors of Peebles, ii, 467. — v. minister of Peebles, ii, 434. Dalrymple v Marq. of Tweed- dale, ii, 566, Dalrymple v. Shaw, ii, 858. Darling v. Baillie, i, 212. — v. Pollock, ii, 55. Darrach, John and William, i, 388. Davidson v. Aikman, ii, 337. Daws v. Pearce, i, 284. Dean of St. Asaph, i, 216. — v. magistrates of Ayr,i,436, ii, 279. Deane, Joshua, i, 270. Dewar v. Fraser, ii, 97. Dick v. Law, i, 431. Dickie v. Dick, i, 449. Dixon v. M'Kenzie, ii, 172. Dobie v. Miller, ii, 574. Don v. Baird, ii, 161. Douglas v. Penman, ii, 533. – Duke of, v. Lockhart, i, 69. — William, i, 226. — v. Barclay, ii, 257. — v. Chalmers, ii, 248. — v. the king, iii, 257. — v. M'Ewan, ii, 26. Dougall v. magistrates of Kirk- aldy, i, 122. Dreghorn v. collector of Glas- gow poor rates, ii, 47. Drummelzier, common agent in the locality of, v. Hunter, ii, 459. Drummond v. heritors of Monzie, ii, 479. — v. Lawrie, iii, 30.’ Drummond, or Brown, v. Mac- , Gregor, App. 147. Drysdale v. Lawrie, App. iii, 98. Duff v. Chalmers, ii, 427. Dundas v. Baickie, ii, 470. — v. Bell, i, 122, 176. — v. Nicolson, ii, 416. — v. Sommerville, ii, 432. INDEX OF CASES, Dunbar v. Gordon,ii,445,530. Dunbar and Forsyth, ii, 157. Duncan v. Hill, ii, 256. Dundas, Lord, v. commission- ers of customs, &c. App. iii, 144. Dundee, magistrates, v. A. B. App. iii, 92. Dundonald, Earl of, v. magi- strates of Culross, ii, 387. — v. Stewart, ii, 359. Dunfermline, heritors, ii, 300. Dunlop v. Steven, ii, 245. Dunse, heritors of, v. heritors of Coldingham, ii, 31, 65. Durham v. Mair, i, 265. Durrell v. Noble, ii, 158. Dymock v. Duke of Montrose, ii, 427. Dysart v. Sinclair, ii, 405. E Eades v. Vandyput, iii, 264. Edinburgh fiscal v. Brown, i, 208. — v. Campbell, i, 248. tº ſº tº – town, v. James' square, iii, 50. Edmondstone, v. Duke of Mon- trose, ii, 471. Eglinton, Earl of, v. Camp- bell, ii, 570. — v. justices of peace of Ayr, ii, 497. Elliot v. Duke of Roxburgh, iii, 118. — v. Duke of Buccleugh, iii, 228. Elphingston, Hon. Charles, and others, i, 93. Elvies v. Vernon, i, 450. Erskine v. Abercromby, ii,458. — v. Balfour, ii, 458. Everley, Blackwater, ii, 66. Ewart iſ, 434. — v. Grierson, ii, 433. — v. M'Kenzie, App. iii, 86. = W. Shaw, ii, 529. F Faire v. Leitch, App. iii, 143. Fairie v. Leitch, i, 61. Fairlie v. Earl of Eglinton, ii, 393. — v. M*Vicar, ii, 168. Fairnie v. heritors of Dun- fermline, ii, 474. Fairholm v. Cochrane, ii,404. Falconer v. Hall, ii, 539. — v. Scott, ii, 589. Farquharson v. Anderson, ii, 267. — v. Farquharson, ii, 393. — v. Spalding, ii, 273. Fearn, common agent in loca- lity of, v. Monro, ii., 466. Fell v. Ashburnham, ii, 163. Ferguson v. Gillespie, ii, 457. — v. Gray, ii, 403. Feuars of Crieff v. heritors, ii, 477. Finlay v. magistrates of Lin- lithgow, ii, 150. Finlayson v. Reid, i, 75. — v. Gown, ii, 266. Fife, Earl of, v. Lord Banff, ii, 593. — v. Gordon, ii, 596. — v. magistrates of King- horn, ii, 507. Finlater, Countess of, v. Earl of Finlater, ii, 237. Fiscal, procurator of dean of guild, v. Paxton, i, 103. Fisher v. procurator-fiscal of Kirkcudbright, i, 164, 166. Fleming v. Ure, ii, 98. Flight, Alexander, i, 170. º gº fMDEx of CASEs. t Foot v. Stewart, i, 344. Forbes v. Anderson, ii, 550, iii, 40. — v. Gordon, i, 348. Forsyth v. Gordon, i, 348. — v. Gordon, ii, 157. — v. Robertson, ii, 266. Forfar, magistrates of, ii, 279. — v. Oliphant, ii., 466. Fraser v. creditors, ii, 289. — v. Dewar, ii, 97. — v. Duke of Gordon, ii, 593. — v. Scott, ii, 41, 373. — v. Sprott, ii, 360. Freebairn and Company v. Grant, ii, 248. Freeholders of Paisley v. ma- gistrates, ii, 276. Fullarton v. Anderson, ii, 215. — v. magistrates of Ayr,ii,285. *— v. Hamilton, i, 55, 289. G Gale v. Bidmead, ii, 377. Gall v. magistrates of Forfar, , ii, 279. — v. Greenhill, ii, 544. Galloway v. justices of Mid Lothian, ii, 507. Gardyne v. Reid, App. iii, 138. Garioch v. Earl of Peter- borough, ii, 532. Geddes v. Blair, i, 66. Gemmell v. Wright, i, 435. Gillespie v. Ferguson, ii,457. Gilison v. Renny, ii, 415. Gladsmuir, kirk-session of, v. kirk-session of Preston, ii, 70. Glasgow poor rates, Collector of, ii, 45, 47. — Fiscal, i, 104. Glassford v. Astly, ii, 98. Glendinning v. Flint, ii, 264. Gloag v. Butter, i, 67. Goodburn v. Marley, ii, 867. Gordon v. Anderson, i, 348. — v. Campbell, i, 247. - v. Dunbar, ii, 445, 530. — v. Earl of Fife, ii, 596. – v. Forbes, i, 348. — v. Forsyth, i, 348. — v. M'Farlane, i, 256. — v. Miller, ii, 371. ..— v. officers of state, ii., 462. — Duke of, v. Cheaves, iii, 226. — — v. Fraser, ii, 593. Govan v. Lang, ii, 528. Graham, Lady Christian, v. Earl of Hopetoun, i, 101. Graham v. Leslie, i, 130. — Robert, i, 492. — v. Bell, ii., 468. — v. Kay, ii, 264. — v. Skene, ii, 536. Grant v. Duke of Gordon, ii, 386. — v. Hill, ii, 362. — v. Ross, ii, 387. Gray v. Ferguson, ii, 403. — Lady, ii, 538. 3. Grierson v. Ewart, ii, 432. — v. M'Gill, i, 181. Gregory v. Wemyss, ii, 570. Greig v. Laird, iii; 274. — v. Duke of Quéensberry, ii, 431. Grinton v. Pennycuick, ii, 216- Groat v. Sinclair, ii, 450. Guild v. Scott ii, 506. — v. Burgess, App. iii, 142, Gun, Christian, ii, 170. Guthrie, v. Cowan, i, 301. — v. Johnston, i, 299. H Haddington, magistrates of wº Aitchison, iii, 150- INDEX OF CASEs, vii Haggatt v. Soutar, &c. i,280. Haig v. Ridley, ii, 176, — v. Russell, ii, 98. Hairgreive and Co. v. mini- sters of Lintoun and Eck- ford, i, 121. Halkerton, Lord, v. Scott, ii, 581, 592, 593. . . Haiket via wrie, ii, 482. Hall v. Falconer, &c. ii., 539. — v. Spence, ii, 434. Halliday v. Burges, ii, 267. Hamilton v. Bogle, ii, 536. — v. Brown, iii, 24. — v. minister of Cambuslang, ii, 51. — v. Edington and Co. ii, 891. — v. Fullarton, i, 55, 289. — v. De Gares, ii, 358. — v. Johnston, ii, 70. — v. Lord and Lady Ormis- ton, i, 102. - — v. Montgomery, iii, 18. — v. Scott, i, 140. — v. town of Kirkaldy, ii,497. - Duke of, v. Lawrie, ii, 544. Hardie v. Hardie, App. iii, 143, Hay v. Cockburn, i, 65. — v. common agent in locality of Alyth, ii, 451. — v. Hay, i, 165. — v. Marshall, i, 276. — v. D. of Roxburgh, ii, 459. — v. Thom, ii, 288. — v. Williamson, ii, 383. — v. Woodsworth, ii, 166. Hendersan v. M'Gill, ii, 545. — v. Scott, i, 470. Heritors of Ancrum v. Scott, ii, 450. — of Cairney v. presbytery of Strathbogie, ii, 417. — of Coldingham v. heritors of Dunse; ii, 31, 65. Heritors of Collessie v. Scott, ii., 452. — of Corstorphin v. Ramsay, App. iii, 93. — of Crieff v. Feuars, ii, 477. — of the fishings of Don v. town of Aberdeen, i, 556. — of Duddingstone v. Penny- cuik, App. iii, 140. — of Dunfermline v. Brown, ii, 300. - – of Dunfermline v. minister, ii, 414. , – of Dunfermline v. Fairney, ii, 474. — of Dunlop v. Muir, ii,470. — of Edrom v. overseers of the poor of Dunse, ii, 59. — of Eymouth v. heritors of Swinton, ii., 469. — of Inveresk v. Milne, ii, 538. — of Inverness v. magistrates, ii, 461. — of Kirkden v. Milligan, ii, 464. — of Linlithgow v. minister, ii, 414. — of Madderty v. minister, ii, 428. — of Marytown v. college of St. Andrew’s, ii, 474. — of Methie v. Ogilvy, ii,473. — of Monzie v. Drummond, ii, 479. — of Peebles v. Dalgleish, ii, 434, 467. — of Seaside v. Earl of Kin- moul, ii, 588. — of Southesk v. magistrates, of Brechin, ii, 592. — of St. Cuthbert’s v. John- ston, ii., 468. — of Tingwal v. Minister, ii, 474, viii INDEX OF CASES, Hill v. Duncan, ii, 256. — v. Grant, ii, 362. — v. Thomson, ii, 23. Hodges v. Bryce, ii, 433. Home v. Cunningham and Simpson, ii, 171, iii, 259. Hopetoun, Earl of, v. Lady Christian Graham, i, 101. — v. Wight, i, 550. Hopkirk, v. Buchanan, ii, 178. — v. Wedderburn, ii, 258. Howie v. kirk-session of Ar- broath, ii, 65. Hunter v. college of Aber- deen, iii, 49. — v. Brown, ii, 454. — v. Drummelzier, ii, 459. — v. Hunter, ii, 269. — v. Duke of Roxburgh, ii, 453. — v. Watson, App. iii, 108. Hyslop v. Stewart, ii, 364. I, J Jaffray v. Duke of Roxburgh, ii, 405. Jailors of Ayr v. M'Whinnie, ii, 282. James’ square, St. inhabitants of, v. town of Edin. iii, 50. Jamieson v. Napier, i, 471. Jennings and Clayton, ii, 368. Innes v. Earl of Aboyne, App. iii, 143. — v. Sutherland, iii, 17. Inspectors of Paisley v. Cowan, iii, 318. Journeymen calicoe printers in Glasgow v. procurator-fis- cal, i, 104. Johnston v. Kellows, i, 141. — John, i, 175. — v. Guthrie, i, 299. * V, Hamilton, ii, 70. Johnston v. Duke of Queens. berry, ii, 545. - v. heritors of St. Cuthbert's ii, 468. * Jones v. Smart, ii, 552. Irvine, town of, i, 248. Isbister v. magistrates of Kirk- wall, ii, 288. Judge Admiral v. Reid, i, 8. Justices of Ayr v. Earl of Eglin- ton, ii, 497. – of Berwick v. tenants of Coldingham, ii, 500. – of Kincardineshire, ii, 501. – of Mid Lothian v. Gallo- way, ii, 507. – of Mid Lothian v. tenants, ii, 477. – of Ross v. M'Kay and Co. App. iii, 31. K Kay v. Graham, ii, 264. Kello v. Taylor, ii, 214. Kellow v. Johnston, i, 141. Kennedy v. Kennedy, i, 404. Kerr v. Hays, i, 299. Kincardineshire fisheries, ii, 501. King v. Bell, i, 272. – the, v. Douglas, iii, 257. — — v. J. Major, ii, 159. - — v. Westmean, ii, 170. Kinloch v. Stewart, i, 347. - V. Robertson, ii, 98. Kinnoul v. heritors of Sea- side, ii, 588, Kirkaldy, town of, v. M arshall, ii, 474. – v. Dougall, i, 122. - town of, v. Hamilton,ii,497. Kirkcudbright, i, 164. Kirk-session of North Leith v. Law, ii, 450, INDEX OF CASE8. ix L Laird v. Greig, lii, 274. Lanark, magistrates, v. Brown, ii, 280. Lang v. Govan, ii, 528. Law v. Dick, i, 431. — v. kirk-session of North Leith, ii, 450. Lawrie v. Drysdale, App. iii, 98. — v. Halkett, ii, 432. — v. Duke of Hamilton,ii,544. Lechmerev. Scudamore, i, 446. Lees v. Parlane, i, 78. Leeshman v. Earl of March, ii, 463. Leitch v. Fairie, i, 61. Leslie v. Abercromby, iii, 17. — v. Graham, i, 130. Libberton, tenants of, v. jus- tices of Mid Lothian, ii, 477. Liddell v. Stewart, i, 91. Lieutenant-deputy of Lanark v. M-Farlane, iii, 231. Livingston v. Earl of Bread- albane, ii, 566. Loch v. Tweedie, ii, 527. Lochmaben, magistates of, v. Bell, ii, 280. Łockart v. Duke of Douglas, i, 69. — v. Seivwright, ii, 530. Logan v. M'Adam, i. 348. Low v. Drummond, iii, 30. Lowther v. M'Lean, ii, 235. — v. Adam, ii, 256. 4t & Lynall and Longbotham, ii, 367. M MAdam, v. Walker, ii, 213. — v.Logan, i, 348. M'Allister v. Barclay, App. iii, 88. M“Arthur v campbell, iii, 259, and App. iii, 76. M’Call, James, i, 397. M“Caul, v. Braidwood, ii, 365, M“Cubbin, v. Thomson, ii, 289. M’Culloch v. Allan, i, 300, ii, 305. M“Davie, John, i, 182. M’Donald v. Campbell, ii,477. — v. guilders of Perth, iii, 53. M“Dowall, John, i, 198. – v. Campbell, i, 350, ii, 477. — v. M'Larg, ii, 266. M*Ewan v. Butcher, i, 488. – v. Douglas, ii, 26. — v. Trotter, ii, 549. M*Farlane v. Gordon, i, 257. – v. deputy-lieutenant of La- nark, iii, 231. M“Gill, v. Greirson, i, 181. — v. Henderson, ii, 545. M“Gibbon, v. Borthwick, App. iii, 136. M“Gregor v. Drummond or Brown, App. iii, 147. — v. M'Nab, ii, 290. M“Innes, John, i, 496, M“Kay v. Ross, ii, 497. – v. justices of peace of Ross, App. ii, 31. M“Kay, Skirving, and Co. v. Bond, App. iii, 81. M“Kechnie v. tailors of Glas- gow, iii, 53. M“Kenzie v. Dickson, ii, 172. — v. Ewart, App. iii, 86. — v. M'Kenzie, i, 351. M“Lauchlane, ii, 215. M“Lean v. Fyfe, App. iii, 134. M“Mickar v. Earl of Gallo- way, iii, 221. — v. M'Moran, iii, 53. MºMab v. Spittal, ii, 358. X: INDEX OF CAsiſs. MºMaught, i, 95. M“Nicol and others, i, 92. MºMeil v. minister of Camp- belton, ii, 457, App. iii, 47. MºQueef, v. Smith, ii,458. — v. Earl of Wemyss, App. iii, 41. . . . * , MVicar v. Fairlie, ii, 168. M*Whinnie v. prison keepers of Ayr, ii, 282. Magistrates of Aberdeen v. Menzies, ii, 394. — of Antiari v. Shortreid, ii, 281). { — of Ayr, ii, 96. — — v. Dean, i, 436, ii, 279. — — v. Fullarton, ii, 285. — of Dundee, v. A. B. App. iii, 92. — of Edinburgh v. Arrot, i, 441. † A — — v. Ogilvy, i, 132. — — v. Wilson, ii, 281. — of Falkland, v. Sandilands, ii, 540. — of Forfar v. Gall, ii, 279. • – of Glasgow v. Rae Craw- ford, App. iii, 145. — of Haddington v. Aitchi- son, iii, 50. - - of Inverness v. heritors, ii, 460. — of Kinghorn v. Earl of Fife, ii, 507. — of Kirkaldy v. Dougall, i, 1:23. - of Lanark v. Brown, ii, 280. – of Linlithgow v. Finlay, ii, 150. - of Lochmaben v. Bell, ii, 280. g - of Montrose v. Scott, ii, 99. - of Montrose v. Straiton, i, 380. Magistrates of Musselburgh v. collector of poors rates, ii, 44. - t — of Paisley v. freeholders, ii, 276. - – — v. Sméddam, ii, 508. — of Tain v. Chalmer, ii,279, Mair v. Durham, i, 265. Maitlafid v. Tait, ii, 545. Major, J. ii, 159. Malcolm v. Buchanan, ii, 516, — v. Cameron, ii, 215. March, Earl of, v. Earl of — Earl of, v. Leeshman,ii,463. Marley v. Goodburi, ii, 367. — v. Mathér, i, 236, Marshall v. Hay, i, 276. — v. towh of Kirkaldy, ii, 474. . . . Martin v. justices of Wigton, i, 299. Maxwell v. Bell, i, — v. Rose, i, 102. — v. Sharp, i, 121. — v. Patullo, i, 344. — v. Blair, ii, 362. — v. Telfer, ii, 257. Mead v. Hammond, ii, 164, Meek v. Clephane, App. iii, 90. Meikle v. Skelly, App. iii, 139. Meldrum v. Brown, i, 295 — v. Crail, ii, 386. — v. burgh of Cupar, ii, 386, Melville v. Barclay, ii, 175. Mercer v. minister of Lethin- dy, ii, 428. — v. Tasker, i, 441, ii, 290. Miller v. Boyd, i, 125. — v. Dobie, ii, 574. — v. Gordon, ii, 391. — v. Stein, ii, 98. Milligan v. heritors of Kirk- den, ii, 464. 67. INDEX OF CASEs, xi Milne y, heritor; 9f Inyeresk, ii. 538. y * : * Ministers and kirk-session of Lintoun and Eckford v. Hairgreive; i, 121. t — of Barey, ii, 452. ... — of Bargue v. Miller, ii, 422. — of Cambuslang v. Hamil- ton, ii, 51. . . . - of Campbelton v. M'Neil, ii, 457, App. iii, p. 47. – of Dunfermline v. heritors, ii, 414. ' A. — of Dunkeld, &c, y, heritors, ii, 430. . . - of Kingsbarns v. Erskine, ii, 422. ' - of Lethendie v, Mercer, ii, 428. - of Linlithgow y, heritors, ii, 414. *— of Madderty v. heritors, ii, 428. e - of Qld Machar v. officers of state, ii, 473. *— of Peebles v. Dalgleish, ii, 434. - — of Skene v. Skene, ii, 466. — of Tingwall v. heritors, ii, 477. " - Mitchell, John, i, 216. Mitchelson v. Potts, i, 444. Monro v. common agent in łocality of Fearn, ii, 466. Montgomery v. Hamilton, iii, 18. Montrose, Duke of, v. Dy- mock, ii, 427. – Duke of, v. Edmondstone, ii, 471. — Duke of, v. Colquhoun, ii, 387, 595. Monzie, heritors, ii, 479. Moodie v. Sands, i, 64. Moray, Earl of, v. Callender, ii, 590. A. Mordington, kirk-session of, v., Runciman, ii, 31, 60. - heritors of, v. Brown, ii,62. More v. M'Innes, ii, Ž14. — Jean, i, 171. Morton, Anderson, and Craig, i, 366. Muir v. M'Bean, iii, 52. — v.heritors of Dunlop, ii,470. Muller v. town of Selkirk, i. 417. Murchison v. Clerk, ii, 172. Murdoch v. Andrew, i, 478. Murray and Brown, i, 464. — v. Stotts, ii, 590. — v. Turnbull. i. 119. — v Watt, ii, 390. Musselburgh, collector of poor rates, ii, 3. g ; : . N Napier v. Brodies, iii, 270. — v. Brownings, iii, 270. — v. Chalmers, iii, 264. — v. Jamieson, i, 471. Nash v. Robertson, i, 227. — v. Wyllie, iii, 259. Neilson y. Anderson, ii, 290, — v. Bruce, ii, 364. — v. sheriffof Galloway,ii,404, Nibblie v. Wight, i, 431. Nicolson v. Dundas, ii, 436. Nisbet and Buchan v. Cullen, App. iii, 137. Noble v. Durrell, ii, 158. * O Officers of state v. Thomson, ii, 457. — of state, v. Gordon, ii, 462. — v. Earl of Selkirk, ii, 462. xii INDEX OF CASES. Officers of state v. minister of Old Machar, ii, 473. Ogilvy v. Adamson, i, 292. — v. magistrates of Edinburgh, i, 232. — v.heritors of Methie,ii,473. — v. Townly, i, 428. Oliphant v. Forfar, ii, 466. Oliver v. Scott, ii, 264. Ormiston, Lord and Lady, v. Hamilton, i, 102. Overseers of the poor of Dunse, v. heritors, &c. of Edrom, ii, 59. P Parc and Brown, v. Bennet, i, 427, Parker v. Speirs, iii, 266. Parläne v. Lees, i, 78. Paton v. Adamson, ii, 36. Paterson v. Earl of Cassillis, ii, 532. — v. Cochrane, ii, 266. — v. Seton, ii, 261. — v. Speirs, ii, 264. Patrick v. Sheddon, i, 111. Pattullo v. Maxwell, i, 344, Paxton, see procurator-fiscal, Peebles, heritors, ii, 434. Penman v. Douglas, ii, 533. Pennycuick, Isabella, ii, 61, and App. iii, p. 140. — v. Grinton, ii, 216. Perth, guildry of, v. M'Donald, iii, 52, Peterborough, Earl of, v. Ga- rioch, ii, 532. Pettigrew v. Ralston, ii, 97. — v. Wordsworth, ii, 359. Pillans v. Robertson, ii, 69. Piscatore, i, 174. Pollock v. Darling, ii, 65. | Potts v. Mitchelson, i, 444. Presbytery of Strathbogie, v. heritors of Cairney, ii, 417. Preston, kirk-session of, v. kirk-session of Gladsmuir, ii, 70. — v. Temple, ii, 168. Pringle v. Biggar, ii, 365. — v. Charteris, ii, 502. Procurator-fiscal and dean of guild v. Paxton, i, 103. — Edinburgh, v. Young and Wemyss, i, 208. | — — v. Wilson, ii, 572. – Fife, v. Wilkie, i, 178. — v. journeymen printers of Glasgow, i, 104. — v. Brown, i, 208. — v. Campbell, i, 248. — Kirkcudbright v. Fisher, i, 164. Pultney v. Gordon, i, 350. Punchin v. Haig, iii, 166. Purves v. Craw, i, 324. Queensberry, Duke of, v. Mar- quis of Annandale, ii, 595, – Duke of, v. Greig, ii, 431. | – Duke of, v. Johnson, ii,545, R Rae v. Bellamy, i, 446, 450. Rae Crawford v. magistrates of Glasgow, App. iii, 145. Ralton v. Pettigrew, ii, 97. Ramsay v. Rivers, ii, 535. — v. heritors of Corstorphine, App. iii, 93. Rankine v. Adair, i, 242. — v. Robertson, ii, 390. Rawdon v. Shadewell, ii, 366, Read v. Struther, i, 111. INDEX OF CASES. xiii Reay Lord,v. Falconer, ii, 427. Reid v. Judge Admiral, i, 3. — v. Finlayson, i, 75. — v. Gardyne, App. iii, 138. Renny, ii, 415. Reoch, v. proprietors of Car- rubber’s close, ii, 98. Rescobie, kirk-session of, v. kirk-session of Aberlemno, &c. ii, 70. Rex v. Stanwix, ii, 69. Riddell v. Marquis of Tweed dale, ii, 531. Ridley v. Haig, ii, 176. Rigg v. Crawford, ii, 532. Ritchie v. lord advocate, i, 177. Rivers v. Ramsay, ii, 535. Robertson v. Duke of Athole, i, 267. — v. Bell, i, 432, 450. — v. Berry, i, 366. — v. Bowie, i, 251. — v. Chisholm, App. iii, 101. — v. Forsyth, ii, 266. — v. Kinloch, ii, 98. — v. Stewart M*Kenzie, ii,593. — v. Nash, i, 227. — v. Pillans, ii, 99. — v. Rankine, ii, 390. — v. E. of Roseberry, ii, 415, — v. Sandilands, i, 213. Roger v. Berry, i, 298 Ronaldson, v. Ballantyne, ii, 567. Rose v. Maxwell, i, 102. Roseberry, Earl of, v. Robert- son, ii, 414. Ross v. Agliamby, i, 234. — v. Bruce, ii, 389. — v. Grant, ii, 387. — v. M'Kay, ii, 497. Rossyth v. Sibbald, ii, 165. Roxburgh, Duke of, v. Elliot, iii, 118. Roxburgh, Duke of, v. Hay, ii, 459. — Duke of, v. Hunter, ii, 453. – Duke of, v. Jaffray, ii, 405. Roy v. Anderson, i, 323. Runciman v. kirk-session of Mordington, ii, 31, 60. Russell v. Bower, i, 274. — v. Haig, ii, 98. Rutlidge v. Carruthers, i, 237. S St. Catharine’s hospital, i, 236. Sandilands v. Robertson,i,213. — v. magistrates of Falkland, ii, 540. Sands v. Moodie, i, 64. Sawney v. Bank of Scotland, i, 234. Scott v. heritors of Ancrum, ii, 450. — v. Carmichael, i, 450. — v. heritors of Collessie, ii, 452. — v. Crosbie, ii, 289. — v. Fraser, ii, 41. — and Company v. Guild and Company, ii, 506. — v. Falconer, ii, 589. — v. Lord Halkerton, ii, 589, 592, 593. — v. Hamilton, i, 140. — v. Henderson, i, 470. — v. magistrates of Montrose, ii, 99. — v. Oliver, ii, 264. — v. Sandilands i, 439. — v. Wauchope, ii, 429. Scudamore v. Lechmere, i, 447. Seaton v. Seaton, ii, 532. Selkirk, Earl of, v. Mutter, ii, 417. Sempill v. Alexander, i, 120. xiv INDEX OF CASEs. Seton v. Paterson, ii, 261. Shadewell v. Rawdon, ii, 366. Shaw v. Dalrymple, ii, 358. — v. Ewart, in 529. Sharp v. Maxwell, i, 121. — v. Shaw, ii, 358. — v. Turner, ii, 288. Sheddon v. Patrick, i, 111. Shetland, Vice-Admiral of, &c. v. Courney, ii, 388. Shoemakers of Perth v. Mac- Morton, iii, 53. Shortreid v. magistrates of Annan, ii, 280. Sibbald v. Rossyth, ii, 165. Sinclair v. Groat, ii, 450. Skelly v. Meikle, App. iii, 139. Skene v. Graham, ii, 536. — v. minister of Skene,ii, 466. Smart v. Jones, ii, 552. Smeddan v. magistrates of Paisley, ii, 508. Smith v. Brodie, i, 239. — v. M'Queen, ii, 458. — v. Smiths, App. iii, 102. — v. Warrands, i, 103. Sommer v. Marquis of Tweed- dale, App. iii, 38. Sommerville v. Dundas,ii, 432. Souter and Company v. Hag- gart, i, 280. Southesk heritors v. Magis- trates of Brechin, ii, 592. Spalding v. Farquharson,ii,273. Speirs v. Parker, iii, 266, — v. Paterson, ii, 264. Spence v Hall, ii., 434. Spittal v. M'Nab, ii, 358, Sprott v. Fraser, ii, 360. Stamps, solicitor of, v. Wilkie, ii, 572. Stanwix v. Rex, ii, 69. Stevenson v. Chisholm, App. iii, 99. Stein v. Miller, ii, 98. n Steven v. Dunlop, ii, 245. Stewart.v. Liddell, i, 91. – Alexander, i, 150. Stewart and Co. v. Earl of Dum- donald, ii, 359. — v. Foot, i, 344. — v. Hyslop, ii, 364. — v. Kinloch, i, 847: — M'Kenzie v. Robertson, ii, 593. — v. feuars of Tillicoultry, ii, 543. * r Stirling v. Campbell, App. iii, 145. – v. Campbell, iii, 16. - Dr. and others, i, 93. Stotts v. Murray, ii, 590. Straiton v. magistrates of Montrose, i, 380. Struther v. Reid, i, 111. Sutherland v. Innes, iii, 17. T Tailors in Glasgow v. M'Kech- nie, iii, 52. Tain, magistrates, ii, 279. Tait, Archibald, i, 184, 206. — v. Maitland, ii, 545. Tasker v. Mercer, i, 441, ii, 290. Taylor v. Kello, ii, 214. — v. lord advocate, ii, 182, and App. iii, 51. Telfer v. Maxwell, ii, 257. Temple v. Preston, ii, 168. Thom v. Hay, ii, 288. Thomas v. Anderson, ii, 419. Thomson v. Hill, ii, 23. — v. officers of state, ii, 457. — v. Walker, ii, 499 Tillicoultry feuars of, ii, 543, INDEX OF CASES. XV Tomlinson v. Wightman, App. iii, 103. Towart v Buchanan, i, 301. Town of Ayr, ii, 96. — of Edinburgh v. inhabi- tants of St. James’ square, iii, 50. Townley v. Ogilvy, i, 428. Tranent, feuars of, v. York- building company, ii, 539. Trotter v, M*Ewan, ii, 549. Turnbull v. Brown, i, 141, — v. Coats, ii, 528. — v. M'Claws, ii, 24, — v. Murray, i, 119. Turner v. Sharp, ii, 288. Tweeddale, Marquis of, v. Dal- rymple, ii, 567. —t Marquis of, v. Riddell, ii,53. — Marq. of, v. Sommer, App. iii, 33, Tweedic v. Loch, ii, 527. U, V Ure v. Fleming, ii, 98. Vandyput v. Eades, ii, 264. Veitch v. Faire, App. iii, 143. Vernon v. Elvies, i, 450. W Walker v. M*Adam, ii, 213, – v. Herd and Thomsom, ii, 499. Wallace v. Crawford, ii, 258. Wallford Skeffreth, ii, 73. Walmsley v. Barjeau, ii, 365. Wardlaw v. Bruce, ii, 406. Warrand v. Smith, i, 103. Watson v. Hunter, App. iii, 108. — v. his vassals, ii, 405. — v. Watson, App. iii, 30. WOL. III, Wauchope v. Scott, ii, 429. — v. Webster and Carey, ii, 164. Wedderburn v. Hopkirk, ii, 258. Weir, Thomas, i, 95. Wemyss v. Gregory, ii, 570. — v. Wemyss, i, 265. — Earl of, v. M'Queen, App, iii, 41. Westmean v. King, ii, 170. Westram v. Chidinston, ii, 67. Wight v. Bogue, ii, 525. — v. Earl of Hopetoun,ii, 550. — v. Nibblie, i, 438. Wightman v. Tomlinson, App. iii, 103. Wigton, justices of, v. Martin, i, 299. Wilkie v. procurator-fiscal of Fife, i, 178. — v. solicitor of stamps, ii, 572, Wilkingston v. Cranstoun, i, 102. Williams, v. Johnson, i, 273. Williamson, v. Hay, ii, 383. Wilson, v. Crawford, iii, 50. — v. magistrates of Edinburgh, ii, 281, 572. Winn, William, i, 185. Wordsworth v. Hay, ii, 169. — v. Pettigrew, ii, 359. Wright, v. Gemmell, i, 435. Y York Buildings Company v. Tranent feuars, ii. Young and Wemyss v. Allan, ii, 216. — v. Arnauld, i, 445. — v. procurator-fiscal, i, 208, ç ç INDEX. The numerals denote the volume, the figures the pages, the small letters the notes; and where the same subject occurs in the notes and text, the refer- ence is not repeated. Abbacy, ii, 436. Abbey of Holyroodhouse, i, 427. — Aberdeen, its complement of militia under 42. Geo. III, c. 91, iii, 61. — does it compose a battalion of militia by itself, iii, 72. — its number of local militia under 52 Geo. III, c. 68, iii, 142. º Abettors and aiders in coun- terfeiting stamps, touching the linen manufacture, iii, 299. Abjuration, oath of, i, 46. Absence of militiamen, when called out, without leave, for three months, how punish- ed., iii, 82. — or desertion of militiamen, the commander's duty in case of, iii, 82. — of a substitute or volun- teer, how punished by 42 Geo. III, c. 91, iii, 86. Absence of subalterns and sur- geons, how punished by 48 Geo. III, c. 72, iii, 102. — leave of, what must be in- inserted in the certificate, iii, 102. — of local militiamen during the time and place of exer- cise, how punished under 52 Geo. III, c. 68, iii, 151. Absolvitor from a criminal ac- tion at the instance of the fiscal, does it prevent the same facts from being made the subject of prosecution at the instance of the pri- vate party, i, 98. Access to the sessions, free- dom of, i, 78. Accessory. See art and part. Accoutrements of militiamen, punishment for buying and selling, iii, 80. - of volunteers, punishment for buying and selling iii, 215. c c 2 11 INDEX, Accoutrements of militiamen, local militiamen, and volun- teers, where kept, iii, 81, 175, 214. Act, can a justice of peace for the county act within the liberties, i, 56. — who act as procurators be- fore the justices of peace, i, 54. - ministerial, is a justice pu- mishable for, i, 65. Acts, Scottish. Regiam Majestatem, i, 367. Leges Malcomi, i, 4. Quon Attach, c. 29, ii, 546. Leges Burgorum, c. 67, 72, 79. Fisheries, ii, 590. Iter Camerarii, c. 16, ii, 599. Forest laws of King William, c. 17, ii, 388, 547. , Alexander II, c. 25, i, 4. David II, c. 3, ii, 148. Robert III, c.10. game, ii, 563. 1424, James I, parl. 1, c. 2, for keeping the peace, i, 400, App. i, No. 22. — — parl. 1, c. 11, fisheries, ii, 586. 1424 (1444), c. 11, Satur- day's slop, ii, 593, note a. — — parl. 1. c. 17, fute-ball. ii, 6. — — parl. 1, c. 18, arming lieges, iii, 278. & - — parl I, c. 20, murc-burn- ing, ii, 575. - — parl. 1, c. 25, poor, ii, 54, App. 1, No. 31. - — parl. 2, c 27, ib. ib. No. 32. — — parl. 2, c. 28 (23), he- resy, ii, 310. Acts, Scottish. 1424, James I, parl. fisheries, ii, 581. - — parl. 2, c. 36, game, ii, 564, — — parl. 2, c. 42, poor, App. i, No. 33. — — parl. 2, c. 43, leasing- making, i, 318. — — parl. 2, c. 44, arming lieges, iii, 279. 1425, – parl, 2, c. 40, wool- len manufactures, iii, 308. . — — parl 2, c. 49, money, ii, 3. — — parl. 2, c. 57, weights, ii, 1 50. — — parl. 2, c. 60, arming lieges, iii, 279. — — parl. 3, c.63, black acts, ji, 150, c. 65, App. iii, No. 1. 1426, - parl. 3, c. 75, fire, i. 194. 1427, − parl. 4, c. 104, game, ii, 568. — — parl. 7, c. 100, King's title, i, 23. 1429, - parl. 9, c. 129, for keeping the peace, App. i, No. 23. — — parl 10, c. 131, fisheries. ii, 582. 1431, - parl. 10, c. 131, fishe- ries, ii, 581. 1436, - parl. 13, c. 149, mo- ney, ii, 3. 449, James II, parl. 5, c. 91, salmon fishing, ii, 581. — — parl. 6, c. 13, lawbur- rows, App. i, No. 24. — — parl. 6, c 22, Sornars and beggars, App. i, No. 35. — — parl. 6, c. 25 (24), trea- son, i, 357. * A ,c.3 5, INDEX, Acts, Scottish. 1451, James II, parl. 8, c. 34, money, ii, 3. 1455, – parl. 12, c. 45, sor- nars, App. i. 35. — — parl. 12, c. 54, treason, i, 357. 1456, - parl. 13, c. 56, arm- ing legis, iii, 278. 1457, − parl. 13, c. 57, plague, ii, 88. — — parl. 14, c. 70 (71), dress, ii, 3, 4. — — parl. 14, c. 73, weights, ii, 150. — — parl. 14, c. 77, sedition, i. 377. — — parl. 14, c. 79, va- grants, App. i, No. 37. — — parl. 14, c. 80, planting and enclosing, ii, 5 i2. 57 – parl. 14, c. 84, game, 14ii, 565. — — parl. 14, c. 86, fisheries, ii, 581, 584. — — parl. 14, c. 87, game, ii, 568. — — parl. 14, c. 88, rabbits, ii, 563. 1466, James III, parl. 1, c. 8, money, ii, 3. 1469, - parl. 5, c. 30, notary, i, 23. — — parl. 5, c. 37 (48), fish- eries, ii, 581. 1471, - parl. 6, c. 45, dress, ii, 4. 1474, − parl. 7, c. 56, land- tax, iii, 3. — — parl. 7, c. 59, game, ii, 564, 565. * — — parl. 7, c. 60 (80) breaking dovecots, i, 184. — — parl. 7, c. 60, game, ii, 564. Acts, Scottish. 1475, James III, parl. 8, c. 63, assized, i, 201. 1477, − parl. 10, c. 73, fish- eries, ii, 586. — (1479) — parl. 10, c. 75, muir-burn, ii, 575. — — parl. 10, c. 76, fisheries, ii, 599. 1481, - parl. 11, c. 80, arm- ing legis, iii, 278. 1482, — parl. 13, c. 88, wine, ii, 92. 1487, - parl. 14, c. 102, 103, coroner, i, 4. - – parl. 14, c. 110, fishe- ries, ii, 599. 1483, − parl. 13, c. 90, 91, ii, 88. 1488, - parl. 16, fisheries, ii, 586, note b. 1489, James IV, parl. 2, c. 15, fisheries, ii, 586. 1491, - parl. 3, c. 32, fute- ball, ii, 6. — — parl. 3, c. 34, i, 367, 377, — — parl. 3, c. 33, weights and measures, ii, 150. – – parl. 3, c. 48, muir- burn, ii, 575. – – parl. 3, c. 47, false mea- sures, ii, 147. 1493, − parl. 4, c. 52, fish- eries, ii, 599. 1503, − parl. 5, c. 96, muir- burn, ii, 150, — — parl. 6, c. 69, game, ii, 574. & — — parl. 6, c. 72, fisheries, ii, 581. - – parl. 6, c. 83, Sunday, ii, 340. — — parl. 6, c. 96, weights, ii, 150. iv. INDEX. Acts, Scollish. 1528, James V, parl. 3, c. 5, coroner, i, 5. — — parl. 3, c. 8, wilful fire- raising, i, 194. 1535, – parl. 4, c. 34, coro- ner, i, 14. — — parl. 4, c. 11, muirburn, ii, 575. — — parl. 4, c. 13, dovecots, i, 194. — — parl. 4, c. 22, App. i, No. 39. 1540, parl. 7, c. 85, arming lieges, iii, 279. — — parl 7, c. 87 and 88, arming lieges, iii, 278. — — parl 7, c. 89, arming lieges, iii, 279. — — parl. 7, cap. 108, money, ii, 3. — — parl. 7, c. 109, fisheries, ii, 599. — — parl. 7, c. 114, weights, ii, 150. — — parl. 7, c. 117, sealing of writs, i, 20. — — parl. 7, c. 117, notary- public, 1, 234. 1551, Mary, parl. 1, c. 16, corporal punishment, i, 221, ii, 340. — — parl. 5, c. 19, bigamy, i, 201. — — parl. 5, c. 25, beggars, App. i, No. 49. 1555, – parl. 6, c. 45, staple gudes, ii, 3. — — parl. 6, c. 47, false wit- ness, i, 201. — — parl. 6, c. 51, game, ii, 567. — — parl. 9, c. 68, fisheries, ii, 584, 588. Acts,—Scottish. 1563, Mary, parl. 9, c. 72 (62), glebe, ii, 418. — — parl. 9, c. 72, manse, ii, 411, 429. 1563 (1963), parl. 9, c. 74, adultery, i, 193. — — parl. 9, c. 76, kirk and kirk-yard, ii, 478. — — parl. 9, c. 79, notaries, i, 52. — — parl. 9, c. 83, tumults, i, 367, 377. 1567, James VI, parl. i., c. 5, mass, i, 191. - — parl. 1, c. 8, oath, ii, 324. - — parl. 1, c. 15, forbidden degrees, ii, 207. - — parl. 1, c. 16, game, i, 119, ii, 564. 1572, - parl. 3, c. 48, manse, ii, 411. – – parl. 3, c. 53, excom- munication, ii, 325. — — parl. 3, c. 54, kirk and kirk-yards, ii, 478,479. 1573, − parl. 4, c. 56 (53), salt, ii, 3. 1578, - parl. 5, c. 62, glebes, ii, 451. 1579, - parl. 6, c. 70, Sun- day, ii, 340. — — parl. 6, c. 74, beggars, ii, 26, and App. i, No. 40. — — parl. 6, c. 77, lawbur- rows, i, 403. — — parl. 6, c. 80, writs, i, 234. — — parl. 6, c. 84, planting, ii, 513. — — parl. 6, c. 93, lords of session, i, 201. 1581, - parl. 7, c. 111 (3), fisheries, ii, 586. INDEX. Acts, Scottish. 1581, Jas. VI, parl. 7, c. 103, juggs, i. 221, ii, 340. - — parl. 7, c. 113, wool, ii, 3. - — parl. 7, c. 113, woollen manufactures, iii, 308. - — parl. 7, c. 114, banquet- ting, ii, 3, 5. — — parl. 7, c. 126, mixture of wines, ii, 92. 1584, - parl. 8, c. 130, trea- son, i, 357. — — parl. 8, c. 133, papal notaries, i, 52. — — parl. 8, c. 134 (184), slanderers, i, 367. — — parl. 8, c. 141, fisheries, ii, 600. 1585, – parl. 10, c. 11, church benefice, ii, 429. 1587, - parl. 10, c. 24, hear- ers of mass, ii, 224, 351, — — parl. 11, c. 29, church Hands, ii, 437. — — parl. 11, c. 51, murder, i, 357. — — parl. 11, c. 59, game, ii, 564. — — parl. 11, c. 82, justice aires, i, 7, 42, — — parl. 11, c. 115 (114), measures, ii, 150. — — parl. 11, c. 118 (117), glebe, ii, 419. 1592,-parl. 12, c. 114 (116), church policy, ii, 314. — — parl. 12, c. 121, kirk- lands, ii, 438. — — parl. 12, c. 122, hearers of mass, ii, 350.” – — parl. 12, c. 124, Sun- day, ii, 340. — — parl. 12, c. 146, punish- | Acts, Scottish. 1592, Jas. VI, parl. 12, c. 142, setting of fire, i, 194. — — parl. 12, c. 149 (147), poor, ii, 76, and App. i, No. 41. 1593, − parl. 13, c. 163, Sun- day, ii, 340. — — parl. 13, c. 165, glebe, ii, 419. — — parl. 13, c. 175, writs, i, 234. — — parl. 13, c. 177, courts of justice, i, 193. — — parl. 13, c. 190, teinds, ii, 438. 1594, - parl. 14, c. 196, hear- ers of mass, ii, 350. — — parl. 14, c. 201, Sun- day, ii, 340. — — parl. 14, c. 214, game, ii, 564. 1597, − parl. 15, c. 74, poor laws, ii, 17. — — parl 15, c. 232, kirk- yard dikes, ii, 480. — — parl. 15, c. 231, bishops voting in parliament, ii, 314. —— parl. 15, c. 265 (261), fisheries, ii, 581. — — parl. 15, c. 269, lawbur- rows, i. 403. — — parl. 15, c. 270, game, ii, 564. — — parl. 15, c. 272, beggars, ii, 76. — — parl. 15, c. 277, prisons, ii, 275. — — parl. 15, c. 281, land- tax, iii, 6. 1600 (1604), – c. 11, coun- sellors, i, 193, note i. — — parl. 16, c. 11, fisheries ii, 581, 582, 587. vi INDEX, Acts, Scottish. 1600, James VI, parl. 16, c. 12, duelling, i, 193, and App. i, No. 20. — — parl. 16, c. 17, religion, , ii, 324. — — parl. 16, c. 18, hearers of mass, ii, 350, 351. — — parl. 16, c. 19, poor, ii, 28, and App. i, No. 43. — — parl. 16, c. 23, game, ii, 546, 548, 565. — — parl. 16, c. 4, invading the session, i, 193. 1600 (1610), — parl. 16, c. 23, game, ii, 556. 1606, - parl. 18, c. 2, pre- lacy, ii, 314. — — parl. 18, c. 2, rescind- ing acts dismembering kirks, ii, 440. — — parl. 18, c. 5, fisheries, ii, 582, 587. — — parl. 18, c. 7, glebe, ii, 420. — — parl. 18, c. 8, teinds, ii, 441. — — parl. 18, c. 13, steeping of lint, ii, 6. — — parl. 18, c. 17, assisting magistrates, i, 367, 377. 1607, − parl. 19, c. 2, weights and measures, ii, 147. — — parl. 19, c. 3, planting, ii, 514, 574. 1609, -parl. 20, c. 3, excom- munication, i, 89, ii, 325. — — parl. 20, c. 4, excom- munication, ii, 325. - — parl. 20, c. 5, mass, iii, 350. — — parl. 20, c. 6, prelacy, ii, 314. — — parl. 20, c. 7, justice Acts, Scottish. of peace, i, 5, and App. i, No. 4. 1609, Jas. VI, parl. 20, c. 13, gypsies, i, 193, and App. i, No. 44. — — parl. 20, c. 14, resigna- tions, App. i, No. 45. 1612, — parl. 21, c. 2, arrest- ment of delinquents, i, 112. — — parl. 21, c. 4, rape, i, 89. — — parl. 21, c. 5, teinds, ii, 441. 1617, - parl. 22, c. 1 & 2, prelacy, ii, 314. — — parl. 22, c. 2, chapters, ii, 440. —— parl. 22, c. 8, justices and constables opendoors,i,306, ii, 150, App. i, No. 5. — — parl. 22, c. 9, teinds, ii, 441. — — parl. 22, c. 10, poor, ii, 160, and App. i, No. 46. — — parl. 22, c. 20, taverns, ii, 338. 1621, - parl. 23, c. 10, glebe, ii, 451. — — parl. 23, c. 14, gaming, ii, 361. — — parl. 23, c. 16, weights and measures, ii, 150. — — parl. 23, c. 22, servants, ii, 161 — — parl, 33, c. 25, banquet- ting, ii, 4, 5. — — parl. 23, c. 30, game, ii, 553, 565. — — parl. 23, c. 31, game, ii, 549, 566. — — parl. 23, c. 32, game, ii, 563, 564. 1633, Charles I, parl. 1, c. 2, land-tax, iii, 6. HND ºx, vii Acts, -Scottish. 1633, Charles I, parl, 1, c. 5, schools, ii, 298. — — parl. 1, c. 8, teinds, ii, 464. ' — — parl 1, c. 14, teinds, ii, 443. — — parl. 1, c. 19, teinds, ii, 447. — — parl. 1, c. 21, grass, ii, 412. 1641, - parl 1, c. 45, plant- ing, ii, 514. 1644, - parl. 1, c. 31, manse and glebe, ii, 412,420. 1649, - parl. 1, c. 21, land- tax, iii, 4, 8. — — parl. 1, c. 39, patronage, ii, 477. 1661, Charles II, parl. 1, c. 4, convention, i, 307, ii, 530. — — parl. 1, c. 5, treason, i, 357. — — parl. 1, c. 5, arming lieges, iii, 279. — — parl. 1, c. 20, cursing of parents, 1, 194. — — parl. 1, c. 25, excom- munication, i, 89, ii, 325. — — parl. I, c. 34, clandes- tine marriages, ii, 226. — — parl. 1, c. 38, justice of peace, App. i, No. 9. — — parl. 1, c. 41, planting and enclosing, ii, 513. — — parl. 1, c. 33, fishing, ii, 600. — — parl 1, c. 44, seamen, iii, 237. — — parl. 1, c. 58, master and servant, ii, 160, App. i, No 9. 1662, — parl. 1, c. 2, treason, i, 357. Acts,-Scottish. 1662, Charles II, parl. 1, c. 6, power of the county, i, 330. 1663, - parl. 1, c. 10, minors, ii, 44. — — parl. 1, c. 16, beggars, ii, 160, App. i, No. 47. — — parl. i., c. 19, Sunday, ii, 340. — — parl. 1, c. 23, excom- munication, ii, 325. 1669, - parl. 2, c. 16, high- ways, ii, 484, 486, 496, 498, 506. — — parl. 2, c. 17, marches, ii, 534. 1670, − parl. 2, c. 3, supply, i, 347. — — parl. 2, c. 9, highways, ii, 484. 1672, — parl. 2, c. 4, supply, i, 347. — — parl. 2, c. 7, the great seal of Scotland, i, 36. — — parl. 2, c. 18, correction- houses, App. i, No. 48. 1681,– parl. 3, c. 3, supply, i, 347, iii, 43. — — parl. 8, c. 5, writs, i, 21. — — parl. 3, c. 15, treason, ii, 357. — — parl. 3, c. 18, jurisdic- tion, i, 1. 1685, James VII, parl. 1, c. 12, supply, i, 347. — — parl. 1, c. 16, nomina- tion of clerks to justices, i, 51. — — parl. 1, c. 20, game, ii, 549, 564, 565, 575. — — parl. 1, c. 34, pole-mo- ney, i, 347. — — parl 1, c. 38, regula- tion of writs i, 74. viii INDEX. Acts,<-Scottish. 1685, James VII, parl. 1, c. 39, highways, ii, 488, 513, 515, 530. 1686, - parl. I, c. 2. Supply, i, 347. — — parl. 1, c. 8, highways, ii, 484. — — parl. I, c. 12, cleaning streets, ii, 145. 1689, Will. & Mary, parl. 1, c. 3, abolishing prelacy, ii, 320. App. i, No. 58. — — parl. 1, c. 8, rescinding the forfeitures of Argyle, Jer- viswood, and other persons illegally condemned, ii, 3.17. — — parl. 1, c. 32, supply, i, 347, iii, 34. 1690, - parl. 1, c. 1, rescind- ing 1st act 2d parl. 1669, App, i, No. 58. — — parl 1,c.2, restoring pres- ‘ byterian clergymen, App. i, No. 59. — — parl. 1, c. 5, church po- lity, ii, 321, 335, App. i, No. 60. — — parl. 1, c. 6, 9, & 10, supply, i, 347. — — parl. 1, c. 18, rescind- ing forfeitures, ii, 317. — — parl. 1, c. 23, teinds, ii, 496. — — parl. 1, c. 27, recissory act, ii, 226. — — pail. 1, c. 28, recissory act, i, 13, 89, ii, 325, 335. 1693, − parl. 1, c. 4, soldiers, iii, 45, 48, 49, — — parl. 1, c. 5, fisheries, ii, 600. — — parl. 1, c. 9, pole-mo- ney, i, 347. Acts,—Scottish. 1693, Will. & Mary, parl. 1, c. 25, teinds, ii, 469. — — parl. 1, c. 27, advising criminal processes with open doors, App. i, No. 71. — — parl. 1, c. 41, schools, ii, 298. 1695, William, parl. 1, c. 10, supply, i, 347. ——parl. 1, c. 11, blasphemy, ii, 342. — — parl. I, c. 12, against irregular baptisms and mar- riages, App. 1, No. 62. — — parl. 1, c. 26, popery, ii, 351. — — parl. 1, c. 33, compre- hending, i, 342, iii, 47. — — parl. 1, c. 38, common- ty, ii, 542. — — parl. 1, c. 43, poor, ii, 28, 53. 1696, - parl. 1, c. 1, supply, App. i, No. 79. — — parl. 1, c. 15, deeds, i, 235. — — parl. 1, c. 23, soldiers, iii, 47. — — parl. 1, c. 26 (23), schools, ii, 298. — — parl. 1, c. 3%, acts of grace, ii, 286. — — parl. 1, c. 33, fisheries, ii, 594, — — parl. 1, c. 35, duels, App. i, No. 21. — — parl. 1, c. 41, pupils, ii, 270. 1698, - parl. 1, c. 8, regulat- ing buildings, ii, 99. ——parl. 1, c.9, soldiers,iii,48. — — parl. 1, c. 10, soldiers, iii, 49. INDEX, ix Acts, Scottish. 1698, William, parl. 1, c. 16, planting, ii, 522. — — parl. 1, c. 21, poor, ii, 28, 76. 1700, − parl. 1, c. 3, popery ii, 351. º 1701, - parl. 1, c. 6, wrong ous imprisonment, common- ly called the Magna Charta of Scotland, i, 467, App. i, No. 29. 1703, Anne, parl. I, c. 4, lea- sing making, i, 369. — — parl. 1, c. 7, discharging the importation of Irish vic- tual, i, 123. 1705, – parl, 1, c. 2, fisheries, ii, 600. 1706, - parl. 1, c. 2, land- tax, iii, 8. 1707, − parl. 1, c. 7, test, ii, 326. º — — parl. 1, c. 11, feu-duties, ii, 443. — — parl. 1, c. 13, game, ii, 556. *s — — parl. 1, c. 17, game, ii, ,563. Acts,--British. 1 Anne, c. 1, seamen, iii, 268. - – c. 2, § 18, ii, 188. - – c. 28, seamen, iii, 269. 2 & 3 – c. 6, seamen, iii, 256, 262, 263, 269, 274. 4 – c. 14, seamen, iii, 262. - – c. 19, seamen, iii, 260. 4 & 5–c. 19, seamen, iii, 256. 6 – c. 6, justices, i, 165, App. i, No. 1 1. - – c. 8, woollen manufac- tures, iii, 306, 307. 7 – c. 18, i, 70, Acts, British. 7 Anne, c. 21, treason, i, 194. 8 – c. 14, i, 70. 9 – c. 6, leather manufac- tures, iii, 315. - – c. 11, leather manufac- tures, iii, 313, 315. - – c. 14, gaming, ii, 365, &c. - — c. 20, i, 70. 10 – c. 7, toleration act, ii, 225, 227, 336. — — c. 12, patronage, ii, 477. — — c. 16, woollen manufac- tures, iii, 307. — — c. 18, deeds, i, 235. — — c. 26, insurance office, ii, 371. 12 – c. 7, i, 70. — — sess. 2, c. 18, stranded vessels, ii, 388. — — sess. 2, c. 23, i, 70. 1 Geo. I, stat. 2, c. 47, sol- diers, iii, 42. - – c. 5, riot act, i, 193. - – c. 13, oaths, i, 44. - — sess. 2, c. 39, i, 70. - – c. 48, planting, ii, 516. 2 – c. 26, execution of cri- minal sentences, i, 293. 5 – c. 29, penalties, meeting- house, ii, 346. - – c. 30, highways, ii, 485, 496, 499, 500. 6–c.3, illegal seizures, i, 123. - – c. 13, woollen manufac- ture, iii, 309. 8 – c. 2, lottery office, ii, 372. - – c. 6, quakers, i, 260, App. i, No. 13. - – c. 18, opposing custom- house officers, i, 196. - – c. 19, game, ii, 570. 10 — c. 18, woollen manufac- ture, iii, 311. INDEX, Acts,-British. 10 Geo. I, c. 12 & 29, smug- gling, i, 192. — — c. 25, prisoners, ii, 277. — — c. 39, i, 70. 12 – c. 34, assaulting manu- facturers, ii, 191, 192. 13 – c. 23, clothiers, ii, 81, 189, 205, iii, 306, 311. — — c. 25, linen manufac- ture, iii, 294, 302, 303, 304, 305. — — c. 26, linen manufac- ture, iii, 286, 288, 289, 291. 3 Geo. II, c. 25, jurors, i, 86. - – c. 32, execution of crimi- mal sentences, i, 294, App. i, No. 15. 6 — c. 53, oaths, i, 45. 7 – c. 9, highways, ii, 486. 8 – c. 29, lottery, ii, 372. 11 — c. 35, bail, i, 477. 12 – c. 25, leather manufac- turers, iii, 315. — — c. 29, gaols, ii, 278. 13 – c. 8, servants, ii, 188, 189. — — c. 17, seamen, iii, 256, 259,261, 262, 271. — — c. 19, horse-racing, ii, 377. 15 – c. 28, coin, i, 192. 15 & 16 — c. 27, woollen ma- nufactures, iii, 311. 16 – c. 18, justices acting where personally interested, i, 62. 17 – c. 5, vagrant act, ii, 81. 18 – c. 20, qualifications of justices, i, 41. — — c. 24, iii, linen, 296, • 297. - o e — — c. 27, transportation, i, 194. Acts,--British. 19 Geo. II, c. 20, gaming, i, 70. — — c. 20, indemnity, i, 70. — — c. 21, seamen, iii, 241. — — c. 30, seamen, iii, 266. — — c. 38, episcopal chapel, ii, 346. — — c. 38, penalties, meet- ing-house, ii, 346. — — c. 39, schools, ii, 306. 20 – c. 19, servants, i, 70, ii, 190, — — c. 43, appeals to the cir- cuit, i, 295,303, App. i, No. 16. 21 — c, 44, security to jus- tices, i, 68, App. i, No. 16. — — c. 34, penalties, ii, 306, 346. 22 – c. 21, linen manufac- ture, iii, 305. — — c. 27, linen manufac- ture, iii, 293, 305. — — c. 27, servants, ii, 188, 205. — — c. 33, seamen, iii, 421. — — c. 44, soldiers, iii, 51. — — c. 46, practitioners, i, 54. 23 — c. 13, servants, ii, 188, iii, 325. 24 – c. 20, linen manufac- ture, ii, 297. — — c. 28, linen manufac- ture, iii, 304. — — c. 31, recognizing the Linlithgow measure and Ji- men manufacture, ii, 156, iii, 287, 289, 290, 291, 294, 302, 303, 305. — — c. 35, indorsation of a warrant, i, 327, — — c. 40, selling spirits in prisons, ii, 281 INDEX. * Acts, British. 24 Geo. II, c. 41, linen manu- facture, iii, 300. - – c. 44, for indemnifying justices, does it extend to Scotland, i, 68, ii, 128. - - extends to lieutenants and deputies, iii, 93. - - c. 55, indorsation of warrants, i, 60. 25 – c. 36, vagabond, ii, 82. 26 – c. 2, game, ii, 571. - – c. 14, justices of peace, their dues, i, 53. -- c. 19, stranded vessels, ii, 388. - – c. 28, highways, ii, 490. 27 – c. 16, highways, ii, 490. - – c. 20, distress, i, 324. °8 – c. 1, seamen, iii, 54. 29 – c. 8, police, ii, 88. – - c. 33, servants, ii, 189. 30 — c. 3, woollen, i, 86. - – c. 12, servants, ii, 189, 204. 31 - c. 10, § 4, seamen, iii, 240, 241. - – c. 11, servants, ii, 100. - - c. 29, assize, ii, 102,115, 117, 121, 126, 137, 144. 32 – c. 15, turnpikes, ii, 503, - – c. 18, assize, ii, 120, - - c. 32, linen manufac- ture, iii, 298. 2 Geo. III, c. 15, seamen, iii, 256, 261, 962, .67, 274. - – c. 19, game, ii, 566. - -- c. 36, seamen, iii, 242, 243. 3 – c. 1, seamen, iii, 241. - – c. 6, bread, ii, 1 3, - – c. 8, sailors, iii, 240 - – c. 8, soldiers, iii, 52. * - c. 11, bread, ii, 128. Acts, British. 5 Geo. III, c. 25, stealing the mail, i, 194. - – c. 49, linen manufactures, iii, 298. 6 — 53, oaths, i, 45. - - c. 25, servants, ii, 190. 7 – c. 9, oaths, i, 48. - – c. 47, linen manufacture, iii, 302. 9 - c. 30, seamen, iii, 242. 11 – c. 40, treason, – – c. 53, highways, ii, 486. 12 – c. 45, highways, ii, 492. 12 – 57, plague, ii, 88. —- c. 61, gunpowder, App. i, No. 90. 13 – c. 5, 25, ii, 72. - – c. 28, seamen, iii, 268. — – c. 29, foundling hospi- tals, ii, 72. — – c. 31, indorsing war- rants, i, 461. – – c. 33, highways, ii, 518. - – c. 54, game, ii, 553, 554, 555, 556, 566, 575. f — — c. 58, prisons, ii, 278. — — c. 62, bread, ii, 133. — — c. 78, highways, ii 490. — — c. 82, § 5, bastard, ii, 72. 14 – c. 20, prisons, ii, 278. ––c.25, servants, ii, 189,194. 59, ºrigons, ii, 278. - – c. 71, woollen manufac- tures, ii, 306. 17 – c. 43, woollen manufac- tures, iii, 306. - – c. 55, combinations, ii, 192 - – c. 56, master and ser- vant, ii, 188, 192, 208, iii, 292. 18 – c. 63, turnpikes, ii, 503, iii, 35. - — C. xii INDEX, Acts, British. 19 Geo. III, c. 10, last com- prehending act, i, 343. — — c. 37, linen manufac- tures, iii, 304. — — c. 49, lace merchants, ii, 205. 20 – c. 36, bastards, ii, 72. 21 – c. 37, woollen manufac- tures, iii, 306. 22 – c. 40, woollen goods, or tools, ii, 191. — — c. 40, shop breaking, ii, 193. 23 – c. 15, woollen manufac- tures, iii, 306. 24 — sess. 2, c. 6, soldiers, iii, 52. — — c. 19, leather manufac- tures, iii, 313. — — c. 24 and 54, prisons, ii, 278. — — c. 47, smuggling, i, 193. 25 – c. 46, returning from transportation, i, 195. — — c. 50, game, ii, 572. — — c. 82, turnpikes, ii, 502. 26 – c. 76, woollen manufac- tures, iii, 306. — — c. 63, seamen’s wages and prize-money, App. i, No. 78. 27 – c. 1, lotteries, ii, 361, 373. 28 – c. 23, woollen manufac- tures, iii, 306. — — c. 34, plague, ii, 88. — — c, 38, woollen manufac- tures, iii, 306. — — c. 49, execution of war- rants in contiguous coun- ties, i, 59. — — c. 58, woollen manufac- tures, iii, 306. | Acts, British. 29 Geo. III, c. 8, plague, ii, 88. — — c. 46, ships, i, 192. 31 – c. 32, Roman catholic schoolmaster, ii, 354. — — c. 46, prisons, ii, 278. 32 – c. 33, seamen's wages, App. i, No. 78. — — c. 34, seamen’s wages and prize-money, ib. — — c. 45, vagabonds, ii, 82, 85. — — c. 45, prisons, ii, 278. — — c. 56, servants charac- ter, ii, 162. — — c. 60, juries, i, 216. — — c. 62 (60), libels, i. 216, note b. — — c. 63, episcopalians, ii, 346, 347, 848. — — c. 92, seamen, iii, 269. 33 – c. 44, Roman catholics, ii, 351. — — c. 54, § 25, bastards, ii, 72. — — c. 54, friendly societies, App. i, No. 81. — — c. 55, distress, i, 326. — – c. 74, poindings, i, 316, and App. i. No. 18. 34 – c. 40, lottery, ii, 374, 34 & 40, - c. 106, ii, 185. 35 – c. 9, supplying the navy, i, 302. — — c. 28, iii, 244, 245, 247, 248, 249. — — c. 101, vagrants, ii, 85. — — c. 124, woollen manu- factures, iii, 307. 36 – c. 7, sedition, i, 377. — — c. 8, petitioning the king, 1, 370. — — c. 22, bread, ii, 115. INDEX. xiii Acts, British. 36 Geo. III, c. 111, paper- makers, ii, 192. 38 – c. 5, land-tax, iii, 5. App. i, No. 80. — — c. 33, plague, ii, 88. — — c. 60, land-tax, iii, 9. 39 – c. 6 and 21, land-tax, iii, 9. — — c. 13, land-tax, iii, 14. — — c. 28, linen manufac- tures, iii, 298. — — c. 55, thirlage, ii, 409, App. i, No. 65. — — c. 56, colliers, i, 63. — — c. 79, seditious societies, i, 372. ——c.81, combinations, ii.,183. — — c. 90, ii, 88. — — c. 109, soldiers, iii, 29. — — c. 119, bail, i, 477. 39 & 40, - c. 67, title of the united kingdom of Great Britain and Ireland, i, 21. — — c. 48, linen manufac- tures, iii, 298. — — c. 66, leather manufac- tures, iii, 315. — — c. 99, pawn-brokers, App. i, No. 91. 41 – c. 12, bread, ii, 131. — — c. 16, ditto, ii, 115. — — c. 17, ditto, ii, 138. — — c. 30, seditious societies, i, 370. — — c. 53, leather manufac- tures, iii, 315. — — c. 72, land-tax, iii, 9. — — c. 97, linen, iii, 298. 42 – c. 22, pressing, iii. 269. — — c. 42, land-tax, iii, 14. — — c. 73, regulating work- houses, ii, 178. — — c. 106, servants, ii, 185. Acts, British. 42 Geo. III, c. 116, land-tax, iii, 10. — — c. 119, Scottish justices, ii, 375. 43 – c. 111, friendly societies, App. i., No. 81. — — c. 15, game, ii, 561. ——c. 53, leather, iii,316,319. — — c. 54, schools, ii, 298, App. i, No. 66. — — c. 68, linen manufac- tures, iii, 298. — — c. 96 and 120, arming liegis, iii, 279. — — c. 122, land-tax, iii, 14. — — c. 136, woollen manu- factures, iii, 312. — — c. 150, game, ii, 561. — — c. 151, cotton weavers, ii, 185, App. i, No. 64. — – c. 161. game, ii, 561. 44 – c. 64, woollen manufac- tures, iii, 312. — — c. 90, game, ii, 558. — — c. 92, for apprehending offenders escaping from one part of the united kingdom to another, App. i, No. 54. 45 – c. 5, game, ii, 561. — — fisheries between Cum- berland and Dumfries, &c. ii, 582. — — c. 10, concerning qua- rantine, and the means of preventing infectious dis- eases, ii, 88, and App. i, No. 56, — — c. 54, seamen, iii. 242. — — c. 71, game, ii, 561. — — c. 98, linen manufacture, iii, 298. 46 – c. 18, woollen manufac- ture, iii, 312. xiv. INDEX, Acts, British. 46 Geo. III, c. 29, pressing, iii, 269. — — c. 84, game, ii, 561. — – c. 90, arming lieges, iii, 279. — — criminal offenders, App. i, No. 84. - – c. 114, linen manufac- ture, iii, 298. — — c. 127, seamen, iii, 244, 246, 247, 248. 48 – c. 55, game, ii, 558, 563. — — c. 94, repealing Queen Anne’s act against shoot- ing hares, ii, 564. App. i. No. 70. — — 138, regulating the com- mission of teinds, App. i, No. 68. - – c. 143, concerning the retailing of liquors, iii, 301. — — c. 151, concerning the administration of justice in Scotland, App. i, No. 69. 49 – c. 125, friendly socie- ties. App. i, No. 81. 50 – c. 20, quarantine, App. i, No. 82. 51 – c. 46, ditto, ib. 55 – c. 42, jury trial, App. i, No. 85. — — c. 1, encouragement of petty officers, App. i, No. 88. — — c. 60, wills of petty of ficers, App. i, No. 89. — — c. 69, to regulate mad- houses in Scotland, App. i, No. 87 (86). — — c. 71, hawkers and ped- lars, App. i, No. 86. Acts of Sederunt. 1595, Dec. 31, anent notaries, i, 52. 1669, Jan. 15, assize, ii, 145. 1671, June 14, for relief of persons whose lives are in danger from confinement, ii, 284. * 1675, Feb. 5, liberation from jail, ii, 281. 1687, Jan. 29, assize, ii, 145. 1723, Dec. 25, striking the fiars, ii, 100. 1736, Jan. 16, assize, ii, 145, 1743, Feb. 25, ditto, ib. 1784, July 26, ditto, ib. Acts, Militia. 37 Geo. III, c. 103, the first militia act, iii, 56, 57. 38 – c. 12, enlarging the for- mer, ib. 39 – c. 72, amending the two first, ib. 41 – c. 67, farther amend. ments, ib. 42 – c. 91, superseding the former acts, ib. 96. 43 – c. 19, lengthening the time of yearly training, iii, 43 – c. 38, for the more speedy completion of the establishment of officers, iii, 97. 43 – c. 50, amending 42 Gco. III, c. 97, and raising the penalty to £15, iii, 97, — — c. 62, discharging sea- men, iii, 99, l00. — — c. 72, in favour of subal- torns, iii, 101. INDEX. XV Acts, Militia. 43 Geo. III, c. 89, concerning the families of militiamen, iii, 103. — — c. 94, concerning the yearly clothing, iii, 106. — – c. 100, ballotted man refusing to be examined, and stature of substitutes, iii, 107. — — c. 124, for rectifying a mistake in 43 Geo. III, c. 73, ib. 44 – c. 38, annual act for the clothing, ib — — c. 51, concerning sub- alterns, ib. — — c. 66, for a permanent additional force; repealed by 46 Geo. III, c. 51, iii, 108. 45 – c. 31, allowing militie- men to enlist, ib. — — c. 60, concerning dis- embodied subalterns, iii,109. - – c. 62, annual clothing act, ib. — — c. 90, retaining the mi- litia during the war, iii, 110. 46 – c. 21, concerning sub- alterns, ib. — — c. 140, concerning the pay of the militia, ib. 47 – c. 57, allowing a pro- portion of the militia to en- list, iii, 111. — — c. 71, increasing the militia, iii, 113. 49 – c. 4, allowing regiments to receive volunteers, iii, 124, — — c. 53, allowing a limit- ed number to be raised by beat of drum, iii, 125. VOL. III. Acts, Militia. 50 Geo. III, c. 24, providing relief for the families of those so raised, iii, 126. 51 – c. 17, act of indemnity, ib. — — c. 20, to allow a pro- portion of the militia to en- list into the regular forces, ib. — – c. 118, permitting the interchange of British and Irish militias respectively, iii, 130. — – c. 128, in relation to the allowances for men volun- lunteering to Ireland, iii, 133 53 – c. 81, in relation to the provision of wives of militia- men after their return home, iii, 134. 54 – c. 1, enabling his Ma- jesty to accept the services of a proportion of the mili- tia out of the united king- dom, for the vigorous pro- secution of the war, App. i, No. 92. - – c. 20, explaining and amending the former, ib. 55 – c. 65, amending the laws relating to the militia of G. Britain, ib. — — c 77, authorising his Majesty to draw out and embody the British and Irish militia, or any part thereof, ib. Acts, Local Militia. 52 Geo. III, c. 63, general lo- cal militia act, repealing all former enactments, iii, 137, 200. B d xvi. INDEX." Acts, Local Militia. 55 Geo. III, c. 76, enabling his Majesty to accept the services of the local militia, either in or out of their counties, App. i, No. 93. Act, Volunteers. 44 Geo. III, c. 54, repealing all former acts, and contain- ing the whole code, iii, 201. Act of indemnity for omitting to take the oaths to govern- ment, i, 48. Acts of parliament, public and general, i, 230. — private and particular, i, 231 — private, deemed public, ib. — pars judicis, to take notice of, ib. — evidence of, ib. — what ordered to be read at sessions of the peace, i, 86. Actions, kinds of, i, 101. — civil, ib. — criminal, i, 104. — penal, i, 101. — — See Transference, Re- presentatives, Prosecutor, &c. — at the suit of masters, on account of servants, ii, 168. See Combinations. — on excise laws, limitations of, iii, 354. — when they prescribe, under 42 Geo. III, c. 91, iii, 96. — — under 52 Geo. III, c. 68, iii, 199. — concerning volunteer corps, in whose name to be brought, iii, 217. Additional officers appointed for the supplementary mili- tia, iii, 90. — military force, 43 Geo. III, c. 124, rectifies a mistake in 43 Geo. III, c. 73, concern- ing, iii, 107. — permanent force by 44Geo. III, c. 66, iii, 108. — in counties where there is any deficiency of militia- men, a number equal to such deficiency is to be raised for, iii, 108. * Adjoining county, may a local militiaman be called beyond, iii, 163. — — when a justice's war- rant, by 48 Geo. III, c. 49, is of force in the, i, 59. Adjutants from the army or mi- litia, may they be appointed to the rank of captain in the militia without the qualifi- cation, iii, 75. — if so, what pay have they, ib. — their rank when so appoint- ed, ib. — may he be appointed cap- tain to a company, and vice versa, iii, 76. —absent without leave, iii, 85. — for how long with leave, ib. — what does 45 Geo. III, c. 31, prescribe to adjutants to do, if from militiamen en- listing, the corps exceed or fall short of the quota of the county, iii, 109. prohibited from insuring against the militia, iii, 99. — of the militia, their duty in * INDEX. xvii sending returns under 47 Geo. III, c. 57, iii, 113. Adjutant in the local militia, may he be captain of a com- pany, and vice versa, iii, 161. Admiralty commission for pres- sing, iii, 270. ſ Adultercrand adulteress, could they intermarry by the Ro- man law, ii, 211. Adultery, divorce, an account of, ii, 237. — violating the King's wife, i, 360. Advocation, is procedure stop- ped by, i, 297. —incompetency under the mi- litia act 42 Geo. III, c. 91, iii, 95. ! — under 47 Geo. III, c. 71, iii, 124. | — under local militia 52 Geo. III, c. 68, iii, 199. – not competent to sist an order of conviction, ib. Affinity a bar to marriage, ii, 210. — different kinds of, ib. — from an illicit intercourse, ii, 209, b and c. — spiritual, ii, 211. Affirmation, must be proved, i, 285. i. Affray, i, 389. — power of a constable in an, i, 305, &c. Age, persons under, ii, 271. — enlisting under 18, when is he entitled to a discharge from the infantry, ii, 26. — from the cavalry, ib. — from the artillery, ib. | | | Age, what exempts from press- ing, iii, 261. — what exempts from the mi- litia, iii, 63. — what exempts from the lo- cal militia, iii, 143. — at which, persons may vo- luntarily enrol under local militia, lii, 155. — of special constables, under local militia act, iii, 144. — persons under, may their declarations be taken, i, 269. Agent, can he be witness for or against his client, i, 273. Agents for the militia regi. ments, by whom and where appointed, iii, 85. — confidential communica- tions of their clients; can they be compelled to dis- close, ib. Alder, is it timber under the statute, ii, 517, 518. Alehouses, haunting after ten at night, ii, 338. f — licence, by whom, and for what, may it be recalled, i, 374. — deemed licensed for reading publications under 36 Geo. III, c. 8, i, 374. — excise licences necessary, iii, 379. Almenor, lord (Andrew Prin- gle) his opinion as to the lord advocate's liberty to refuse concurrence, i, 96, b. Alexander II, improvement in the criminal jurisprudence during his reign, i, 395. Alfred the Great, his institu- tion of franc pledges, i, 400. D d 2 xviii IND EX, Alien enemy, when may he Amusements, statutory regula- bring an action in this coun- try, App. iii, No. 74. Aliment till the term, widow's claim to, ii, 236. — lawful children, ii, 258. — of natural children, ii, 268. See Bastard. — why are the justices comł petent to decern for the ali- ment of natural children, and not of lawful kindred, i, 118, — of a prisoner for debt, ii, 286. Allegiance, oath, of i, 44. Allocation of teinds, rules of, ii, 469. - Allodial, is the minister’s glebe, ii, 418. Allowance to militiamen com- ing from a distance, iii, 79. — to their families, when does it begin to be paid by 43 Geo. III, c. 89, iii, 106. — to volunteers assembled, iii, 211. — to focal militiamen's wives and families, iii, 150. — to local militiamen when drawn out, iii, 185. Almsgiving,compulsory among the Jews, ii, 15. Alteration in building belong- ing to more than one pro- prietor, ii, 390. Altius non tollendi, servitude of ii, 403. Alveus of a river, encroach- ments on, ii, 393. Ambrose, St. his testimony as to the antiquity of the priest's blessing in marriage, ii, 218. { tions concerning, ii, 5. Ann in ecclesiastical law, ii, 476. Annan river, why its fisheries at one time were not subject to the same regulations as other rivers, ii, 582. Annexation of the temporalty of benefices, were tithes in- cluded in, ii, 437, b. Annexed lands quoad sacra, is the repair of the manse a burden on, ii, 417. Antient regulation concerning the police, ii, 2. ——for holding money with- in the realm, ii, 3. — — to regulate dress, ii, 5. — — luxury of the table, ib. — — amusements, ib. Anthony, Marc, challenges Augustus Caesar to single combat, i, 394, d. Apostolical notaries, i, 51. Apparel, statutory regulations concerning, ii, 3. Apparent heir of a peer, may he act as a local militia of. ficer without a qualification, if he has a residence, iii, 141. Appeal to the quarter-sessions, i, 295. — from a conviction relative to the assize of bread, ii, 126. — from a conviction concern- ing combinations of work- men, ii, 185. — 43 Geo. III, c. 151, con- cerning cotton weavers, ii, 187. IND EX. xix Appeal from the commission- ers, concerning the redemp- tion of the land-tax, iii, 13. — concerning the manufac- ture of hides, iii, 319. — under vagrant act, ii, 87. — from an interlocutory sen- tence, is procedure stopped by, i, 295. – to the circuit court of jus- ticiary, ib. — reasons of, to be lodged with the clerk, ib. — from the sub-commission- ers of excise, iii, 370. — in excise matters, when competent from the justices, ib. — regarding the ballot, under 47 Geo. III, c. 71, iii, 116. — to the quarter-sessions, un- der militia act 47 Geo. III, iii, 124. — from the court of session, to the house of lords, App. i, No. 69, § 19. Application of penalties, by 47 Geo. III, c. 71, iii, 117. — of the surplus money un- der the militia act 47 Geo. III, c. 71, ib. — of all fines of £20 sterling incurred by ballotted men, ib. — of £60 under militia act 47 Geo. III, c. 71, incurred by default, iii, 120. — of fines under local militia act 52 Geo.III, c. 68, iii.,198. Apportioning militiamen a- mong the parishes, iii, 114. Apportionments, militia, the duty of clerks of subdivision in regard to, ib. Apprehend delinquents, who may, i, 375, See Arrest. Apprentices, can they be bal- lotted for the militia, iii, 67. — are persons liable to serve who are fraudulently bound as, ib. — are they at liberty to enlist into the local militia, iii, 155. — to the Greenland fishery, are they liable to be pressed, iii, 268, -— to the seafaring line, what exemption have they from being pressed, iii, 262. — must the indenture be shewn, to insure the exemption from being pressed, iii, 268. Arable lands, ii, 432. — — if there be none adjacent to the manse, what does the minister get inlieu of, ii, 414. Arca, Jewish, ii, 12. Archery, ancient regulations concerning, iii, 279. Archbishop of York, a conser- vator of the peace within his rounds, i, 4. Argyle, the old earl of, prin- ciples of the congregation declared by, ii, 313. — earl of, his condemna- tion declared by the DE- CLARATION and CLAIM OF RIGHT, to be a scandal and reproach to the justice of the nation, ii, 316. — his forfeiture rescinded af- ter the revolution, ii, 317. — county of, its number of the militia under 42 Geo. III, c. 91, iii, 62. — of the local militia, under 52 Geo. III, c. 68, iii, 142. XX INDEX. Argyle, county of, its quota of supply under 1696, c. 1, App. i, No. 79, — under 38 Geo. III, c. 5, ib. No. 80. Armour, ancient, regulations concerning, ii, 338, and iii, 277. Armorial coat. See Coat ar- morial. — — may a bastard assume, ii, 254. Arms. See Offensive. — of militiamen, penalty for buying, iii, 80. — for pawning, ib. — how marked when deliver- ed to the men, ib. – when not embodied how kept, iii, 81. – of local militiamen, penalty for buying, iii, 171. — for pawning, ib, — how marked when deliver- ed to the men, iii, 171. — when not embodied, how kept, iii, 175. — of volunteers, deposit of, iii, 214. — buying or selling, iii, 215. — damaging or losing, ib. — delivery of, by corps, iii, 218. Army, feudal, i, 341, iii, 25. — standing, ib. Arnot's criminal trials, the names of the jurymen who acquitted Carnegie of Fin- haven, recorded in, i, 217. Arrears of teind, are they deli- ta fundi, ii, 442. t — excise, have justices juris- diction in, iii, 346. Arrels, ii, 161, 162. Arrest, are wages due to a ser- vant prevented from working by, ii, 174. — where a method of com- mencing all actions, i, 425. — in prison, i, 226. — without a warrant, i, 457. — by a verbal order, i, 458. —by a written warrant, i, 460. — who may raise the county to, i, 332. — what makes an, i, 333. — in the night, is it lawful, ib. — what must be done after an, i, 334. — within borough, i, 429. — to create a forum, i, 433. — is a man free from, during his attendance at the ses- sions, i, 79. — what happens after, i, 324. Arrestment, a mode of enforc- ing the decrees of the jus- tices, i, 291. — different meanings of, i, 309. — breach of, i, 313. Art and part in a mob, i, 376. Articles exhibited in a criminal trial, i, 238, 239, — of war, iii, 28. — how far the militia are sub- ject thereto, iii, 78. — local militiamen, iii, 166. — volunteers, iii, 207. — of union, as to the preser- vation of the ancient laws of Scotland, i, 18, and App. i, No. 10. — as to the preservation of the presbyterian form of church government, ii, 328. Artificial proof, i, 239. Artificers, seducing, to leave the kingdom, iii, 324. INDEX, xx1 Asp, is it timber under 6 Geo. III, c. 48, ii, 517. Assemblings, seditious, i, 370. Assessments on the county, if the quota of militia is not raised within a limited time, iii, 91. – when wholly paid upon any place, what is the receiver- general's duty, iii, 92. — for relief of the families of militia, under 43 Geo. III, c. 89, iii, 106. — for the £50 penalties on de- ficientcounties under militia act 47 Geo.III, c. 51,iii,123. — for the poor, wise and salu- tary provisions of the Scot- tish law concerning, ii, 27. – for the salary of the paro- chial schoolmaster, ii, 301. Assize. See Jury. — of bread, ii, 101. – if the magistrates neglect their duty respecting the assize of bread, who may correct them, ii, 143. Associations for preserving the game, legality of, i, 91. Assumption of the thirds, ii, 438. Assurance, oath of, i, 45. Assythment, i, 94. — If the nearest do not, may those more distantly con- nected, bring the action, ib. Atheism, laws concerning, ii, 346. — ought it to be punishable by the magistrate, ii, 343. b. Athenian law, permitted mar- riage between brother and sister by the father, ii, 209,a. Attachment. See Arrest. — anciently the beginning of actions, i, 426. Attendance of volunteers under 44 Geo. III, c. 54, iii, 203. — of witnesses how enforced, i, 253. Attending the militia ballot, al- lowance to men not drawn, iii, 89. Attestation of inlisted soldiers, iii, 28. Attorney in exchequer, his du- ty if the penalty under 42 Geo. III, c. 9, be not paid into exchequer, iii, 93. Augmentation of parochial sti- pends, after what interval may it take place, ii,465, and App. i, No. 68, § 2. — whether to be given in grain always, ii, 466, and App. i, ib. § 8. —, who called in processes of, ii, 4, and App. i., ib. § 17. — can the teind court aug- ment a second time, ii, 465, and App. iii, No. 14. Augustine, St. of Canterbury, the pope's letter to him the first instance of the canon law computation, il, 208, a. — of Hippo, his rules follow- ed by regulars, ii, 436, b. Augustus Caesar challenged by Marc Antony to single com- bat, i, 394, a. — — used lotteries as a pas- timeatentertainments,ii,379 J Avoirdupois, ii, 152. Authority to keep the peace, what offices give it, i, 2. Ayr, does it form a battalion of militia by itself, iii, 72. xxii INDEX, Ayr, its number of militiamen under 42 Geo. III, c. 91, iii, 61. — its number of local militia- men under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — — under 38 Geo. III, c. 5, App. i, No. 80, B. Badges for begging, ii, 39. Bail under the act 1701, c. 6. i., 475, &c. Bailie of the Abbey, i, 417. Baillie of Jerviswood, his con- demnation declared in the DEcLARATION and CLAIM of RIGHT to be a scandal and reproach to the justice of the nation, ii, 316, a. Balfour, president, treats of the coroners, i, 5. Ballot, militia, who exempted from, under 42 Geo. Ill, c. 91, iii, 70. — who, under 43 Geo. III, c. 50, iii, 98. — under 47 Geo. III, c. 71, iii, 118. — takes place on a vacancy by death, promotion, or dis- charge, iii, 69. — not when a private is ap- pointed a non-commissioned officer, ib and iii, 154. — takes place under 42 Geo. III, c. 91, if, when the mi- litia is embodied, a man be absent for three months, iii, 88. – if a vacancy may be sup- plied from the supplemen- tary privates, iii, 90. Ballot, allowance to men at- tendng, but not drawn,iii,89. — may it take place if a per- son does not appear in a month, iii, 97. — under 44 Geo III, c. 66, not to take place till the mi- litia be reduced to the ori- ginal quota under 47 Geo. III, c. 91, iii, 108. — under 47 Geo. III, c. 71, iii, 114. — under 47 Geo. III, c. 71, how may the time of, be ex- tended, iii, 115. — how long may it be extend- ed, in the case of new lists, ib. — how long, in the case of a- mended lists, ib. — under 47 Geo. III, c. 71, ib. — if all the militia have not been ballotted in any county what is to be dome under 47 Geo. III, c. 71, iii, 113. — for the local militia, under 52 Geo. III, c. 68, within what ages does it take place, iii, 148. — for — acts, relative there- to, ib. — volunteers exempt from service only, but not from, iii, 206. Ballotted for — cannot pro- vide a substitute, iii, 147. — for — act 52 Geo. III, c. 68, what fine does he pay in case of non-appearance, iii, 151. – man, enrolled for an- other, what proportion of the fine of £20 may he get INDEX, xxiii under 47 Geo. III, c. 71, iii, 116. Ballotted man, if he be impri- soned for refusing to be ex- amined, shall, under 43 Geo. III, c. 103, be liable to be enrolled, if fit for service, iii, 107. — — how long is he exempt. ed from the local militia, who has served, or found a substitute, in the regular mi- litia, or paid a fine for not doing so, iii, 149. — — oath taken by, iii, 66, note C. — — whom, under 42 Geo. III, c. 91, may he produce as his substitute, iii, 66. — — serving, how long is he exempted by 42 Geo. III, c. 91, iii, 67. — — not appearing, what fine by 42 Geo. III, c. 91, do they pay, iii, 68, c. — — by 47, Geo. III, c. 71, iii, 116. — — not appearing, do they, if quakers, pay a fine, by 42 Geo. II, c. 91, ib. — — not appearing, and pay- ing a fine, how long are they exempted under 42 Geo. III, c. 91, iii, 68, c. — — changing his place of residence, where is he liable to serve under 42 Geo. III, c. 91, ib. — — having two places of re- sidence, ib. — — must, by 43 Geo. III, c. 50, take an oath before enrollment, iii, 98. Balloting under 43 Geo. III, c. 50, concerning the supple- mentary militia, iii, 98. Ballotting, making out lists for, ib. — age within which, ib. — neglect to appeal how pu- nished, iii, 144. Banff, its number of militiamen under 42 Geo. III, c. 91, iii, 62. — with what county does it compose a battalion of mili- tia, iii, 72. — its number of local under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79, — — under 38 Geo. III, c. 5, ib. No. 80. Banishment from the county, i, 198. — different kinds of, i, 194. — from Scotland, i, 196. — is the jurisdiction of the state over the individual end- ed by, i, 197 Bann in feudal law, i, 321. Banns, ii, 224. — if the minister refuse to proclaim, i, 120. Baptisms, right of the kirk-ses- sion to exact fees at, ii, 25. Barley. See Bear. Barn, does a manse include, ii, 413. Baron courts, are they of re- cord, i, 73. Baronial courts, established by Oliver Cromwell, i, 129. Barony, boroughs of, are they bound to have prisons, ii, 275. Barrel of ale, its contents, iii, 343. xxiv. INDEX, Basileus. See Emperor. Bastardaliment,how competent before the sessions, i, 115. — decrees,how enforced,i,291. — custody of, ii, 267. — in what respects the bas- tard’s connection with his natural father is taken no- tice of by the law of Scot- land, ii, 267. — can a soldier be arrested till he find caution for ali- menting his, iii, 38. Battalion, local militia of more than one county, may be joined to form a, iii, 158. — clerk not to be appointed captain of a company, nor vice versa, 42 Geo. III, c. 91, iii, 76. Battalions of militia, how ma- my, iii, 72. — under 420 privates, what officers have they, iii, 73. — having five companies, ib. — having eight companies, ib. — where formed from more companies than one, upon what principles the officers are named, iii, 74. Battle powder, how much may be made at once, 12 Geo. III, c. 61, sec. 3, App, iii, No. 89. Bear, ii., 467. Beating on account of a gam- ing quarrel, ii, 377. Beating up for militia volum- teers disallowed, iii, 71. Bede’s account of the establish- ment of christianity in North Britain, ii, 311. Beech, is it timber under 6th Geo. III, c. 48, ii, 517. Beggars, acts of parliament, and proclamations of the privy council concerning,11, 20, &c. and App. i, Nos. 30–54. Behaviour. See Surety. Bell of the church, ii, 383. Beloved, the term used in Eng- land by the king in writing to a subject, i, 25. Beneficium competentia, ii, 291. Benefices, of old, how divided, ii, 418. — act making ecclesiastical persons leave the benefice as. good as they found it,ii,419. Benefit, what necessary in case of a mutual fence, ii, 532. — of clergy, ii, 191, c. Benevolences, why taxes were so called, iii, 2. Berwick, along with what coun- ty does it compose a batta- lion of militia, iii, 72. — its number of militia under 42 Geo. III, c. 91, 7, iii, 61. — its number of local militia under 52 Geo. III, c. 68, iii, 142. – its quota of supply, App. i, No. 79 and 80. * Billetting of militiamen by 42 Geo. III, c. 91, iii, 79. — of volunteers, iii, 212. Birch, is it timber under 6. Geo. III, c. 48, ii, 517. Bishop, when he appointed one to serve the cure for him, was it a presentation or col- lation, ii, 439, b. Bishops, what are conservators of the peace within their bounds, i, 3, d. — churches, ii, 435. INI) EX, XXV Bishop's teinds, ii, 434. Blackstone, Sir William, his view of the toleration act, ii, 337. — his opinions as to the king’s property in the game examined by Dr. Christian, ii, 547, d. — his severe remark respect- ing the qualification requir- ed by the English game laws, ii, 569, c. Bleaching of linen cloth, iii, 292. Boatmen, ferry, are they liable in statute labour, ii, 496. Bona ſides, is disobedience to act 1701, c. 6, excused by, i., 468. — effect of, in questions of le- gitimacy, ii, 253. Bone manufactory, payment of wages, ii, 205. Borough. See Town, Nuis- ance, Gunpowder. — head of the shire, what ses- sions are held there, i, 77. — — of the shire, may the county sessions beheld there, if it be an incorporation within itself, i, 77. Boroughs royal, the magis- trates of some are consti- tuted keepers of the peace, by their charters ratified in parliament, i, 4. —— qualifications of deputy- lieutenants in, iii, 58. — parish partly within. See Parish. JBounty to local militia volun- teers transferring themselves till certified, iii, 143. Bow-marks, ordered to be set up in every parish, iii, 278. Braxfield, Lord. SeeM'Queen. Breach of trust, what acts of theft are competent be- fore the sessions under the denomination of, i, 184. Bread, assize of, ii, 101. — of other grain than wheat, ii, 114. – wheaten, of inferior quality to the assize, how marked, ii, 114, 115, 119. – inferior to wheaten, not to be sold highcr than house- hold, ii, 109. — weight of, ii, 130. — deficiency of weight, ii, 115, 117. — powers of the magistrates to search for, ii, 131. – obstructing the search pu- nishable, ii, 132. – standard wheaten, ii, 134. — wheaten, ii, 130. — household, ib. Breadth of the highway,ii,486. Brethren, how far bound to aliment each other, ii, 261. Bridges and ferries, ii, 506. Brieves, actions of old insti- tuted by, i, 169. — when did the form go into disuse, ib. — why it did not do so in Eng- land, ib. — consequences of the disuse of, ib. British constitution different from ancient monarchies, ii, 312, b. — seas, the king's property therein, ii, 385. xxvi iN DEX, British statutes, remarks on their phraseology, as appli- cable to Scotland, ii, 188. Brodie, William, his seizure in Holland, i, 111. Brothels, ii, 339. Buchanan, George, his charac- ter of David I, i, 20, a. — his account of David I, judging causes, ib. — his account of the nobile off- civm of the court of session, i, 136. —his poetical eulogium on Scot- land, ii, 295. — his political speculations tinctured with ancient learn- ing, ii, 311. Buckler and knife, who obliged to have, ib. Bulaeus, his account of the ori- gin of the university of Paris, ii, 295, c. Burgh. See Borough. Burning of wood, ii, 517. Burying ground. See Church- yard. — religious among the Romans, ii, 383. — when is it juris privati, ib. Bushel, Winchester, ii, 154. Bute, with what county is it joined in making up a bat- talion of militia, iii, 72. — its number of militia un- der 42 Geo. III, c. 91, iii,61. — qualification of deputy-lieu- tenants under 42 Geo. III, c. 89, iii, 48. — its number of local militia- men under 52 Geo. iii, c. 68, iii/ 142. – its quota of supply, App. i. Nos. 79 and 80, Buying game, ii, 565. Byre |. house) does amanse include it, ii, 413. C Caithness, weights of, ii, 148. — its number of militiamen under 42 Geo. III, c. 91, iii, 62. — with what counties does it compose a battalion of mili- tia, iii, 72. —its number of local militia un- der 52 Geo. III, c. 68,iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — — under 38 Geo. III, c. 5, ib. No. 80. Caledonians, ancient, ii, 311. Calumny, oath of, i, 250. — when the pursuer must give his oath of, i, 93. Cambrics, or French lawns, ii, 229. — stamping of, ib. Camden, Lord, his definition of the discretion of a judge, i, 173. Cameronians, ii, 317. Canon law computation , ii, 209 — — when introduced, ib. — — the canonists whimsical explanation of 208, a. — — its injunctions touchin schools, ii, 297. — — on whom did it lay the expence of repairing the church, ii, 478. Capacity, measures of, iii, 154, Capital punishments, after what interval can they be put in execution, i, 293. — — on what principle justi- fiable, i, 188 INDEX, XXV Capital punishments, methods of infliction in different coun- tries, i, 188. — letters, according to Lord Stair, our duty to parents is written in the human heart with, ii, 251. Captain in the militia, his qua- lification, iii, 57, 139. Card-makers must pay their workmen in money, ii, 203. Carriages meeting on the high- way, ii, 493. — left in the streets, ib. — wheels, ii, 494. — for soldiers, iii, 47. — by whom provided for mi- litiamen under march iii, 79. Cart, penalty for riding on, ii, 491. - two carts not to go abreast, ii, 492. -- not to be left in the streets without a driver, ii, 493. – and horses, who liable to furnish them, or who may contribute money for the highway, ii, 498. — road, servitude of, ii, 405. Carts and horses removing smuggled goods, duty of jus- tices in regard to, iii, 337. Casket. See Seal. Casting about the high-way, ii, 488. Cathedral schools, ii, 297. a. Cattle trespassing, must they be detained to give the be- nefit of act 1686, c. 11, ii, 527. – meaning of the term in sta- tutable language, iii, 316. Cavalry, volunteer, ii, 201. Cavalry, volunteer, when may they transfer their service in- to the local militia, iii, 147. Causewaying the channel of a river, ii, 592. Caution de dolo, i, 400. — when must the pursuer of an action find caution to pay the expences, if he does not succeed in the action, i, 66. Caution. See Security. — judicio sisti, i, 430. — may retire to the sanctuary, who is under, i, 442. Cedar trees, are they timber trees under 6 Geo. III, c. 48, ii, 518. Celebrate, who entitled to ce- lebrate marriage, ii, 226. Ceremony of marriage, though performed by a clergyman, did not constitute marriage, ii, 215. Certificate of a prisoner’s bad health, ii, 284. — stamped for killing game, ii, 558. — must be produced, ii, 560. — who entitled to ask produc- tion of, ib. — stamped, if taken out for a menial servant, ib. 559. — to entitle the family of a malitiaman to receive main- tenarice, iii, 460. Certification, banishment un- der, i, 195. Caesar, Augustus, employed lotteries as a pastime at en- tertainments, ii, 379. — Julius, his account of the single combats of the ancient Germans, i. 394. Cess or land-tax, iii, 1. xxviii INDEX. Cess, what things pay, ii, 598. — in England, iii, 3. Cessio bonorum, ii, 288, 289. Chalcidic cities of Italy, their laws, preface to the code of laws for, ii, 308, a. Chalder of Culross, ii, 152. Challenge, giving and accept- ing, i, 396. Chancellor, lord high, has no jurisdiction in Scotland as keeper of the peace, i, 2. Channel of a river, juris publici, ii, 595. — — erections thereon,ii,386. — — causewaying it, ii, 592. Chapel qualified, disturbing, ii, 349. Chapters, when restored, ii, 440. Characters of servants, ii, 162. Charcoal, by 12 Geo. III, c. 61, § 10, not to be kept near gunpowder, App. i, No. 89. Charge on decree of justices, what number of days does it allow, i, 291. Charles I, his inconsiderate pressing of the liturgy, ii, 3.14. g — his improvement of the law of tithes, ii, 440. — revocation of impropria- tions, ib. — decrees arbitral, ii, 442. — II, applied for a writ of law- burrows against his subjects, i, 409, b. Charities, public, in pagan times no institution for, ii, 8. Charondas, his system of laws, ii, 308, a. Charter, oldest that has as yet appeared, i, 23. — golden, of the city of Edin- burgh, i, 4, App. iii,No. 18. Charters ratified in parliament give the magistrates of some royal boroughs, a charge of the peace, i, 4. — justices, by, have they the same powers with justices named in the commission, i, 4. Charters, Rev. Dr. his testimo- ny in favour of the Scottish poor laws, ii, 21. Chastisement, distingnished by Dr. Hutcheson from punish- 'ment, i, 187, b. – by a master to a servant ii, 170. Chelsea, have the wounded mi- litiamen the benefit of, iii, 85. — have local militiamen the benefit thereof, iii, 185. - volunteers, iii, 213. — pensioners, when local mi- litiamen, do they receive both the Chelsea allowance and their pay, iii, 165. Chesnut-trees, are they timber under 6 Geo. III, c. 48, ii, 517. Children, no person having more than two, to be re- ceived as a substitute in the militia, by 43 Geo. III, c. 89, iii, 106. — and parents, ii, 251. — Lord Stair's account of their duty to their parents, ib. — is the place of their parents settlement theirs, ii, 62. INDEX: xxix Children, their share of the community, ii, 241, 242. — if bound to maintain their parents, ib. — natural. See Bastard. Christmas vacation, mullity of a decree pronounced in, i, 78. Christian religion, when first planted in Scotland, ii, 310. Christians, early, their charity, ii, 16. — their attention to the edu- tion of youth, ii, 296. Christian, Edward, Esq. bar- rister at law, his remark on the extent of the pardon to an offender becoming king’s evidence, i, 466. * — his translation of Homeste vi- were, i, 354, b. — his examination of Black- stone’s opinion as to the game in England never hav- ing beenvested in the crown, ii, 547, d. Church, is it res religiosa, ii, 383, 477. — who are liable to build a, ii, 479. — — to uphold, ib. — the expence of building in parishes partly landward, ii, 479. – may the heritors concert the plan, ib. — of Scotland. See Reforma- tion. — of Scotland, its indepen- dency, ii, 311. — lands, what as such liable to be designed as glebe, ii, '411. Church, persons are to serve'in the militia of the county where is the site of the pa. rish, iii, 153. — policy, its enactment re- specting schools, ii, 297. 'Church-yard, how far religious, ii, 383, 480. Churchman, regular and se- cular, ii, 435. — — can the minister pasture his cattle thereon, ii, 483, c. — — dike, ii, 480. Churches, common, ii, 439. — patrimonial, ib. a. — mensal, ib. a. — proper, ib. a. — patronate, ib. a. — parish, law concerning, ii, 477. * Cicero. M. Tullius, his defini- nition of peaee, i, 354. Circumstantiate evidence, i, 280. ..Cistertians, had their property any exemption from pay- ment of tithes, ii, 452. — when did that order first acquire landinscotland,ib.a. Citation of party and witnesses, i, 105, 310. — without inhibition, is tacit relocation of teinds inter- rupted by, ii, 463. — of excise, summary, iii, 358. Cities, power of the county justices within cities which are counties within them- selves, i, 57. — dispute in the case of Edin- burgh, ib. Civil action, against a justice, must it, in England, be aban- XXX. INDEX, doned before a criminal one be raised against him, i, 67. Civil action, must the pursuer find security to pay costs, if nonsuited, i, 66. — jurisdiction, instances of it belonging to justices of the peace, in seeming opposition to the general rule, i, 116. — law, doctrine of, respecting the transmission of actions, i, 100. – respecting prosecutions, i, 88. — jurisdiction, its origin, i, 105. — wrong, means of prevent- ing, i, 424. City of Edinburgh, its golden charter, i, 4, App. iii, No. 18. Clackmannan, its number of militiamen under 42 Geo. III, c. 91, iii, 61. — with what county does it compose a battalion of mili- tia, ib. — its number of local militia- men under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — — under 38 Geo. III, c. 5, App. No. 80. Clandestine. See Marriage. — valid, though punishable, ii, 212. Clause, cum communi pastura, ii, 407. Cleanliness of prisons, ii, 277. Clergy, secular and regular, ii, 436. — dignified, ib. — benefit of, ii, 191. c. Clergy, their attendance on prisoners, provided for, ii, 278. Clerk of the justices or quar- ter-sessions, i, 51. — by whom appointed, ib. — must he be a notary, ib. — fees of his office, 1, 53. — files the duplicate of regu- lations of the justices, with- out taking any fee, ib. — presbytery, his salary, ii, 59, and App. iii. — battalion, not to be appoint- ed captain of a company, iii, 76. — of the general meetings of lieutenancy, how named by 42 Geo. III, c. 91, iii, 61. — how dismissed, ib. — duty of, under 43 Geo. III, c. 50, iii, 97. — copies of rolls transmitted to, ii, 65. — his duty in making returns to the privy council under 42 Geo. III, c. 91, ib. — his duty in transmitting to the privy council appoint- ments among the parishes, iii, 115. — rewarded for executing the volunteer act, iii, 219. — of subdivision meetings of lieutenancy, how named, iii, 61. — how dismissed, ib. — liable to a fine if he neglect to make a return to the clerk of the general meetings, or makes a false one, iii, 65. — transmits to the clerk of the general meetings lists of men classed by the deputy-lieu- 1NDEX. xxxi tenants under 42 Geo. III, c. 91, iii, 69. Clerk, his duty under 47 Geo. III, c. 71, in regard to ap- portionments, iii, 114. — his duty in transmitting schedules under 47 Geo. III, c. 71, iii, 121. — of subdivision, under 52 Geo. III, c. 68, give notice of meetings to commanding officers, iii, 143. — under 52 Geo. III, c. 68, transmits copies of rolls to the clerk of general meet- ing, iii, 145. — of supply, his duty if coun- ty lieutenants and commis- sioners of supply neglect to transmit militia certificates, iii, 93. — records the certificate of poverty entitling the militia- man's family to relief under 43 Geo. III, c. 89, iii, 104. — of supply gets from the col- lectors of the county where the militiaman dwells, the account by the collector who pays money for relieving the militiamen’s families under 43 Geo. III, c. 89, iii, 105. — his duty relative to the fine of £60 on counties deficient in the militia quotas, iii, 121. — must enter militia qualifica- tions in a roll, iii, 60. — regimental, can he enlist from the militia into the re- gulars without the command- ing officer’s consent, under 47 Geo. III, c. 57, iii, 112. Clockmakers, their frauds, ii, 197. WOL. III. Close times in fisheries of sal- mon, ii, 583. Clothiers, embezzlement and frauds, ii, 189. — payment of wages in money, ii, 203. Coach road, ii, 403. Coal under the glebe, mini- sters right to work, ii, 429. — measure of, ii, 152. Coatarmorial of Scotland,i, 19. — when first used in seals, ib. — how different from the an- cient Greek and Roman fi- gures, ib. e. Coble, fishing by net and, ii, 583. Caenobiales Scholae, ii, 297, a. Cohabitation, marriage from, ii, 217. — if abroad, ib. Coin, frauds concerniug, i, 363, 364. Collation in succession, ii, 260. — to churches, ii, 439, a. Collections at church doors, ii, 22. —at dissenting meetinghouses, ii, 23. Collector of the counties who pays the money to the kirk- treasurer for relief of the mi- litiamen’s families, transmits an account to, iii, 105. — what part of the penalty does he get under 47 Geo. III, c. 71, iii, 117. — of the land-tax, his duty in regard to assessments under the militia statute 42 Geo. III, c. 91, iii, 92. & — what may he retain of the money assessed under 42 Geo. III, c. 91, iii, 93. E 6 xxxii INDEX. Collector, how long may he retain, and what is he to do with, the money so as- sessed, iii, 92. — transmits money to the kirk treasurer for payment to the families of militiamen, iii, 108. — of fines, by whom named, i, 54. — acts as procurator, ib. College, royal, of surgeons, their exemption from the mi- litia, iii, 60. Colliers, are they liable in sta- tute labour, ii, 497. — are they liable to be press- ed., iii, 269. Collusive divorces, ii, 237. Colonel in the militia, qualifi- cation of, iii. 57. — may appoint a surgeon to the regiment with the ap- probation of the king, iii, 75. — whom may he appoint to act as quarter-master, iii, 76. — may he appoint a clerk to act as paymaster to the mi- litia regiment, ib. — when does he appoint the clerk for regiments of mi- litia, iii, 86. — in the local militia receives no greater pay than lieute- nant-colonel commandant, iii. 139. — when is it that in the local militia there can be one with the rank of, iii, 138. Colquhoun, Mr. his account of the number of small causes in the county of Middlesex, i, 127, a. - suggests plans for diminish- ing the bad effects of the state lottery, ii, 379. Combat, single, among the Ro- mans, i, 393. — judicial, ib. Combination of mºnial Ser- vants, ii, 181, 182. — of manufacturing servants, ib. — of masters, ib. — of journeymen paper-mak- ers to compel their masters to raise their wages, decision of the court of justiciary con- cerning, App. iii, No. 16. Comity to a foreign law in civil matters, i, 110. — does not extend to criminal matters, i, 111. Commandants of corps, their duty under 43 Geo. III, c. 50, in regard to transmit- ting certificates of vacan- cies, iii, 97. — entitled to £10, on the dis- charge of every seaman from the militia, iii, 100. Commandant of a battalion of militia, if absent, who com- mands, and what is neces- sary to be done, iii, 74. — may he refuse to discharge any militiamen, iii, 112. — of any corps of militia, may appoint additional non-com- missioned officers, iii, 77. — may discharge serjeants, and appoint others, ib. — of the regiment to which a person to be tried belongs, may order any officers with- in ten miles to assist at the court-martial, iii, 81. Commandants of the militia. INDEX. xxxiii regiments, out of which five- sixths do not enhist; what is their duty under 47 Geo. PPI, c. 57, iii, 1 1 K. Commandants of militia corps, when is their consent ne- cessary to the farther enlist- ment of militiamen, ib. — what militiamen can en- list into the regulars, with- out the consent of, iii, f12. — may discharge men as unfit for the militia, but it must be confirmed by two de- puty-lieutenants, iii, 69. — of the local militia may dis- charge serjeants, corporals, and drummers, and appoint others, iii, 162. – may discharge men unfit, with consent of two deputy- lieutenants, iii, 154. — when may the county-lieu- tenants act as, iii, 159. — when the county-lieutenant acts as such, what rank has he, ib. — if absent from Great Bri- tain, what is to be done, ib. — are the orders as to cloth- ing, &c. he gave before leav- ing the kingdom to be exe- cuted, ib. — may consign any prisoner to the custody of the gaol- er, or keeper of any house of correction or prison, iii, 175. — may agree with non-com- missioned officers to serve on reduced pay, iii, 177. — of volunteer corps, liable in what penalty, if they make a false return, iii, 205. Commandants of volunteer corps, their right to order vo- lunteers into imprisonment, iii, 209. — must give every effective member a certificate,iii,203. — when, and for what, may he discharge others than commissioned officers, iii, 208. Commission of the peace, its history, i, 16. — Latin, App. Stat. No. 2. — of teinds, act 48 Geo. III, c. 188, regulating, App. i, No. 68 — recognizance can be taken by a justice by, i, 1. — what powers are vested in justices by the king’s, i, 4. — of the peace, at what ses- sions is it read, i, 86. — — under what seal do they pass, i, 38. Commissioners ofsupply,i,346. — assess the county that fails within a limited time to make up its quota under 42 Geo. III, c. 91, iii, 91. — by what rule do they levy such assessments, iii, 92. — to whom must they transmit an account of the sums they receive, ib. — assess for the allowance to the families of militiamen under 43 Geo. III, c. 89, iii, 105. — their duty under 47 Geo. III, c. 71, in regard to the penalty of £60 on deficient counties, iii, 121. — may they refuse to divide a valuation, iii, 20. E 2 xxxiv. INDEX, Commissioners ofsupply, pack- ed meetings of, i, 351. — for valuation of teinds, ii, 442. — of the peace, why are jus- tices so styled, i, 5. Commitment, warrant of, i, 461. — when arrest warrants may order immediate, ib. — for trial, i, 469. — why a signed information is necessary to committing for trial, ib. — rules respecting, i, 471. Commixtion, natural, when it makes a marriage, ii, 216. Common property, ii, 389. — churches, ii, 435. — fishes, ii, 579. Commons, division of, ii, 541. Communicate, do the sessions, with one another, i, 87. — with presbyteries, &c. ib. Communion elements, ii, 475. — if the sacrament be not dis- pensed, ib. — cups, ii, 383. Community of goods between husband, wife, and children, ii, 240, 241. — negative, ii, 384. — original of the earth, ii, 381. Companies must not exceed twelve in any regiment of mi- litia, iii, 90. — having 90 privates, what officersare attached to every, iii, 73. — of the local militia, number of men in each of the, iii, 156. Complaints before the justices, how subscribed, i, 288. & Complaints, on what inducia,ib. Complement, for a company of militia, iii, 72. — of persons in each Green- land ship not liable to be pressed, iii, 268. Compounding in excise laws, iii, 362. Computation of time among the Greeks, ii, 11. — Romans, ib. — Jews, ib. — in the case of the act 1701, c. 6, i, 489. – of degrees of propinquity. See Canon Law, ii, 208. – when the civil law method was first departed from, ib. — in the navy, when by ca- lender months, App. i, No. 79, § 49. Comyn's Digest of English law, mistake respecting Scot- land in, i, 2. Concourse, (concurrence) can the public prosecutor refuse his, i, 97. Concubine, can she be a wit- ness for or against the man she lives with, i, 273. Confessed, holding as, i, 289. Confidential communications by a client, must counsel and agent disclose, i, 273. Confines of two counties, fer- ries and bridges on, ii, 506. Conformity to the established religion, ii, 322, 326, 335. Congregation, lords of, the principles of their union and resistance to government, ii, 312. Consanguinity. See Propin- quity. INDEX. XXXV Consent what constitutes mar- riage, ii, 212. — of parents, why, by the law of Scotland, not necessary to the constitution of mar- riage, ii, 233. — of the officer, if a militia- man marries without,iii, 103. Conservators of the peace, i, 1, 2. Consuetudinary jurisdiction of the justices in petty delin. quencies, i, 178. — — in regard to servants, i, 1 19, — — in civil causes in Edin- burgh, i, 130. — — disuse of juries in civil causes, how it happens, i, 214, b. Consolidation act in the cus- toms, iii, 332. — in the excise, iii, 342. Conspiracy of journeymen pa- per-makers to compel the masters to raise their wages, decision of the court of ses- sion concerning, App. iii, No. 16. Constable, i, 326. — Lord High, is he a keeper of the peace in Scotland, i, Constables, required to order a return of persons liable for the militia, between 18 and 45, to the deputy-lieu- tenants, iii, 63. — within 14 days give notice to house-keepers, iii, 64. — make out yearly lists, and publish them, ib. — verify militia lists on oath, ib, Constables, must give the men written notice of the days fixed for exercising militia, iii, 78. — prohibited from insuring a- gainst the militia, iii, 99. — age of, under local militia act 52 Geo. III, c. 68, iii, 144. Construction, liberal, of the powers of the justices, i, 118. Contiguous to the manse, mean- ing of the term in a question as to designation of a glebe, ii, 419. Conterminous proprietors,their obligation concerning mutual inclosures, ii, 530, and App. iii, No. 85. Contestatio litis, what, i, 101. — its effects, ib. Contravention of lawburrows, i, 404, 405, 407. Contract of marriage, why does the de presenti consent given therein not make a marriage, ii, 215. Convention of estates com- plained, among other griev- ances, of the king’s taking cognisance of causes, i, 6. Conventional servitudes,ii,398. Convents, ii, 436, c. Conversion of victual, statu- tory, ii, 464, a. — of the teind court, ib. — of money into victual un- der 48 Geo. III, c. 138, ii, 466, and App. i, No. 68. Converted prices, when consi- dered as kain, ii, 460. Convictions in excise laws, iii, 362. Copula, with a promise of mar- xxxvi INDEX, riage, if it constitutes a mar- riage, ii, 216. Corn, tithe of, ii, 450. — by what law titheable, ib. Corners of the fields reserved by the Jewish law for the poor, ii, 9. Coromer, i, 4. Corporal punishments at com- mon law, can they be inflict- ed without a jury trial,i,203. – — inflicted by a criminal judge, the infamy is more regarded than the pain, ib. — — in the army, the pain is more regarded, ib. — — without jury trial, do they infer infamy, ib. — — include imprisonment, i, 204, a. Corporals, when the militia is not in actual service, propor- tion of, iii, 76, — if it is in actual service, ib. — oath to be taken by, iii, 76. Correction house, when and how long may a local mili- tiaman be confined in a, iii, 174. Corruption of blood, if by the old Scottish treason law, i, 357. Costs in excise law, iii, 366. Cotton manufacturer, embez- zlement, &c., ii, 196. — — wages paid in money, ii, 204. Council and session, what court succeeds to the lords of, i, 166. — kings of old, judges in civil causes, ib. — See Privy. Counsel, must confidential.com- munications be disclosed by, i, 273. Counterfeitingstamps touching the linemmanufacture,iii,302. County, in what can a justice act beyond the county, i, 58. – in the case of adjoining counties under 28 Geo. III, c. 49, i, 59. — divided into districts, i, 55. — banishment from the, i, 198. — power of raising, i, 330, &c. — liable in a penalty, if the quota of militia is not raised within a limited time, iii, 120. — deficient, what is the pe- malty under 47 Geo. III, c. 71, iii, 121. — if a volunteer be residing in another, what is the com- manding officer directed to do, iii, 203. — may the estate that quali- fies to be a militia officer, lie partly within and partly with- out the, iii, 58. — in what is a man to serve for the militia, iii, 68. — — for the local militia, iii, 153. Counties, how is 42 Geo. III, c. 91, explicated in a parish in two, iii, 68. — under 42 Geo III, c. 91, how assess a place in two, iii, 93. Coarse of a running stream, ii, 394. Courts of law, whence they derive their jurisdiction,i, 1. Court, disturbances in, do they require a jury, i, 175. Court of Session, considered the jury in cuilibus, i, 168. INDEX. xxxvii Court of Session, came in place of the daily council, a com- mittee of parliament, ib. — — how regulated by 48 Geo. III, c. 151, App. i, No. 69. — See Session. — of teinds, how regulated by 48 Geo. III, c. 138, App. i, No. 68. - must be held with open doors, No. 83. - See Commission. —of justiciary. SeeJusticiary. Court-martial, when the mili- tia is not embodied, what officers may be tried by, iii, 81. - sentence of, under militia act 42 Geo. III, c. 91,when not to be executed till con- firmed by the colonel, iii,81. - no militiaman is allowed to enlist who is in confinement from a sentence of a, iii, 112. – whom the commanding offi- cer may command to attend such, iii, 81, Courts-martial, may militia of ficers be members of, on officers of the line, and vice versa, iii, 85. – what punishment may they inflict on militiamen, iii, 78 — what punishment can they inflict on local militiamen, iii, 166, 174. — regimental, for trying local militiamen, ib. 172. — when they may try local militiamen when the militia is not embodied, iii, 167. - on volunteers,who compose, iii, 207, Courts-martial, what punish- ments may be inflieted on volunteers by, iii, 208. Courtesy, ii, 400. Covenants, unlawful, ii, 358. Cowhouse. See Byre. Craftsmen, wages of, jurisdic- tion of justices therein,i,107. Craig, Sir Thomas, refutes the motion that Scotland was held of the English kings, i, 2. — — resolves the question of legitimation, per subse- quens matrimonium, where there are children of an in- tervening marriage, ii, 255. — follows Gaius's division of things preferably to Justi- nian’s, ii, 382. Crimes, classification of i,191. Criminal action, can it in Eng- land be raised against a jus- tice, if a civil one be de- pending against him, i, 67. — jurisdiction of the sessions, how limited in England, i, 162. ! — how limited in Scotland, ib. Cromarty, its number of mili- tiamen under 42 Geo. III, c. 91, iii, 61. — with what counties does it compose a battalion ºf mili- tia, iii, 72. — its number of local militia- men under 42 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No 89. — its quota under 38 Geo. III, c. 5, App. i, No. 80. Cromwell’s, Oliver,instructions to justices of peace, i, 11, App. i, No. 8, xxxviii INDEX, Crosbie, Mr, his argument on act 1701, c. 6, i, 488, a. — his opinion on the construc- tion of the act 1701, men- tioned by Lord Newton,i,481. Crown, the fountain of justice, i, I. — personal administration of law originally in, ib. See King, Sovereign. — right of to the military ser- vice of the lieges, i, 342, iii, 277. Cruives, salmon fishing by, ii, 585. — regulations concerning, ii, 586, &c. Cujas, opinion as to the heirs liability in actions, rei perse- cutoria, i, 101. Culross, chalder, ii, 152. Culture, extraordinary, in a va- luation of teinds is there any deduction on account of, ii, 462. Cumulo valuation, iii, 19. Curator, ii, 271. Curchies of the ladies, statu- tory regulations concerning, ii, 4. Cursing and swearing, ii, 339. Custody, right of volunteer of cers to order persons misbe- having into, iii, 209. Sce kmprisonment. — of a military prisoner may be consigned to the gaoler or keeper of a prison or cor- rection-house, iii, 83, 175. Customs, laws of, iii, 331. — in what they differ from excise, iii, 340. Customs, what any one justice can do therein, iii, 339. Customs, justices, their power at sessions therein, iii, 338, 339, Custos rotulorum, i, 51. Daily council succeeded by court of justiciary, i, 3. — of whom composed, i, 167. — was it necessary to choose themembers from the estates of parliament, i, 168, App. iii, No. 1. — defect in its constitution, i, 68, ib. — by what court succeeded, i, 163, ib. Dalrymple, Sir David, (Lord Hailes) refutes the opinion that the country south of the Forth was held by the king of England, i, 2, d. – his eulogy of the indepen- dent spirit and patriotic ex- ertions of the Scottishchurch, ii, 311. Dalrymple, Sir John (baron of exchequer), his opinion as to the constitution of the daily council, i, 168, a. — his account of King Wil- liam refusing to take the co- ronation oath, without ex- planation as to the perse- cuting clause, ii, 324. Dalyell, J. G. Esq. advocate. See Fragments. Damage, defined by Lord Stair, i, 186. — from delinquency, ib. — is reparation given for da- mage done to furniture dur- ing a riot, or to heritable property only, i, 380, INDEX, xxxix Damage done by a servant, when is the master liable, ii, 164, &c. — must be previously ascer- tained before any order be given for altering a road, ii, 488. Damages, is the public procu- rator failing in his action liable in, i, 90, App. i, Nos. 20, 21, 23. — is action of, competent to the private party against justices, i, 66. — must the private pursuer find security to pay expences if he do not succeed, ib. — awarded against the procu- rator fiscal, on account of the unjust judgment of the dean of guild, i, 67. David I. judged causes person- ally, i, 1, b. — his eulogium by Buchanan, i, 20, a. Day of commencing a trial, is it counted under the act 1701, c. 6, i, 489. – must search-warrants be executed in the, i, 446. Dead’s part of the community, ii, 241, 242. Death. See Punishment, Ca- pital. — what actions fall on the pur- suer's or the defender’s, i,93. Deathbed, validity of a mar- riage on, ii, 255. — by the law of France, ib. Debts due by soldiers, iii, 40. Decemnaries, i, 400. Decimae inclusiae, ii, 452. Decrees of justices, how en- forced, i, 290. Decrees, form of inexcise ques- tions, ii, 361. Dedimus potestatem, i, 42. Deductions allowed in a valua- tion of tithes, ii, 459. — on account of extraordina- ry culture, ii, 461. Deer considered as regalia, ii, 547. — in inclosures, ib. — in a park, ii, 573. Defence of the county, &c. iii, 59. See Acts, Militia. Defender. See Prosecutor. — who exempt from being called before the sessions of peace, i, 98. — must the husband and tutor be cited with the wife and ward, i, 99. — in a criminal prosecution concluding for pecuniary re- paration, ib. — if insane, i, 100. — dying, when does the ac- tion transmit, ib. — how many in one summons, i, 92. Deficiency in the militia under 42 Geo. III, c. 91, makes an assessment necessary, iii, 91. — in any county under militia act 47 Geo. III, c. 71, iii, 128. — under 48 Geo. III, c. 150, iii, 311. Definition of justices of the peace, i, 5. Defoe, Daniel, his account of the lenity shewn to episco- palian dissenters, at the re- volution, ii, 321. Defoe, Daniel, his account of xl INDEX, the moderation of the wiser heads of both countries to accomplish the union, ii, 336. Deforcement, i, 336. — duty of the officer in case of, ib. See Constable, Ar- rest, Warrant. Degrees of propinquity, me- thod of computing, ii, 208. — by the civil law, ib. — by the canon law, ib. — when the latter came into use, ib. – whimsical reason given by the canonists for it, ib. Delinquencies, competent to be tried before the sessions of the peace, i, 178. — is the benefit of cessio com- petent to one liable in da- mages, on account of, ii, 288, 289. Delinquent’s death when pe- nal actions fall by, i, 101. Demolish, beginning to, i, 379, Deposition of Mary of Guise, queen-dowager of Scotland, from the regency, ii, 313. Depot for the arms, &c. of mi- litiamen, who must reside in the neighbourhoodof, iii, 81. — for local militia arms, iii, 175. | —. of arms of volunteer corps, iii, 214. Deputy-lieutenants, any two may cause a new list to be made out, in place of one lost, iii, 69. - have they power of con- firming the commandant's discharge of men unfit for the militia, ib. Deputy-lieutenants acting in the execution of militia law, have they the benefit of 24 Geo. III, c. 44, iii, 92. – their qualification in Bute and Sutherland by 43 Geo. III, c. 71, iii, 114. — what they have to do in re- rurning lists under 47 Geo. III, c. 71, iii, 115. — their jurisdiction in regard to the arms of volunteers, iii, 214. — may one authorise part of the fine of £20 under 47 Geo; III, c. 71, to be ap- plied for behoof of the drawn men, iii, 116, -- what any one may do under militia act 47 Geo. III, c. 71, iii, 122, — is one entitled to call out the local militia to suppress a riot, iii, 165. Deserter, can he be arrested by constables, i, 307. Deserters from the militia, what is to be done for the apprehending of, iii, 82. — at what rate they are to be subsisted whenbringing back, ib. ' — concealment of, iii, 84. — reward for apprehending, ib. — and substitutes or volun- teers in the militia not join- ing, how punished, iii, 86. — from the militia, what is to be done with them under 43 Geo. III, c. 50, iii, 98. — from the militia, persons suspected of being, what does 43 Geo. III, c. 62, INDEX. xli ordain concerning them, iii, 100. Deserters from the local mili- tia, apprehending and re- moving, iii, 184. — from the local militia, pe- nalty for concealing, iii, 184. Desertion of husband or wife, divorce on account of, ii, 238, 239. Designation of lands for a glebe, ii, 419. — should a search warrant bear the granter’s. i., 443. Dickson, Sir Robert, of Inver- esk, chancellor of the jury which pronounced the ver- dict in the trial of Carnegie of Finhaven, i, 217. Diets, peremptory, i, 290. — are those of justice of peace courts peremptory, ib, Dignity, royal, the sovereign is the principal conservator of the peace, by virtue of the, i, 1. Diligence (execution) second, for compelling the appear- ance of witnesses, i, 258. — on Sunday, is it lawful to execute, i, 427. — on foreign decrees, i, 433. Discharged militiamen, if they refuse to enlist, iii, 118. — volunteers, iii, 208. — for misconduct, iii, 209. — men, as unfit, this may be done by the commandant, but must be confirmed by two deputies, iii, 69. Discipline, 1st book of, disap- proves of parents thwarting theinclinations of their child- ren respecting marriage, ii, 233. Discipline, 2d book of, its doc- trine as to the right of the magistrate to interfere in matters of heresy, ii, 323. Discretion of a judge describ- ed by Lord Camden, i, 137. Discretionary powers of the general meeting for assess- ing for the poor, ii, 37. — — entrusted to magistrates in punishing crimes, i, 226. Disguise, any person having spirits or tea, and wearing a, iii, 337. Dismiss, what provocation en- titles a master to dismiss his servant, ii, 168. Dismissed men, their names entered into the list, to sup- ply vacancies, iii, 55, 66. Disorderly houses under 36 Geo. III, c. 8, i, 374. Dispensation with banns, ii, 224. Dissection of the body, where an aggravation of punish- ment, i, 190. Dissenting clergymen, are they punishable for celebrating marriage, ii, 225, 228. — from the established reli- gion not criminal, ii, 335. Dissolution of marriage within year and day, ii, 235. Distance, allowance to mili- tiamen coming from a, iii, 79. Distress, temporary, relieved by the Scottish poor laws, and wisdom of doing so, ii, 54. — in excise law, iii, 367. xlii INDEX. Distress, by 27 Geo. II, c.20, i, 324. —different both from the Scot- tish poinding and the Eng- lish distress at common law, ib. — a mode of compelling vo- lunteers to pay their fines, &c. iii, 217. District meeting, can it bind those who live without the district, but within the coun- ty, i, 55. Districts, extensive counties, divided into, i, 55. — under 42 Geo. III, c. 91, iii, 96. Disturbances in court, do they require a jury, i, 175. Divide a valuation, may com- missioners of supply refuse to, iii, 20. Divini juris, ii, 382. Division of commons, ii, 541. — of things, ii, 382. — of the community at the dissolution of the marriage, ii, 241, 242. Division of a valuation, iii, 15. Divorce, ii, 237. — its effects, ii, 239, 240. Divot, servitude, ii, 407. Dogs. See Hounds. Domicile, i, 105. — trial of offences committed in another county, i, 108. — trial of offences committed in a foreign country, ib. — difference between civil and criminal actions in regard to, ib. Doors, warrant to break open, i, 454. Doors open, episcopal meet- ing-houses must meet with, 11, 350. Double. See Duplicate. Doublers of silk, embezzling, ii, 192. Doublet of fence, who, by the old acts, were obliged to have, iii, 278, a. Dowry, if the marriage dis- solve within year and day, is it repaid, ii, 234, Drafted, from one regiment into another, may militia- men be, iii, 113. Drained lands, is their produce counted in a valuation of tithes, ii, 451. — is the expence of draining deducted in a valuation of, ii, 461. Drawing of the teinds, re- medied by Charles I, ii, 440. Drawn for a militiaman, and not appearing, what is the duty of deputy-lieutenants in that case, iii, 119. — persons not appearing with- in a month, may the vacancy be supplied by ballot, iii, 97 — under 47 Geo. III, c. 71, iii, 119. — at what hour shall the bal- lotting commence, and when shall it end, iii, 116. Drawn men, where shall they be sent, ib. — out, duty of lieutenants of counties when thcmilitia are, iii, 89. Dress, regulations of the Scot- tish parliament concerning, ii, 2. INDEX. xliii Drivers not to ride on their carts, ii, 491. — not to leave their carts on the streets, ii, 493. Drummers, their numbers when the militia is not in actual service, iii, 77. — when it is in actual service, oath to be taken by, iii, 76. — are they entitled to enlist from the militia into the re- gulars under 47 Geo. III, c. 57, iii, ſ 12. Drunkenness, ii, 338. Duelling, i, 393, &c. Dumfries, its number of mili- tiamen under 42 Geo. III, c. 91, iii, 62. — with what counties does it compose a battalion of mili- tia, iii, 72. — its number of local militia- men under 42 Geo. III, c. 68, iii, 142. - its quota of supply under 1696, c. 1, App. i. No. 79. – its quota under 38 Geo. III, c. 5, ib. No. 80. Dunbarton, its number of mi- litiamen under 42 Geo. III, c. 91, iii, 62. — does it compose a battalion of militia, iii, 72. — its number of local militia- men under 52 Geo. III, c. 68, iii, 142. — its quota of supply, App. i, No. 79, 80. Dundas, Robert, (afterwards Lord Arniston, and the first Lord-President Dundas) his charge to the jury in the trial of Carnegie of Fin- haven, i, 217. Duplicate of the regulations of friendly societies must be deposited with justices at their session, and filed with- out a fee, i, 53. Duplicates of the standards of weights and measures, where kept, ii, 151. Durham, Bishop of, a conser- vator of the peace within the bounds, i, 3. Duty on horses,if collected from volunteer officers, iii, 204. Dyke. See Church-yard. E Earnest, ii, 161. Easter sessions in England, what acts of parliament or- dered to be read at, i, 86, a. Ebbing of the sea, why cruives were prohibited where the sea ebbs and flows, ii, 586. Ecclesiastical property, ii, 411 Eden, William (Lord Auck- land) principles of penal law, i, 190, a. — his remarks on capital pu- nishments, ib. — his account of duelling, i, 393. Edict, nauta, caupones, stabularii, ii, 165, 510. Edinburgh, ell of, ii, 151. — golden charter, i, 4, and App. iii, No. 18. — county and city, do they compose a battalion of mi- litia, iii, 72. — who appoints the deputy- lieutenants and their deputies in, iii, 59. — the militia officers in, ib. — city, number of the militia xliv INDEX, under 42 Goo. III, c. 91, iii, 61. Edinburgh, how is the assess- ment for the families of mi- litiamen under 43 Geo. III, c. 89, iii, 121. — county, number of militiain, iii., 62. — qualification for local mili- tia officers in, by 53 Geo. III, c. 54, iii, 40. — number of the local militia for, iii, 142. — its quota of supply under 1690, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Education, ancient statutory regulations concerning, ii, 298 Effective volunteers, who are they, iii, 202. Election of parochial school- masters, ii, 304. Elections, are militiamen going to elections punishable for absence, iii, 94. Elgin, its number of militia- men under 42 Geo. III, c. 91, iii, 62. — with what county does it compose a battalion of mili- tia, iii, 72. — its number of local militia- men under 52 Geo. III, c. 68, iii, 142. — its quota of supply, under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Ell, king David’s, ii, 148. — of Edinburgh, ii, 151. — English, ii, 153. f Elm, is it timber under 6 Gee. III, c. 48, ii, 522. Embezzlement in the case of various manufacturers, how punished, ii, 192. Emperor and king, in what they differ, i, 23. Emperor, what monarchs Sel- den thought entitled to use the title of, i, 24. — title equivalent to, used sometimes by the Scottish kings, ib. — title off, not willingly allow- ed by the Constantinopoli- tan emperors to the western, ib. c. Empire, free within the realm, Scottish kings declared by parliamant to have, i, 24. Emulatio vicini, ii, 98. — may an heritor till up lands formerly in grass, so as to leave nothing for the mini- ster but moss, ii, 434. England, law of history of jury trial in, i, 218. — differs from the Scottish in the case of culpable homi- cide, i, 218. — in commencing actions, ib. - permits a man to marry his grand-aunt, ii, 208. – allows legitimation per sub- ! sequens matrimonium, if prior to the birth, though not to the conception, ii, 254. — has no such title as that of servitudes, ii, 397. — on whom it lays the burden of repairing parish churches, ii, 477. — who has the freehold of the high-way, ii, 483. INDEX: xlv. England, law of its peculiarity as to a qualification to kill game, ii, 551. — its game laws give rise to numerous litigations, which the Scottish law avoids, ii, 552. -as to nuisance, ii, 97. - before the marriage act the same with that of Scotland, ii, 220. — differs from the Roman and Scottish law in regard to wagers, ii, 358. English offices give no power to keep the peace in Scot- land, i, 2. Enlargement of a manse, has the presbytery jurisdiction therein, ii, 417. Enlisting militiamen into the regulars, may one be trans- ferred into the marines, iii, 111. — if there is more than one battalion of militia in any place, ib. – commanding officers to as- certain the number of men desirous of, ib. — militiamen, fine under 42 Geo. III, c. 91, for, iii, 71. — if the men by, shall exceed or be less than the quota of any county, what is prescrib- ed by 45 Geo. III, c. 31, iii, 109. w — into the regulars, out of a regiment of militia, what is the commandant’s duty un- der 47 Geo. III, c. 57, iii, 1 11. – if the number of the militia be less than the number au- thorized to enlist within what period, and without what consent may there be farther, iii, ib. Enlisting, what militiamen have not the privilege of, by 47 Geo. III, c. 57, iii, 112. – what militiamen cannot en- list without the consent of the commanding officer un- der 45 Geo. III, c. 42, s 13, App. i, No. 92. – if a discharged militiaman refuse, what is prescribed by 47 Geo. III, c. 57, iii, I 13. Enlistment, exclusion of the re. view of the court of session in questions oſ, i, 344. — does a servant become free of his engagement by, ii, 172. — of soldiers, iii, 28. — of militiamen into the line permitted, under qualifica- tions, by 45 Geo. III, c. 31, iii, 108; 47 Geo. III, c. 57, ib. 110–113; 51 Geo. III, c. 120, iii, 126; 53 Geo. iii, c. 81, iii, 135. Enmity, what disqualifies a witness, i, 276. Enrolled in the militia, no man, till reported by a surgeon fit for service, is to be, iii, 69. — to serve in the local militia, who has the power of order- ing to be, iii, 141. Ensign in the militia, his qua- lification, iii, 58. — in the local, iii, 139. Episcopal clergymen, their re- lief under Queen Anne's to- leration act, ii, 228. xlvi INDEX, Episcopal schools, ii, 294, — religion in Scotland, laws concerning, ii, 307, 337. Epithet. See Title. Equity, i, 133. Equitable powers of justices under the small debt act, their nature and extent, ib. — of the court of session, i, 136. — See Discretion. Erection, lords of, ii., 437. Erskine, Mr. his opinion as to act 1587, c. 29, including teinds under the annexation, ii, 437. Esquires, privileges of their el- dest sons in England as to hunting, ii, 551. Establishment of religion in Scotland, ii, 325. Estate, what qualifies to be a militia officer, &c. iii, 57. — may it be partly without the county, ib. — what qualifies to be a de- puty-lieutenant, ib. — in the city of Edinburgh, iii, 59. Estates, convention of, com- plained of the king’s taking cognizance of causcs as a grievance, i, 2. Evasion of tolls, ii, 504, 505. Evidence, i, 229. Ewest (nearest) lands to the kirk or manse, ii, 411. Examination of a prisoner on suspicion of a crime, i, 4,61. Excise duties, by whom paid, iii, 342. — Scots, by the union, ib. — foundation of the jurisdic- tion of the justices in, iii, 344. Excise information, how prov- ed., iii, 359. — laws, iii, 340. Exciseable liquors, act con- cerning the retail of, iii, 379. Exchequer, if all the militia- men are not ballotted in any county, what is the duty of the court of, iii, 121. Excommunication, difference between the law of Scotland and England concerning, i, 88, 89. — Dr. Christian regrets the imperfection of the English law in regard to, i, 89, c. — gradual improvement of the Scottish law in regard to, ib. Execution, by a messenger, how far probative, i, 233. — of writs, i, 110. — of decrees, i, 293. — of sentences, capital and corporal, after what interval can it take place, ib. — has the magistrate any dis- cretionary power, i, 226. Executor, transference of ac- tions to, i, 93. Exemption from ballot for the militia, is it enjoyed by one serving, or who has found a substitute in the army of re- serve, iii, 107. — from the militia service, by whom enjoyed, iii, 67, 58, 117, 118. — from the militia in favour of volunteers, under 44 Geo. III, c. 54, iii, 203. MINDEX, xlvii Exemption from ballot, how enjoyed by those who, at the time of 52 Geo. III, c. 68, were enrolled in the local militia, iii, 150. —from the duty on horses in favour of volunteer officers, iii, 204. -from the impress, at common law, iii, 257. – from impress, on account of age, iii, 261. — from the impress. See Fo- reigners. — statutory, from theimpress, &c. iii, 260–270. – from the impress by admi- ralty protections, iii, 270. Exercise, number of days of the militia, under 43 Geo. III, c. 91, iii, 78, c. — by 43 Geo. III c. 19, iii, 96. — notice of the days of, where a county forms a battalion, and where it does not, ii, 78. — men called out for, when their pay commences, iii, 79. — number of days in the year for the local militia, under 52 Geo. III, c. 68, iii, 163. — when may local militiamen be called to the adjoining county to, iii, 163. — of volunteers, time and place of iii, 215. Exhibition of articles in a cri- minal trial, i, 238,239. Exile, different kinds of, i, 195. Expence of extra-sessional bu- siness, how justices recover, i, 30, — of executing the vagrant act, ii, 87. vol. III, Expence, is it lawful to third parties to contribute towards the expence of a litigation, ii, 164. Extent, old, does an excam- bion on the statute respect- ing straightening marches affect a freehold qualifica- tion, ii, 535. — old and new, iii, 3. — of the jurisdiction of the justices beyond the letter of the law, i, 117. Extra drummers in militia, iii, 77. — in local militia, iii, 162. Extract of decrees, i, 293. Extrinsic quality in an oath of reference, i, 240. F. Factor loco tutoris, ii, 265. Fairs, ii, 92, &c. Fame, who is not of good, i, 421. Families of non-commissioned militia officers and privates, how provided for by 42 Geo. III, c. 89, iii, 103. — of substitutes having more than three children, iii, 106. —of militiamen, under 51 Geo. III, c. 20, iii, 128. — of volunteers called out on actual service, how provided for by 44 Geo. III, c. 54, iii, 212. Farthings, when must pawn- brokers give them in ex- change, 39 and 40 Geo. III, c. 69, § 4, App. i, No. 91. Feal and divot, servitude of, ii, 408. Fear, what entitles to the F f xlviii INDEX. security of lawburrows, i, 402. Fear, what entitles to surety for the peace, i, 412, Fee-farm rents, ii, 11. Fee, not taken by the gaoler for a deserter's subsistence, iii, 100. — not taken by the clerk of the peace for filing the du- plicates of regulations of friendly societies, i, 53, and App. i, No. 81, § 2. — table of, kept, ib. Feesat baptisms and marriages, ii, 25. - — may they be exacted by gaolers from criminals, ii, 282. Felony, without benefit of cler- gy, not a term in the Scot- tish law, ii, 191. Female apparel, vain attempts of the Scottish legislature to regulate, ii, 3. - servant, does she become free of her engagement when she marries, ii, 171. Fences, in a valuation ofteinds, is any deduction allowed for the expence of erecting, ii, 462. – if cattle trespass by getting over, does the act 1680, c. 11, apply, ii, 520. Fergus I, his system of politi- cal economy, ii, 296. Ferries, public, to what ef. fect the king may give the property of, ii, 387. – can the king transfer, ib. — soldiers passing, iii, 36. Ferries, boatmen, liable in sta- tute-labour, ii, 496. Ferries, boats, is therent there- of deduced in a valuation of teinds, ii, 460. Ferrymen, are they liable to be impressed, iii, 269. Feudal system, i, 341, ii, 546, and iii, 1. – taxes, iii, 2. — army, i, 341, iii, 2, & 278. Fiar, in feudal rights, ii, 401. Fiars, yearly, ii, 100. — the average of, is the rule in converting victuals into money, in modifying sti- pends, ii, 466, App. i, No. 68, S 9. Field-officers, number in each regiment of militia, iii, 72. — in local militia, iii, 156. — by whom named, if a coun- ty does not afford men suf- cient to form a company, iii, 74. & — of the local militia, iii, 158. – may a field officer be cap- tain in a company, iii, 157. Fields, corners of reserved by the Jews for the poor, ii, 9. Fiery cross, i, 342. Fife, does it form a battalion of militia by itself, iii, 72. — its number of militia un- der 42 Geo. III, c. 91, iii, 62. — of local militia under 52 Geo. III, c. 68, iii, 142. – its quota of supply, App. Nos. 79 and 80. Finality of the jurisdiction con- cerning the militia, by 42. Geo. III, c. 91, iii, 95. — under militia act 47 Geo. III, c. 71, iii, 124. . —under loc, militia act,iii, 199 INDEX. xlix Finality, cases concerning, iii, 221, &c. — small debt act, i, 155. — comprehending act, i, 252. Fines, i, 221, 222, 223. — volunteers compellable to pay, iii, 217. - how long a payment of, ex- empts from the regular mi- litia, iii, 68. — for offences against the mi- litia act 42 Geo. III, c. 91, how recoverable when above sé20, iii, 94. — for not appearing when chosen for the militia under 42 Geo. III, c. 91, iii, 68; under 43 Geo. III, c. 50, iii, 98; under 47 Geo. III, c. 91, iii, 116. – when ballotted for the local militia, iii, 151. — See Penalty. Fir, is it timber under 6 Geo. III, c. 48, ii, 518. Firlot of Linlithgow, ii, 152. Fiscal, i, 54, 98. See Prosecu- tor, and Public Prosecutor. — can he make a reference to oath, i. 249. — may he, ad vindictam pub- licam, prosecute for a delin- quency committed extrater- ritorium, i, 166. Fish in a pond, ii, 573. Fishermen, are they liable in statute labour, ii, 496. — are they liable to be im- pressed, iii, 267. Fishery, ii, 577. — salmon, ii, 579. — lobsters, ii, 601. — oyster, ib. — herring, &c., ii, 600, 601. Fishing vessels, apprentices in, how far exempted from the impress, iii, 267. Flax mauufactory, payment of wages in money, ii, 204. Flesh, when first excised, iii, 341. Fletcher, Andrew, of Salton, his political speculations tinctured with ancient learn- ing, ii, 312, b. — different from the anarchi- cal innovators of the present day, ib. — the illegality of the evidence on which he was condemn- ed, reprobated by 1689, c. 8, ii, 317. — his attainder reversed, ib. Floor of a tenement, rights of the several proprietors, ii, 389. Flowing of the sea, why are cruives prohibited where the sea ebbs and flows, ii, 587. Football, acts of parliament concerning, ii, 5. — path, servitude of, ii, 404. — races, ii, 378. Foreign countries, contracts executed in, i, ib. — marriage in, i, 111. — divorce in, ib. — status in, ib. —bankruptcy committed in, ib. — crimes committed in, are they punishable here, i, 109. — deeds, i, 423. —diligence (execution)i,431. — criminal warrants, iii, 327. 431, 446. * — indorsation of, by virtue of 13 Geo. III, c. 31, i, 461. — courts, their decrees, i, 112. F f 2 l INDEX. Foreigner, is one foreigner en- titled to apply for a warrant of meditatio fugae against ano- ther, i, 444. Foreigners, are they cntitled to the benefit of cessio bonorum, ii, 290. — are they exempt from press- ing, iii, 261. Forest-royal, ii, 547. Forestalling, ii, 92. Forfar, its number of militia- men under 42 Geo. III, c. 91, iii, 62. — with what county does it compose a battalion of mi- litia, iii, 72. — its number of local militia under 52 Geo. III, c. 38, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, App. i, No. 80. - Forfeiture of a recognisance of the peace, i, 417. Forgotten fruits and corns in the Jewish law, ii, 10. Form of conviction of an of. fence concerning the assize of bread, ii, 125. — of church policy regu- lates parochial schools, ii, 297, c. — of warrants, recognizances, and mittimusses annexed to Oliver Cromwell’s instruc- tions, App. i, No. VIII. Formula to be taken by Roman catholics, ii, 352. Fornication, ii, 339. Forum, i, 105. See Jurisdiction, Supplement, Foreigner. - domicilii, i, 105. t Forum deprehensionis, i, 112. — delicti, i, 113. – originis, i, 114. s tº º — in excise questions, iii, 373. — in what jurisdiction are ac- tions brought under the mi- litia act, 42 Geo. III, c. 91, iii, 96. — in the case of crimes com- mitted abroad, i, 111. Fourneaux, Dr. his letter to Sir William Blackstone, con- cerning the English tolera- tion act, ii, 336, b. Fourth mail, why was the new extent so called, iii, 3. Foxes, country rising in pur- suit of, ii, 567. — can they enter inclosures, ii, 568. — difference between the Eng- lish and Scottish law as to the chace of, ii, 568, Fragments, (Dalyell’s), re- cords an instance of the in- timacy between the Scottish and English borderers be- ing complained of in their respective countries, i, 431, France monarchical, law of, as to the validity of death- bed marriages, ii, 255. — game-laws, i, 346. — burdens the father alone, if able, wish the maintenance of the bastard, ii, 263. — obliges bastards to main- tain their indigent parents, ii, 268. — as to aliment of prisoners for debt, ii, 287. - | Frank pledges, i, 400. INDEX. li Free, under the act 1701, c. 6, is the day of commencing the trial, i, 489. — form of declaring manses, ii, 417, a. Freedom of access to the ses- sions, i, 80. Freehold of the church, and church rent, by the English law, ii., 478. — of the high-way, ii, 482. Freeport, to what extent it may become private property, ii, 387. French cambrics and lawns, ili, 298. — troy stone, ii, 151. Friendly societies, statutes con- cerning, App. i, No. 81. — any number may form a, 38 Geo. III, c. 54, § 1, ib. — rules may be made for, ib. ib. — fund may be provided for, ib. ib. — rules to be exhibited to jus- tices, ib. § 2. ib. — rules to be signed by the clerk of the peace, and de- posited with #. ib. ib. — none to be within the meaning of this act, till their rules have been confirmed, ib. ib. — no confirmed rule to be alter- ed but at a general meeting of the society, ib. ib. 3, ib. — alterations of rules to be subject to the review of the quarter sessions, ib. ib. -— may appoint officers, ib. § 4, ib. = securities to be given for offices of trust, if required, ib. ib. Friendly societies, treasurers or trustees to give bond to , the clerk of peace, ib. ib. — and other persons to the treasurers or trustees, ib. ib. — bonds not chargeable with stamp duty, ib. ib. — appointment of committees, ib. § 5, ib. — powers of standing commit- tees to be declared in the rules of the society, and of particular ones entered in a book, ib. ib. — committees controulable by society, ib. ib. — treasurers or trustees to lay out surplus of contributions, ib. § 6, ib. — and to bring the proceeds to account for the use of the society, ib. § 7, ib. — treasurers, &c. to render ac- counts, and pay over balan- ces, &c. ib. § 8, ib. — in case of neglect, applica- tion may be made to the court of session, ib ib. — no ſee to be taken for any proceedings in such courts, ib. § 9, ib. — executors to pay money due to socities before any other debts, ib. § 10, ib. — effects of, to be yested in the treasurers or trus- tees for the time being, who may bring, and defend ac- tions, ib. S II, ib. — to declare the purpose of their establishment before the confirmation of their lii INDEX. rules by the quarter-sessions, ib. § 12, ib. Friendly Societies, penalty for ºpplication of money, ib. 10, - consent necessary for dis- solution of, ib. ib. – stock not divestible but for the general purposes of the society, ib. ib. - rules to be entered into a book, and received in evi- dence, ib. § 13, ib. – may receive donations, ib. Ś 14, ib, — proceedings, where mem- bers think themselves ag- greived, ib. § 15, ib. — where general rules direct disputes to be settled by ar- bitration, the award of the arbitrators to be final, ib. § 16, ib. — no member of a society, producing a certificatethere- of, to be removeable till ac- tually chargeable to a parish, ib. S 17, ib. — how certificates are to be authenticated, ib. § 18, ib. – on complaint of parish offi- cers, justices may summon persons bringing certificetes to be examined, and make oath of their settlement, ib. Ś 19, ib. — copies of examinations to be given to the parties,which shall exempt them from fu- ture examination, ib. ib. — justices shall declare, by an order inwriting, the place of settlement of persons so examined, without issuing warrant for removal, ib. $20, ib. Friendly societies, copies of such orders, and of exami- nations, to be returned to the parish officers of the place of settlement, ib. ib. — persons aggreived, by ad- judication of justices, may appeal to the quarter-ses- sions, ib. § 21, ib. — no person who shall reside in any parish under this act shall thereby acquire a set- tlement, ib. § 22, ib. — nor for payingrates, ib.S. 23, ib. — nor any apprentice or Ser- vants to such persons, ib. § 24, ib. – bastards to have the mo- ther's settlement, ib. § 25, ib. — charges of maintaining or removing residents under this act to be reimbursed by the parish to which tde par- ties belong, ib. § 26, ib. — regulations exhibited atany quarter-sessions for the place where the society is estab- lished, may be exhibited at the quarter-sessions for the county, 43 Geo. III, c. 111, ib. — justices, on complaint, may enforcethe observance of the rules, and levy any arrears by distress and sale, 49 Geo. III, c. 125, § 1, ib. — societies established before 1795 allowed to file their rules, ib. § 2, ib. — orders of justices for pay- J , , , J INDEX. liii ment of money to specify the time and manner of pay- ment, ib. § 3, ib. Friendly societies, orders of justices to be made on offi- cers of societies by name, and served on them, ib, $ 4, ib. — ordered to be final, ib. §5, ib. Fruit trees, are they included under the regulations re- specting planting, ii, 515. Fry of salmon, their first pro- gress to the sea, ii, 587. Fugitation or outlawry does not pass against a stranger committing an offence here, but escaping, i, 113. Funds for maintaining the poor, ii, 8. Funeral charges, ii, 174. Fur manufactures, ii, 197. — wages, payment of, ii, 205. Furlough, iii, 43 – may a justice prolong a, iii, Fustian manufact. embezzle- ment in, ii, 198. — wages, payment, ii, 196. G Game debts, not competent to sue for payment of, under the small debt act, i, 159. — laws, ii, 546. — certificate, ii, 558. — who entitled to ask a sight of, ii, 560. — associations, i, 90. Gaming, ii, 357. Gaol. (See Jails, Prisons). Boroughs liable to have suf- ficient, ii, 274. Gaol, are boroughs of barony bovnd to have a, ii, 275. — maintenance of prisoners in il, 276. — keeping in condition, pre- cautions for, ii, 277. — do the British statutes re- lative to, extend to Scot- land, ii, 278. — liability of the magistrates in the case of criminals escaping from, ii, 278. — in the case of debtors escaping from, ib. — spiritous liquors not to be sold in ii. 281. — getting out of, ii, 284, 293. — obligation on justices to attend to the salubrity and cleanliness of, ii, 293. Gaoler paid the expences of a militia deserter’s subsist- ence, but no fee, iii, 100. — refusing to receive any non- commissioned officer or sol- dier, what penalty is incur- red by, ii, 283, iii, 174. — what allowance for the sol- dier's subsistence is paid to the, ii, 283 Gaolers fees, are they exigible from criminals, ii, 282. — from debtors, lb. Garden, is it included in a mi- nister’s manse, ii, 413. — provided to parochial schooolmasters, ii, 303. — when the schoolmaster is not entitled to a, ib. Garden, Francis, (lord Gar- denstone), disapproves of a decision of the court of ses- sion, sustaining a decree of liv INDEX. justices of peace, in a question of grass mail, i, 125. Garden, Francis (Lord Gar- denstone), disapprobation of a decision extending the ju- risdiction of justices, i, 124. — — his opinion as to our disuse offuriesin civil causes, i, 172. — — how far the act 5 Anne, c. 6, increased the power of Scottish constables; i, 305. — — concerning the right of the officer in the execution of a criminal warrant, to kill the delinquent running a- way, i, 339, 340. — — concerning the effect of legitimation by a sub- sequent marriage, if there be children of an interven- ing marriage, ii, 255. — — his advice to country gentlemen, in regard to mar- riage contracts, ii, 246, 247. — — respecting the frequent application for road acts, ii, 484. — — his eulogium on the Scot- tish road act, 1669, c. 10, ib. — — — on the Scottish sta- tute against cards, dice, and horse-racing, il, 361. Gatesmen, are they liable in statute labour, ii, 496. General acts of parliament. See Acts. — facts, may they be proved by history, i, 236. — histories, what are they evidence of, i, 236. t General issue. See Issue. May in England be pleaded by justices, i, 68. — — what it is, ib. - meeting of lieutenantcy, when held, iii, 62. -meeting for apportioningmi- litiamen among the parishes, under 47 Geo. III, c. 71, iii, 114. — meetings under the local militia act 52 Geo. III, c. 68, iii, 143. — — under 42, 46, and 49, Geo. III, are they ap- plicable to the local mili- tia, ib — nomination of justices in all commissions of the peace, i, 25. — quarter sessions, i, 77. — — how described by Lord Bankton, i, 76. — — where do they meet, i, 77. — — special, ib. — — by whom attended, i, 85. — — order of business, i 86. — rules as to evidence, i, 281. — Search warrants, i, 454. — statute giving the justices jurisdiction in excise mat- ters, iii, 346. — warrants, i, 460. Gilbert, Mr. his speech on the English poor laws, ii, 19. Glasgow, mode of levying the land-tax in, iii, 6, f. — mode of assessing for the poor im, ii, 45. Gleaning, right of by the Jew- ish law, ii, 9. 2 INDEX. lw Gleaning, by the law of Scot- land, ii, 49. — by the law of England, ib. Glebe, ii, 418. — its pertinents, ii, 426. — leases of, ii, 429. — feus, ii, 430. Golden charter of Edinburgh, case concerning, i, 4, and App. iii, No. 18. Golf, playing at, statutes con- cerning, ii, 5. Good fame, who are not of, i, 421. — behaviour, surety for, i, 420. — how different from surety for the peace, i, 420. — of whom may it be taken, i, 421. — See Surety. Goods, garbutts, or lighters, for carrying on rivers, as Clyde and Forth, are under police regulations, likestage- coaches, carriers, carts, &c. Grace of God, a paramount title, i, 18. — by whom first used, ib. — when first used by the Scot- tish kings, ib. Grain stipends, by 48 Geo. III, c. 138, § 8 and 11, always to be modified in, ii, 466, and App. i, No. 68. Grand-aunt, in England a man may marry his, ii, 208. , Grandfather, when liable to aliment his grand-children, ii, 256. — has he any power of ma- nagement, ib. Grandfather, uncle; and grand- niece, on whatfooting stands the prohibition as to their intermarriage, ii, 207, 208. Grass, soumes of, ii, 420. — minister’s right to, 431. – on the side of the highway, to whom does it belong, ii, 4,83. Great Britain, when was that style first assumed, i, 21. — seal, lord keeper of, a jus- tice of the peace, virtute off- cii, ii, 21. Greatseal of Scotland,by whom kept, i, 36. — to what writs is it append- ed, ib. — See Seal. Greenland fishery, is it lawful to press an apprentice in, iii, 258. — persons engaged in, how protected in regard to press- ing, iii, 268. Gregory, Pope, his letter to St. Augustus of Canterbury, the first example of the ca- non law, method of comput- ing degrees of consanguini- ty, ii, 208, a. Grievance, the king’s taking cognisance of causes com- plained of in the convention of estates as a, i, 2. Grotius, Hugo, condemns em- employing oaths on trivial occasions, i, 148. — his definition of punish- ment, i, 186. —his opinion how far the Mo- saical institutions in regard to crimes are now obliga- º ii, 8 — his idea of the importance lvi INDEX. of religion, in a political point of view, ii, 307. Ground-floor, the burdens on the proprietor of, ii, 389. Groundwork of the militia law, which statute is the, iii, 56. Gunpowder, statutes relative to, App. i, No. 89. — no pestle mill to be used in making, 12 Geo. III, c. 61, § 2, ib. — quantity to be made at one time under a single pair of mill-stones, 12 Geo. III, c. 61, § 3, ib. — quantity to be dried at one time, 12 Geo. III, c. 61, § 6. ib. – magazines to be kept re- mote from the mill, 12 Geo, III, c. 61, § 8, ib. — charcoal not to be kept near the mill, 12 Geo. III, c. 61, § 10, ib. — within what limits may be kept, 12 Geo. III, c. 61,s 11, ib. - sessions to licence the erect- ing of mills or magazines, 12 Geo. III, c. 61, § 18, ib. — land to be provided where- on to keep magazines, 12 Geo. III, c. 61, § 18. ib. — quantities to be carried at one time, 12 Geo. III, c. 61, § 18, ib. — Combustibles not to be kept on ship board, 12 Geo. III, c. 61, § 20, ib. – power of the justices to search, 12 Geo. III, c. 61, § 23, ib. — penalties, how to be recover- ed., 12 Geo. III, c. 61,26, ib. Gunpowder, prosecution, with- in what time it should be commenced, 12 Geo. III, c. 61, $27, ib. – exceptions, 12 Geo. III, c. 61, § 29, ib. – conveyance of 12 Geo. III, c. 81, ib. Gypsies, ii, 77. H. Habit worn by bankrupts, ii, 291. — in France, ib. — dispensation therewith, ii, 291. Haddington, its number of mi- litia under 42 Geo. III, c. 91, iii, 61. — its number of the local mi- litia under 52 Geo. III, c. 58, iii, 142, — with what counties does it compose a battalion of mili- tia, iii, 72. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Hailes, Lord. See Sir David Dalrymple. Haining time, ii, 526. Hair-powder tax in the case of volunteers, iii, 204. Half-pay officers, serving as militia subalterns, what oath do they take on receiving their half-pay, iii, 76. — what volunteers entitled to, iii, 213. — officers of the army, navy, or marines exempted from the local militia, iii, 148. Handicrafts, prices of, what INDEX, lvii jurisdiction have the justices in fixing, i, 118. Handwrit, similitude of, is it evidence, i, 237. Hang-nets, in the salmon fish- ery, ii, 596. Harbirgeon, who obliged to have, iii, 277. Hare-killing in snow, ii, 561. - shooting, ib. - is reference to oath compe- tent, ii, 572. Hares, repeal of Queen Anne's act against shooting, by 48 Geo. III, c. 94, ii, 546, 547, and App. i, No. 70. Harpooners, when are they liable to be pressed, iii, 268. Harris, Mr. his translation of Honeste wivere, i, 354, b. Hatmakers, punishment of the frauds of, ii, 197. — payment of the wages of, ii, 204. Hawkins, Sir John, his account of machinery for fishing sal- mon, contrary to Magna Charta, ii, 585, a. Hawking, ii, 546. Hawks, stealing of, ii, 574. Head-borough, office of, iii, 258. — is heliable to be pressed, ib. — of the shire, what sessions are held there, i, 77. Health, public, regulations for preserving, ii, 88. — may the privilege of cessio bonorum be granted to a per- son out of prison on a bill of, ii, 290. Hearsay, whenevidence,i,284. Hearse-letting, when exclusive to kirk-sessions, ii, 24. # Heathen world did not pro- vide by law for the poor, ii, 8. —religionnecessarily connect- ed with the state, ii, 307, — not tolerant, ii, 309. Heathens, are they competent witnesses in our courts, i, 259, 260. — how sworn, ib. Heath-fowl, time of killing, ii, 566. Heckles, in the linen manufac- ture, iii, 290. ecks of cruives regulated, ii, 584, &c. Heineccius, his division of things, ii, 382 Heinous offences, though pur- sued for only to the effect of reparation, or a slight punishment, do they require a jury, i, 174. Heirs-apparent, how far the same, as proprietors, in re- gard to militia qualifications, iii, 58. — of peers, may they act with- out the pecuniary qualifica- tions, ib. Hemp manufacture, statutes concerning iii, 285. — — frauds in, ii, 197. — payment of wages in,ii,211. — seed, iii, 288. Heraldry, mark of bastardy in, ii, 268. 2 — See Coats armorial. Herbert's antiquities, last trial by battle, i, 395. Herd (keeper) of cattle, does the act 1686, c. 11, ap- ply where a herd is kept, ii, 528. lviii INDEX. Herding (keeping) of cattle, ii, 526. Hereditary jurisdiction, evils of, i, 7. IIereford, mayor oſ, laid by the heels for judging in his own cause, i, 61. Heresy, mistaken ideas of the Scottish reformers as to the right of the magistrate to interfere concerning, ii, 322. Heritage, meaning of the term in regard to the qualification for killing game, ii, 548. Heritors, meaning of the term in the act 1661, c. 33, ii, 415. — in the act 1668, c.12, touch- ing manses, ib. — is their presence necessary to validate an assessment for the poor, ii, 35. — their controul over the kirk- session, in regard to the dis- posal of the weekly collec- tions, ii, 23. — how, under 52 Geo. III, c. 68, they may avoid a ballot for the local militia, iii, 147. Heron shooting, ii, 564. Hides, injuring of, iii, 313. High Steward, Lord, can he keep the peace in Scotland, i, 2. ' Highlanders, schools provided for, ii, 299. Highways, ii, 482. Hire, can an inkeeper refuse his horses for, ii, 510. Histories, in what cases are they evidence. See Evi- dence. Holidays, courts not to be held in, i, 78. Holograph bond, when it pre- scribes, i, 241. - cases of ea and in-trinsic, in a reference to oath concern- ing, ib. Holyroodhouse, sanctuary of, i, 83, ii, 442. See Sanctu- ary. Holy Scriptures, appealed to in the support of the legali- ty of gathering, ii, 9. Home, Henry (Lord Kames), his history of the disuse of juries in civil causes, i, 166. – his opinion of that innova- tion, i, 172, — Sir William Blackstone’s eulogium on his law specu- lations, i, 172. – examination of his doc- trime, that by theiaw of Scot- land the priest's blessing is essential to marriage,ii,217. — his testimony in favour of the excellency of the Scot- tish poor laws, ii.20. — disapproves of the decision sustaining a division of valu- ation made at a wrong meetr ing, iii, 16. Homer, epithet bestowed on kings by, ii, 308, d. Homologation of an informal indenture by a boy under age, ii, 178, a. Homeste wivere, different trans- lations of, i, 354, b. Horn, does the king get the . liferent of the glebe, if the parish minister be a year and a day at the, ii, 418. Hornbeam, is it timber under statutes, ii, 518, a. Horning, decrees of justices INDEX. lix no warrant for letters of, i 290. Horse-races, ii, 377. — road, servitude of, ii, 404. — is an innkeeper obliged to receive into his stable the horse of a man who does not lodge with him, ii, 510. Horses, regulations as to the number to be used in car- riages, ii, 503, 504. — duty on, if exacted from volunteers, iii, 204. — employed in removing smuggled goods, duty of jus- tices in regard to, iii, 339. Host, king's (feudal army), ii, 277. Hounds, stealing of, ii, 574. House, warrant to break open, i, 454. Houses, supernumerary, in a valuation of teinds, ii, 459. — entering, to search for un- lawful bread, ii, 120. — how are they assessed for relief to militiamen under 43 Geo. III, c. 89, iii, 105. House-tax, those not rated for, dont pay militia assessment, ib. Household bread, ii, 130. Hucksters, ii, 92. Hudes (hoods) of the ladies, statutory regulations con- cerning, ii, 8. Humani juris, things, ii, 388. Human laws, their sanction, i, 185. Hume, David, ascribes the lengths to which the Came- ronians went to the violence and oppression of Charles II’s administration, ii, 315, U1. Hume, Mr. advocate, his enu- meration of causes tried summarily, i, 176. — his classification of crimes, i, 191. —his opinion as to the lord ad- vocate being compellable to give his concurrence, i, 96. — differs from Sir Geo. Mac- kenzie, as to the obligation of the public prosecutor to give up the name of his in- former, i, 98. — his doubt as to the legality of the Dutch government giving up W. Brodie, or al- lowing him to be seized, i, 193. Hunting. See Game, ii, 546. Husband and wife, ii, 207. — rights and interests, ii, 240. — instance of a husband tak- ing out a writ of lawburrows against his wife, i, 406, a. Hutcheson, Dr. his condemna- tion of the multiplication of oaths, i, 149. — his distinction between chastisement and punish- ment, i, 187, b. Hypothec of the titular, ii, 454. J Jail. See Prison, Gaol. Jailors, how far responsible un- der 1701, c. 6, i, 474. Jewels, is their loss guarded against by the edict nautae caupones, &c. ii, 511. Jewish law. See Mosaical In- stitutions, lx INDEX, Jew, how sworn as a witness, i, 259. Illustris, who had that title in the Constantinopolitan court, i, 20, d. — when the kings of France assumed that epithet, i, 21. —given to some of our ancient kings, ib. Imperfect rights, i, 354. Imperial, the Scottish crown, i, 24. — notaries, i, 51. Impressing, law of, iii, 255. Imprisonment long, reprobat- ed by our law, i, 223. — solitary, with and without work, i, 224, a. — can one imprisoned by the public be arrested for debt, i, 226. — when is it a method of en- forcing the decrees of the justices, i, 291. — meaning of the term in the act 1701, c. 6, i, 500. — of a man ballotted for the militia, and refusing to be examined, what does 43 Geo. III, c. 100, prescribe con- cerning the, iii, 107. — for the local militia, and refusing to be examined, what does 52 Geo. III, c. 68, prescribeconcerning the, iii, 146. – preparatory to a court mar- tial, iii, 84, 174. — in a correction house, when may a local militiaman be sentenced to, iii, 174. Impropriation, (erection) of church lands and teinds, ii, 437. Inartificial proof, i, 228. Incendiary letters, i, 391. Inclosure, mutual, ii, 530. Income, what exempts from service in the regular militia, iii, 67. Incorrigible rogues, ii, 74. Incorporate acres, do they fall under the rumridge statute, ii, 537. Incorporeal hereditaments, ii, 398. Indecency punished, ii, 339 Indemnification, in what cases is the person injured, en- titled to have, i, 186. Indemnity acts, for exempting magistrates from the penal- ties for not taking the oaths, i, 49. g — whom do these acts not ex- tend to, ib. Indentures, ii, 178. — must they be shewn to the officer to prevent an apprentice from being press- ed., iii, 263. — in England, how long canin- fants be bound by, ii, b. 178. Indorsation of warrants, i, 60, 461. — in excise law, iii, 357. Inducia, beforethejustices,i,288. — different according to the libel, i, 289. — some always necessary, i, 289-426. — In summary complaints, i, 289. — in the case of apprehending debtor, i, 426. Infamous punishments, i, 201. Infamy, what offences are pu- nishable with legal, i, ib. INDEX, lxi Infamy chiefly in view in cor- poral punishments inflicted by the civil magistrate, i, 203. — not the consequence of in- famous punishments when inflicted without an assize, i, 202. - what disqualifies a witness, i, 270: Inferior proprietor, his rights, ii, 391. Infeudation of teinds prohibit- ed by the Lateran council, ii, 437. Informations in excise law, iii, 350. — in excise laws, if partially proved, iii, 353. — if laid for more than one neglect, why is the specifi- cation of weeks or months necessary, iii, 353. – if the rates and duties are different, according to the different qualities of liquors or natures of the articles, what must the information specify, iii, 354. Informer, what part of the pe- malty for acting as deputy- lieutenant or militia officer, without the requisite qua- lification, goes to the, iii, 65. — signed, necessary in com- mitting aman for trial,i,469. — is the public prosecutor obliged to give up, i, 98. Inhibition of teinds, ii, 462. Innkeeper, can he refuse to admit a guest, or let his horses or chaises, ii, 510. Innkeepers, their responsibili- ty, ii, 166, 508, 510. < Inlisting. See Enlisting. Inlistment of soldiers in the East India Company’s ser- vice, iii, 29. Innocent, pope, his testimony as to the antiquity of the priest's blessing in the cele- bration of marriage, ii, 219. Inscales. See Cruives. — must they be taken out during the Saturday's slope, ii, 593. Inspection of volunteers, if ne- cessary to entitle them to their privileges. iii, 204. Inspectors of hides, iii, 316. Instalments, decrees of justices under the small debt act or- dering payment by, i, 151. Instance, remedy, if the public prosecutor refuse to give his, i, 96. Instruction to depone, what is meant by, i, 264. Insufficient cloth brought to be stamped, iii, 299. Insuring against the local mi- litia prohibited, iii, 147. — against the militia pro- hibited to constables and certain other persons, iii, Interdiction of imbecile per- sons, ii, 272. Interest disqualifying a wit- ness, i, 274. Interested witness admissable by a British statute, in the case of a false reeling, ii, 206. — justices, who, as such, are prohibited from inter- fering in excise matters, iii, 348. Intimation, in order to obtain lxii INDEX. liberation under the act1701, c. 6, to whom must the pri- soner make, i, 490. Intrinsic quality in an oath of reference, i, 240. Invasion, calling out the mili- tia in case of, iii, 84. Inventory of tutors and cura- tors, ii, 271. Inverkeithing, its quota of supply, App. i, Nos. 79 and 80. Inverness, its number of mili- tiamen, c. 91, iii, 62. — does it compose a battalion, iii, 72. — its number of local militia, iii, 142. — its quota of supply, App. i, Nos. 79 and 80. Jones, Sir William, his idea of the discretionary power of judges, i, 137. —his eulogy of Pothier, ii,472. Journeymen bakers offending against the assize law, how punishable, ii, 122. Ireland, law of, regarding mar- riage, ii, 221. — linen cloth, without the just stamps, imported from, iii, 223. Irenarchae, i, 5. Iron manufacture, embezzle- ment in, ii, 197. — payment of wages in mo- ney, ii, 204. Irregular marriage, ii, 231. Issue, 7 James VI, c. 5, allows them to plead the general, i, 68. Judgment, form of in excise, questions, iii, 301. Judges, what, are keepers of the peace virtute ºfficii, i, 2, 3. * Judges, ordinary, their juris- diction, how different from that of the justices of the peace, i, ſ 15. Judicial trials among the an- cient Goths, i, 2. — records how far evidence, i, 231. — examination, i, 461. — minutes bearing a party’s confession, what is neces- sary in order to make it have faith, i, 233. Judicio sisti, i, 429. Judicatum soloi, i, 429, 480. Jug, standard, ii, 151. Jugglers, ii, 81. g Juggs, punishment of, i, 225. Jurisdiction, origin of, i, 105. — of the sessions, criminal, i, 160. º — consuetudinary in petty de- linquencies, i, 178. — civil, i, 110. — in one case liberally con- strued, i, 116, 117. — can it arise from proroga- tion in civil matters, i, 124. — can they do ministerial acts beyond it, i, 58. — in the case of two adjoin- ing counties, what can the justices of each respectively do, i, 58. — voluntary, where can it be exercised, i, 59. — consuetudinary, in small causes, i, 130. — how different from that of judges ordinary, i, 113. — of the sessions, how limit- ed in England, i, 162. INT) EX, lxiii Jurisdiction of the justices, why more limited in Scot- land than in England, i, 163, — under 42 Geo. III, c. 91, concerning militia; its fi- nalty, iii, 95. — under the militia act of 47 Geo. III, c. 71, iii, 12%. — finality, ib. Jurisdictions hereditary, evils of, i, 7. Jury, judges of the law, i, 216. -- came to confine their ver- dict to proven and not pro- ven, ib. — their ancient and constitu- tional rights recovered, and never questioned since the trial of Carnegie of Finha- ven, i, 217. — not at liberty to decide a- gainst law on ideas of equity, i, 218, b. – trial, its history in Scot- land, i, 165. - Lord Justice Clerk, Mac- queen’s opinion as to the ses- sions employing a, i, 164, a. — why never employed by the Scottish sessions of the peace, i, 163. — its antiquity in Scotland, i, 167. — anciently used in all causes, civil as well as criminal, ib. — how and by what courts first disused, i, 168. — in what causes first disused, i, 170. — Lord Kames’s remark on the gradual disuse of juries, i, 169. — opinion of Lords Kames and Gardenstone as to the Ygi. III. disuse of jury trial in civil causes, i, 172. Jury, innovations gradually in- troduced of inferior judges trying criminal offences with- out a, i, 173. — abuses corrected by the court of justiciary, in the case of Piscatoré, ib. — what offences may still be tried without a, i, 175. — may corporal punishments be inflicted without a, i, 204, 218. g — does legal infamy attach to punishments inflicted with- out a, i, 204. — in what cases necessary, i, 171, 175. — extended in civil causes by 55 Geo. III, c. 42, App. i, No. 85. Jus mariti, ii, 242, 243. Justice of the peace, why so called, i, 5. — one, powers of, under the vagrant act, ii, 82, 86. — one, may commit a quak- er not paying the fine un- der 52 Geo. III, c. 68, iii, 153. * — one, may issue his warrant for a search of gunpowder kept contrary to the injunc- tions of 12 Geo. III, c. 61, App. i, No. 89. — of the peace, his power in case of a local militiaman not joining or deserting, iii, 180. — one, his powers of whip- ping under pawn-brokers act 39 and 40 Geo. III, c. 99, § 8, App. i, No. 91. G 3 ixiv IND EX, Justice of the peace, his juris- diction in regard to the arms of volunteer corps, iii, 215. — what any one, may do un- der 47 Geo. III, c. 71, iii, 122. — his jurisdiction, if volun- teers neglect to pay their fines, iii, 217. — in musters, iii, 34. — his private knowledge suffi- cient proof of a militiaman’s desertion, iii, 82. — may issue his warrant to the commander of the regiment, for giving a reward for the apprehending of a deserter, iii, 84. – entitled to grant an order for the allowance to the fa- milies of militiamen, under 43 Geo III, c. 89, iii, 104. —must sign the account of the money paid by the collector of the county to the kirk- treasurer for relief of families of militiamen, iii, 105. — his written consent, or that of the deputy-lieutenant, ne- cessary for allowing a man drawn for the militia part of the fine of £20, iii, 116. — one may grant Warrant for relief of a local militia- man falling sick on the road, iii, 168. — may quarter and billet lo- cal militiamen, iii, 168. — and a deputy-lieutenant, their powers under 52 Geo. III, c. 68, local militia, may cause the balloting, iii, 145. — on what authority may a justice order carriages for them, iii, 169. Justices of peace, nature of their jurisdiction, i, 115. — powers of, in relation to the assize of bread, ii, 103. — if a justice of the peace in England certify that the peace has been broken in his presence, can the record be traversed, i, 7. — jurisdiction of, under the British acts relating to ma- nufactures, ii, 197, &c. — highways, ii, 482. — powers of, in offences con- cerning planting, ii, 512. — in the case of stamped cer- tificates to kill game, iii, 559. – under the mutiny act, iii, 26. — the quartering of soldiers, iii, 43. — in prolonging furloughs, iii, — in lotteries, ii, 376. — in regard to weights, ii, 155. – under 42 Geo. III, c. 73, ii, 179. – under 13 Geo. III, c. 54, game law, ii, 554. — under the British acts re- lating to manufactures, ii, 201. – under the laws respecting the plague, ii, 91. — may interfere where the ma- gistrates neglect their duty in regard to the assize, ii, 143. – under the acts concerning planting, ii, 513. INDEX: 1xv Justices of peace, concerning episcopal meeting-houses, ii, 349. — are they punishable in England at the suit of the private party, i, 60. — not liable both to a crimi- nal prosecution and civil ac- tion of damages, i, 67. — how different from judges * ordinary, i, j 15. — may appoint a deputy to act under 42 Geo. III, c. 91, for a constable who is a quaker, iii, 65. — by the king’s commission, have they greater powers than justices by ratified charters, i, 11. — two, may settle any dispute between a servant inrolled for the militia, and his mas- ter concerning wages, un- der £20 sterling, iii, 70. -— two, jurisdiction of, under local militia act 52 Geo. III, c 68, what fine may they impose for neglecting te ap- peal, iii, 144. — are obliged to provide car- riages for militiamen under iii, 79. — at the quarter-sessions must allow the treasurer of the kirk-session payment for his trouble in giving relief to the families of militiamen, iii, 104. — when allowed to act as de- puty-lieutenants under 47 Geo. III, c. 71, iii, 122. — their jurisdiction under 44 Geo. III, c. 54, iii, 210. — two, are they entitled to call out the local militia to suppress a riot, iii, 165. Justices, their jurisdiction in regard to the deposit of arms ofthe volunteer corps,iii,214. — their power of mitigating penalties under 44 Geo. III, c. 54, iii, 218. — of peace, what have they to do in apprehending and bringing back deserters, iii, 82, &c. — their jurisdiction in regu- lating the allowance to fa- milies of militiamen, iii, 103. — must hold courts with open doors, App. i, No. 83. — their jurisdiction in regard to false characters to ser- vants, ii, 162. Justiciary, lords of, whom did they succeed, i, 8. — are conservators of the peace, i, 8. — court, peculiarity in the style of their arrest-warrants, i., 461. — may liberate on bail to per- sons committed on suspicion of capital crimes, i, 476. K Kains, in a valuation of teinds, what deduction is allowed under, ii, 470. Kames, lord. Home. Keeper, lord, can he keep the peace in Scotland, i, 2. Keepers of the peace, i, 1, &c. Kenyon, lord chief justice, his charge concerning local weights and measures, ii, 158, a. See Henry G g 2 lxvi. IN1) EX, Kenyon, lord, his opinion con- cerning pressing, iii, 257. Kidells, ii, 585. Kilkerran, lord, his remark concerning the uncertainty of our laws when jury-trial is necessary, i, 167. Kiln for burning lime, is it a nuisance, ii, 97, Kincardine, its number of mi- litiamen under 42 Geo. III, c. 91, iii, 62. — with what county does it compose a battalion of mi- litia, iii, 72. — its number of local militia, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — its quota of supply under 38 Geo. III, c. 5, App. i, No. 80. Kindred, what may not marry, ii, 207, &c. — unlawful, does the right of action ever descend to, i, 94. Kinghorn, magistrates of, their regulations concerning the ferry, ii, 506, 507. King. See Soverign. — principal conservator of the peace, i, 1. — can he take a recogni- sance, i. 2. — can he preside personally in courts of justice, i, 2, 6. — can he be examined as a witness, i, 262. * — the authority of justices of peace determined by the death of the, i, 50. — what is compassing the death of the, i, 358. King, levying war against the, i, 360, - aiding the enemies of the, i, 361. — counterfeiting the seal of the, ib. — praying for the, ii, 346. King's evidence, for what of. fence is he pardoned, i, 466. - can a justice of peace ad- mit a prisoner as, i, 467. — service, had it in France any prerogative beyond that of other masters, ii, 173. - Supremacy in causes eccle- siastical, ii, 320. - host, or feudal army, iii, 25. — forests, ii, 551. * – right to the game, ib. – highway, why so called, ii, 482. Kings, epithet given to in holy writ, ii, 308. – in Homer, ib. - in the laws of Menu, de- scription, ib. - the plural number, when first used by, i, 24. Kinross, its number of militia- men under 42 Geo. III, c. 91, iii, 61. — with what county does it compose a battalion of mi- litia, iii, 72. - its number of local militia under 52 Geo. III, c. 68, iii, 143. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c, 5, App. i, No. 80. Kirkcudbright. its number of militiamen under 42 Geo. III, c. 91, iii, 62. INDEX, lxvii Kirkcudbright,with what coun- ty does it compose a batta- lion of militia, iii, 72. — its number of local militia under 52 Geo. III, c. 52, c. 68, iii, 142. – its quota of supply under 1699, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, App, i, No. 80. Kirk-session, its duty in regard to militiamen enlisting un- der 47 Geo. III, c. 57, iii, 113. — its rights to the profits of letting out a hearse for hire, ii, 24, a. — to exact fees at baptisms and marriages, ii, 25. — patrimony, ii, 410. — its right to appoint proper officers, and provide for their maintenance, ii, 52. — its power of disposal of the weekly collections, ii, 50, 52, a, and App. iii, Nos. 5, 6. Kirk-treasurer pays the allow- ance to militiamen’s fami- lies under 43 Geo. III, c. 89, iii, 104. Knowledge, private, of the ma- gistrate, a case where he may proceed thereon, iii, Knox, John, form of church policy drawn up by, ii, 313, h. — Dr. Robertson's remarks on the political speculations of, ii, 312, b. — represented the clergy at the convention which depos- cd the queen dowager from the regency, ii, 313, c. . L. Labour, price of, repeal of the acts empowering the justices to fix, i, 117, and App. i, No. 72. — statute, for repairing high- ways, ii, 496. Lace merchants, ii, 204. Ladies, vain attempts of the Scottish parliament to regu- late their dress, ii, 3. — directed by various statutes to dress suitably to the for- tune of their husbands, ib. — enjoined by the parliament to dress in curches of their own making, ii, 4. Laing, Mr. his account of Charles II. asking lawbur- rows against his subjects, i, 409, a. — his account of king Wil- iam refusing to take the co- romation oath till the perse- cuting clause was explain- ed., ii, 324. Lake, in a valuation of teinds, is deduction allowed of the expence of draining, ii, 461. Lanark, does it compose a bat- talion of militia, iii, 72. — its number of local militia under 52 Geo. III, c. 68, iii, 142. —its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Lanark, mad-houses in, by whom inspected,55Geo.III, c. 69, $ 5, App. i, No. 87. Land, appointing of, for gun- powder magazines, 12 Geo, III, c. 61, § 16, App.i, No.89, lxviii IND EX. Landward. See Parish. Landlords ordered to find se- curity that their tenants shall not kill salmon in forbidden times, ii, 581. Landmen on board a fishing vessel, when not liable to be impressed, iii, 268. Lands annexed quoad sacra, are they liable in repairs of the manse of the parish to which they are annexed, ii, 417. — of the church, ii, 479. Ilandsman at common law, can he be adjudged to the sea- service, i, 227. Land-tax, iii, 1. — redemption of, iii, 9. Lapping of linen-cloth, iii,303. Larch, is it timber under the British statutes, ii, 518. Lateran council first introduc- ed banns of marriage, ii, 224. — its regulation respecting schools, ii, 297. — prohibited the infeudation of tithes, ii, 437. Law, Athenian, allowed mar- riage between brother and sister by the father’s side, ii, 209. — Spartam, between brother and sister uterine, ib. — may one marry his sister. in, ii, 211, a. — human, its imperfections, j, 126, and ii, 307. — expence and delays of, call- ed by Montesquieu the price of liberty, i, 128. - methods in Denmark for diminishing, in small causes the expence of, i, 129. Lawburrows, i, 401. — taken out by James against his subjects, i, 409, b. Lawns, French, iii, 298. Lease of a glebe, ii, 429. Leasing making, i, 368. Leathern manufactory, embez- zlement and frauds in, ii.,197. — wages pain in money, ii, 203. — regulations concerning, iii, 313. Lectures, reading on public grievances, i, 371. Legal evidence, the equitable powers of a justice does not permit him to judge with- out or against, i, 282. Legitimacy, presumption in fa- vours of, ii, 252, — more than ordinary, ib. — if either parent have ac- knowledged the, ii, 253, Legitimate children, from the bona ſides of either of the pa- rents by the canon law, ib. Legitimation per subsequens ma- trimonium, ii, 254. — by the French: law, etiam in agone mortis, ib. — if there be children of an intervening marriage, ib. — letters of, ii, 268, 269. Legitime, ii, 260. Letter, incendiary, i, 391. — patent, i, 33, — shut, ib. Letters, all deeds originally so termed, i, 32. Lewdness, ii, 339. Liable, master, for a servant, ii, 164. Libel, forms of, i, 287. App. I1, INDEX. lxix Libel, subscription of, i, 288. — inducia, ib. — may there be more than one pursuer in the same, i, 91. Libels, opposite, can the fiscal give his concourse to, i, 97. Liberal construction of the jus- tices powers, i, 119. Liberation under the act 1701, i, 494. — warrant of, in what cases necessary, ii, 280. Liberties, justices have juris- diction within, as well as without, i, 56. — can justices exercise juris- diction within liberties where the town is a county within itself, i, 56. Licence for opening a house to read lectures, i, 371. — for rooms for reading, i, 374. — for selling ale, when may it be recalled, ib. — for killing game, ii, 558. — if taken out for a menial servant, ii, 559. Licensed clergymen exempt from the local militia, iii, 149. Lieges, arming, iii, 277. Lieutenancy, quorum of, iii, 62. — general meetings under 42 Geo. III, c. 94, ib. n. Lieutenants of counties, and their deputies, acting in the execution of the militia law, have they the benefit of 24 Geo. III, c. 44, for the in- demnification of justices of peace and constables, iii, 93. — transmit an account to the privy council of the militia- men discharged under 47 Geo. III, c. 57, iii, 111. Lieutenants of counties, what act authorises his Majesty to appoint, iii, 56. — their powers, iii, 67. — if out of the kingdom, who may be authorised to act for, iii, 62. — their duty when the militia is drawn out, iii, 85. — their yearly returns, iii, 86, — what is their duty if the number of militiamen en- listing into the regulars ex- ceed or fall short of the quo- ta of the county, iii, 109. — when have they power to displace officers in the mili- tia, iii, 61. — of local militia, iii, 141. — of counties. See Qualifi- cation. Lieutenant-colonel in the mi- litia, his qualification, iii, 57, 59. See Qualification. — when may an officer in the local militia have higher rank than, iii, 138. Liferent, what, ii, 399. — over what things, ib. Liferenter, if liable for rebuild- ing a manse, ii, 416. — if liable for repairing it, ib. Light, servitude of, ii, 403. Lighters in the river Thames. See Garbotts. Lilliput, Dr. Swift's remark concerning a peculiarity in the laws of, i, 185, c. Lime furnished to the tenants, is there any deduction for in a valuation of teinds, ii, 462, lxx INDEX. Lime-kiln, is it a nuisance, ii, 97. Lime-trees, are they timber un- der 6 Geo. III, c. 48, ii, 518. Limitation of actions in excise law, iii, 354. Lineal measure, ii, 151. Linen, the pay of militiamen may be stopped for provid- ing them with, iii, 79. — manufacture,embezzlement and frauds in, ii, 194. — — payment of wages in, ii, 204. — — regulations, iii, 285. Linlithgow, along with what counties does it compose a battalion of militia, iii, 72. — its number under 42 Geo. III, c. 91, iii, 61. — its number of local militia under 52 Geo. III, c. 68, iii, 72. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, App. i, No. 80. — firlot, ii, 182. Lint, steeping of, ii, 6. I.intseed and hempseed, iii,288. Liquid measure, writ of ii, 151. List, militia, if it be lost, the remedy, iii, 68. — to be prepared when the militia regiment is drawn out, iii, 86. — if the militia regiment is to be embodied only in part, iii, 87. Lists, new, to be made up un- der 43 Geo.III, c. 50, iii, 98. — new, and amended, under 47 Geo. III, c. 71, iii, 114. Lists, new, the necessity of, when a reason appears for extending the time of bal- lot, iii, 115. — return of, under 47 Geo. III, c. 71, ib. — publication of, under 47 Geo. III, c. 71, ib. Litigation, necessarily expen- sive in free states, i, 127. Litis contestation, i, 102. Littlegoes, ii, 375. Liturgy,Scottish,differentfrom the English, ii, 314, f. —imprudently pressed on this country by Charles I, ib. Loanings for cattle, ii, 403. Local militia, rank of officers in, iii, 138. — qualification of do. 139. — — in Edinburgh, iii, 140. — what acts for the regular militia are applicable to, iii, 143. — who exempt from serving in, iii, 148. — when are they entitled to enlist, iii, 155. — vacancies, how filled up, iii, 155. — when embodied, what al- lowance have they, iii, 163. — when may they be sent to an adjoining county, ib. — by whom may it be called out to suppress riot, iii, 165. — when they are called out for exercise, or to suppress a riot, what is the duty of the justices of peace, iii,169. — when, and to what extent are they subject to the mu- tiny act and articles of war, iii, 166. INDEX, Ixxi Local militia, trial by courts- martial, general and regi- mental, ib. — militiamen falling sick on the road, by whom is he to be relieved, iii, 168. — by whom billetted, ib. — returns, by whom and how made out, iii, 170. — what part of local militia- men are always subject to the mutiny act, iii, 172. — when a private local mili- tiaman may be tried by a court-martial when the mili- tia are not embodied, ib. — when and where may he be imprisoned in any house of correction, for a period not exceeding twelve months, iii, 174. — their arms, when not em- bodied, how kept, iii, 175. — militia, embodying of, iii, I84. — not to be sent out of Bri- tain, ib. — officers, may they sit on courts-martial for the trial of officers or soldiers of other forces, ib. — men attending at the bal- lot, not chosen, what are they to be allowed, iii, 189. — increase of, iii, 190. — commissions in, do they vacate seats in parliament, iii, 196. — — not subject to any stamp duty, iii, 197. — application of penalties, iii, 197. Local weights and measures, ii, 157. Locality, ii, 469. — in case of two parishes united, quoad omnia, is there as to each a separate, ii, 473. — teinds purchased during a, ii, 473. * Locatio operarum, ii, 160. Locke, his definition of the state, ii, 307. — his doctrine of toleration, ii, 343. — his exception as to athe- ism examined, ib. e. — his account of the origin of property, ii, 381. Lords. See Chancellor, Jus- ticiary, &c. Lord’s day. See Sunday. Losses, what, are innkeepers, &c. made responsible for, ii, 511. Lottery, public, ii, 371. — state, ii, 379 Loughborough (Lord Chan- cellor) his construction of the riot act, i, 378. — his distinction between martial and military law, iii, 27. Lunatic, public asylums, not interfered with by 55 Geo. III, c. 69, $18, App.i, No. 87. Luxury of the table, statutory regulations concerning, ii, 5. — of dress, ib. Lyttleton, Lord, his speech on the English poor laws, ii, 19. — his opinion as to the Eng- lish claim of sovereignty not extending north of the Forth, i, 2, b. lxxii INDEX. M Mabillon, his account of the origin of kings using the plural, i, 25. — story in illustration of the style “ witness ourself,” be- ing a peculiarity of the Eng- lish kings, i, 40. Mackenzie, Sir George, speaks of the coroner as then ob- solete, i, 5. w — his opinion as to the power of the magistrate to restrain individuals in the enjoyment of their property, ii, 6. — his account of duelling, i, 393. — attempts to vindicate Ch. II’s asking lawburrows a- gainst his subjects, i, 409. — his opinion as to the act 1587, c. 29, includingteinds in the annexation,ii, 437, b. Maclaurin, John, (Lord Dreg- horn) reprobates the prac- tice of inferior courts inflict- ing corporal punishments without a jury, i, 205. — his account of the opinion of the court in the case of Piscatoré, ib. Maconochie, Allan, (lord Mea- dowbank) his essay on the origin and structure of Eu- ropean legislature, i, 2, and iii, 2, a. — his opinion of the prece- dency of the chiefs of the northern nations at judicial trials, i, 2. -— shews the consistency of this with the power of juries, and the importance of the people under the constitu- tions of the ancient Goths, ib. Macqucen’s, lord justice clerk, opinion in the general ques- tion concerning the right of a servant to enlist, ii, 172, a. — his opinion as to the power of protecting from arrestdur- ing attendance being adhe- rent in all courts, i, 81. — his opinion of the constitu- tion of the Scottish sessions of the peace being compat- ible with the use of an as- size, i, 164. — his opinion that statutory clauses excluding the review of the court of session, do not apply where the inlist- ment itself is called in ques- tion, ii, 172, c. — approved of the decision that one foreigner can arrest another till he find security judicio sisti, i, 449. Mad-houses, act for regulat- ing, App. i, No. 87. Magazines for gunpowder to be kept remote from the mill, 12 Geo. III, c. 61, § 8. App. i, No. 89. Magistrate, has he any right to punish for heresy, ii, 307. Magistrates. See Borough. — the discretionary power en- trusted to them in the punish- ment of crimes, i, 227. — whence they derive their jurisdiction, i, 1. — of boroughs, their jurisdic- tion, how different from that of justices of peace, i, 114. — how liable, if prisoners cº- cape, ii, 278, IN DEX. lxxiii Magistrates, if prisoners are sick, duty of, ii, 278. — of boroughs of barony, their obligations as to prisoners, ii, 275. — personally liable for the amount, where they neglect to make assessments ordered by 42 Geo. III, c. 91, iii, 92. — if saved by bona fides from damages under the act 1701, c. 6, i, 468. — the duty of, in regard to taking the power of the county, i, 330. — their duty under the riot act, i, 377. Mahometan, how sworn, i, 259. Mail, stealing of the, i, 194. Maintenance,areparents bound to maintain their indigent children, ii, 256. — grandchildren, ib. — bastards, ib. — of soldiers, ii, 54. – of families of militiamen, iii, 103. Major in the militia, his quali- fication, iii, 57. — officer promoted to the rank of inconsequence of an aug- mentation of the militia,what rank does he hold in the ge- neral militia service, after reduction, iii, 60. Manse, ii, 410. Mansfied, earl of, his view of toleration, i, 261, and ii, 336, b. – his opinion concerning im- pressing, iii, 256. Manufactory, the act 42 Geo. III, c. 73, ordered to be hung up in every, ii, 180. Manfacturer, on what articles is the excise duty paid by, iii, 341. Manufactures, iii, 283. Maple, is it timber under the statutes, ii, 518. March dike. See Mutual In- closure. Marches, straightening,ii, 534. Mare liberum an mare clausum, what the question resolves into, ii, 385, b. Marines, may men enlisting in- to the regulars be transfer- red into, iii, 111. Markets, regulation of, ii, 93. Marking of bread, ii, 118, 131. Marſ in a glebe, does it belong to the minister, ii, 428. — furnished to tenants, is there in a valuation of teinds a deduction for, ii., 462. Marriage, ii, 207. — can justices punish the ir- regular celebration of, i, 120. — can the kirk-session exact fees at the celebration of, ii, 25. — who are authorised by law to celebrate, ii, 225. — does a female servant be- come free of her service by, ii, 171. — law, why necessary to be known by justices of peace, ii, 207. — contracts, three kinds of, ii, 246, 247, a. Married men, their privileges under the militia acts, iii, 103. lxxiv INDEX, Married militiamen, in what case have they the same privilege with soldiers as to exercising trades within li- berties, iii, 103. Marrying without the officer’s consent, what does 43 Geo. III, c. 89, ordain as to mi- litiamen, iii, 103. Marshall, lord, is he, ea officio, a conservator of the peace in Scotland, i, 1. — — of England, can he keep the peace in Scotland, i, 9. Martial law, how different from military law, iii, 27. Masking nets, in the salmon fishery, ii, 595. Masons, free, excepted from the statute against seditious societies, i, 373. Master, may he beat a servant, ii, 170. — must he give a character to a servant, ii, 162. — can he resile by forfeiting the arrels. — when liable for damage done by his servant, ii, 168. — and servants, ii, 160. — of the rolls, is he keeper of the peace virtute officii, i, 2. — — has he any jurisdiction as such in Scotland, i, 2. Master's name must be on his cart, ii, 493. Masters of ships, what, are not to be impressed, iii, 267. Measures and weights, ii, 146. Meal, adulteration of, ii, 117. — ordained to be sold by weight, ii, 152. Meditatio fuga warrant, i, 434. Meeting houses, episcopal, ii, 349. - general respecting the high- ways, ii, 485. - concerning parochial as- sessments for the poor, ii, 32. – of carriages on highways, ii, 498. Meetings of lieutenancy, when held, iii, 62. — how summoned ifi, 65. — general, of lieutenancy un- der 52 Geo. III, c. 68, may they alter subdivision,iii,145. — — under 42 Geo. III, c. 91, place and time of meet- ing, iii, 62. — quorum, ib. — by whom to be summoned, iii, 66, 145. —for apportioning men among the parishes under 47 Geo. III, c. 71, iii, 114. — general and subdivision, under 42, 46, and 49, Geo. III, are they applicable to the local militia, iii, 143. — subdivision, of lieutenancy, what number of deputy-lieu- tenants and justices of the peace are 'necessary to con- stitute, iii, 63. — if a quorum does not meet, ib. Mønial servants, ii, 166, c. Mensal churches, ii, 435. Menu, laws of, their descrip- tion of a king, ii, 308, d. Merchants books, how far evi- dence, i, 235. Messenger. See Officers, Con- stable, INDEX. lxxv Messenger, arrestment must be executed by a, i, 310. – of old, arrestments loosed on the certificate of, i, 314. — duty of, in executing a poinding, i, 320. - if he does not make a suf. ficient search, i, 321. - property, in the case of a poinding, transferred by the sentence of, i, 322. – if a sist be intimated, what is the duty of, i, 324. — when may he be resisted, i, 324. — when may he kill, i, 336, 337. Metricks of the ladies, statu- tory regulations concerning ii. 3. Mid-lothian, mad-houses in, by whom inspected, 55 Geo. III, c. 69, § 5, App. i, No. Midstream, old regulation for keeping free, ii, 594. Midsummer sessions, what acts of parliament ordered to be read at, i, 86. Military, how different from martial law, iii, 27. — service, right of the crown to exact it, i, 342. — king's right to exact, in competition with engage- ments to third parties, ii, 172, b. Militia. See Acts. — gradual reduction, iii, 180. — embodying of, iii, 89. — when disembodied, what orders are they subject to, iii, 90. Militia, under 42 Geo. III, c. 91, are seats in parliament vacated by commissions in the, iii, 94. — officers. See Rank. — the increased pay of the regular army does not ex- tend to, iii, 110. — under 44 Geo. III, c. 54, exemption of volunteers from iii, 202. — is one liable to be ballotted for the militia who is serving, or has found a substitute, in the army of reserve, iii, 107. Militiaman inlisting into the other forces, iii, 71. Militiamen attached to the ar- tillery, may the king order increase of pay to, iii, 97. — in the navy shall continue to serve, iii, 100. — marrying without the offi- cer’s consent, what allowance are they deprived of by 43 Geo. III, c. 89, ib. — when are their families en- titled to allowance by 43 Geo. III, c. 89, ib. — enlisting, of iii, 110, 111. — a proportion allowed to en- list by 45 Geo. III, c. 31, iii, 108. — when not allowed to enlist by 47 Geo. III, c. 57, iii, 112. — proportions to be retained by 45 Geo. III, c. 90,iii, 112. — when entitled to the same privilege as soldiers and sea- men, as to setting up of trades, iii, 94. lxxvi INDEX. Militiamen, may they be draft- cd from one regiment into another, iii, 113. — in case of men drawn for, but not appearing, what is the duty of deputy-lieute- nants, iii, 109. — falling sick on a march what are justices empowered to do by 42 Geo. III, c. 91, iii, 79. Mill-dams, how regulated with a view to the salmon ſishery, ii, 582. Mill, no pestle-mill to be used in the making of gunpow der, 12 Geo. III, c. 61, § 2, App. i, No. 89. Mills, ii, 401. Minister of the parish. Parish Minister. Ministerially, is a justice liable in damage for what he does when acting, i, 65. — may a justice without his county act, i, 58. Minors, ii, 271. Mitigation, power of the jus- tices in the penalty incurred by presence in a seditious meeting, i, 374. — of penalties for offences against excise laws, iii, 346, 363, &c. — of penalties under volun- teer act 44 Geo. III, c. 54, iii, 218. — in case of game certificate, i, 562. Mob, Shawfield’s, i, 388. — Porteous', i, 360. Mobbing, i, 380. Mohair, manufacture, offences relative to, ii, 197. See Monarch. See King. Money, regulations for pay- ing manufacturers in, ii, 203. — are innkeepers and carriers liable for the loss of, under the edict, nautſp caupones sta- bularii, ii, 511. Monies belonging to volun- teers, aceount of, iii, 216. — paid by receiver-generals on account of volunteers, iii, 219. Montesquieu calls the expence and delays of litigation the price which every free state must pay for its freedom, i, 137. Montgomery, Sir James, bill brought in by him for repeal- ing Queen Anne's act against shooting hares, ii, 561, and App. i, No. 70. Months, when in the navy, the computation is by calendar months, and when by 28 days, 55 Geo. III, c. 60, § 49, App. i, No. 88. Mortcloth (pall), the ºright of the kirk-session to the exclusive profit of hiring, ib. Mortification, the glebe said to be held of the crown in, ii, 418. — for the benefit of the paro- chial poor, ii, 23. Mosaical institutions, how far obligatory in criminal mat- ters, ii, 8. – respecting the poor, ii, 9. — respecting the degree of kindred in which marriage was prohibited, ii, 287. IND EX. lxxvii Moss rent, does it enter into view in a valuation of tithes, ii, 459. Mother, when liable in aliment, ii, 257. — in the case of a bastard, ii, 262. Mournings, widow's right to, ii, 236. Muirfowl, when they cannot be killed, ii, 566. Muirburn, ib. Mulct, i, 221. — excessive, not to be inflict- ed, i, 222. Multures, in a valuation of teinds, is deduction allowed of additional rent paid on account of exemption from, ii, 462. Muskets. See arms. Mussel scalp, ii, 387. Muster, duty of justices in re- gard to, iii, 33. Muster-rolls of volunteer regi- ments, how often must ex- tracts thereof be transmitted to the secretary of state, iii, 205. — false penalty for transmit- ting, ib. Mutiny act, how far it extends to the militia, iii, 78. — local militia, iii, 156. — to such volunteers as re- ceive constant pay, iii, 207. Mutual inclosure, ii, 530. N. Nairn, its number of militia- men under 42 Geo. III, c. 91, iii, 61. — with what county does it compose a battalion of mi- litia, iii, 72. Nairn, its number of local mi- litiamen under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Naked, punishment inflicted on a man for running along the streets of a populous town, ii, 339. Name, may a bastard assume his father’s, ii, 268, 269. — of the master must be on his carriage, ii, 493. Natural children. See Bastards. — servitude, ii, 398. — hay, does a right to tithe it give a right to tithe sown grass, if there be no other hay in the parish, ii, 454. — woods, are they protected. by the regulation concern- ing planting, ii, 515, 523. Nauta, caupones stabularii, edict of, ii, 165. Navy, can a landsman, at com- mon law, be sent on board the, without his own con- sent, by way of punishment for a misdemeanour, i, 227. Near, residing justices, mean- ing of, iii, 345. Negative community, ii, 398. — servitudes, ii, 399. Negligence, hurt on the high- way occasioned by, ii, 492. Nets, right to draw on the banks of a river, i, 580. — fishing by, ii, 583. New militia lists, by whom lxxviii INDEX. made out when the old are lost, iii, 68, 152. Night, can search warrants be executed in the, i, 456. Nobile officium of the court of session, i, 136. Nominal and fictitious votes, iii, 16. Nomination, general, of jus- tices in all commissions of the peace, i, 25. Non-attendance, fines for, iii, 151. Non-commissioned officers and drummers in the militia, iii, 72, 76. — — local militia, their pro- portion, iii, 161. Non-conformity to the esta- blished religion, ii, 326. Non-jurors, can they vote at elections for members of parliament, ii, 349. Normans, their method of pre- venting apprehended wrong, i, 400. Norris, Joseph. the late justi- ciary clerk, his holograph jottings of the opinions of the judges' evidence, that the general point respecting the power of inferior judges at common law to inflict a cor- poral punisment, without a jury-trial, was not decided by the court of justiciary, in the case of Young and Wemyss, &c. i, 208. Notaries, public, i, 51. — Apostolical, ib. b. — imperita, i, 53. Notice to be given of the days for exercising the militia, where a county does, and where a county does not, form itself a battalion, iii,78. Notice in writing, to a justice a month before raising any action against him, if neces- sary in Scotland, i. 69. Notorial instrument, how far evidence, i, 223. Nuisance, ii, 6, 96. O. Oak, is it timber under 6 Geo. III, c. 48, ii, 518. Oath, taken by justices, i, 43. — of office, when introdu- ced, ib. — — English form, i, 44. — of allegiance, ib. — of assurance, i, 45. — of abjuration, i, 46. — of supremacy, i, 47. — de ſideli, — officers serving in the local militia receive their half pay on taking the following, iii, 161. — to be taken by non-com- missioned officers and drum- mers in the local militia on permanent pay, iii, 162. — by local militiamen, iii, 146. — by volunteers, under volun- teer act 44 Geo. III, c. 54, iii, 207. — in litem, i, 251. — of calumny, i, 250. — of supplement, ib. — form of in Scotland, i, 258. — in England, ib. — necessary in surety for the peace, i, 412. — of the sufferer, proof of damage under the edict nau- ta, caupones stabularii, ii, 511. INDEX. lxxix Oath in questions under the game laws, is it competent to refer to, ii, 572. Oaths, danger of multiplying, i, 14. — probation by, i, 239. - to be taken by deputy-lieu- tenants, iii, 60. – by militiamen, iii, 66. - by substitutes, ib. – by supplementary militia- men, iii, 98. — by local militiamen, iii, 146. Obstruction of officers, iii, 337. Offences against morality and religion, ii, 338. — against the excise laws, where triable, iii, 355. — out of the jurisdiction, can the delinquent be prosecut- ed by the fiscal of the di- strict where he dwells, i, 107, App. iii, Nos. 21, 22, and 23. — committed abroad, i, 108. — committed by the officers of the justices in the execu- tion of their duty, are the sessions competent to pu- mish, i, 177. — cognisable by the sessions, i, 175, 185. Offensive arms, any person with illicit tea or spirit, and car- rying, iii, 337. — criminal courts held with- in all cases, Officer to whom a warrant is directed for execution, what is he to do, i, 329. — executing a warrant out of his precinct, and among strangers, i, 329, 389. WOL. III. Officer known and acting with- in his precinct, need he shew his warrant, i, 330. — when may he be resisted, ib. — when may he take the pow- er of the county, 1, 332. — when may he execute cri- minal warrants, i, 333. — what must he do in arrest- ing, ib. — if he lets a prisoner go on his promise or security to re- turn, may he retake him on the same warrant, ib. — if the party return, may he secure him on the same warrant, ib. — what must he do before breaking up doors, i, 334. — in regard to the responsi- bility for the execution of a search warrant, difference between a private individual and an, i, 335. — when may he kill in the execution of a civil warrant, i, 335, 338. — of a criminal warrant, i, 338. — when may he execute a justice of peace warrant beyond the county, i, 461. — in what case may he judge of, and must answer for the legality of the warrant, i, 474. — peace, is not entrusted with the power of making procla- mation in the case of a mob, i, 378. Officers of the justices, i, 54, 55, 308. — of the district, i, 55. — peace, and their assist- H h lxxx INDEX, ants, indemnified by the riot act, if, in endeavouring in suppressing it, they kill, i, 378. Officers, magistrates, besides their peculia powers have those also of their, i, 457. — in the militia, their rank. See Rank. ! — their qualification under 42 Geo. III, c. 91, iii, 57. — their appointment, where the battalion is composed from more than one county, iii, 74. — where any place does not afford sufficient men to form a company, iii, 75. — of the militia, do they sit in courts-martial on officers of the line, and vice versa, iii, 85. — in the militia, additional, to be appointed for the sup- plementary militia, iii, 90. — acting under militia act, their allowance, how certi- fied, iii, 94. — militiamen, subaltern, their allowance, by 43 Geo. III, c. 72, iii, 103. – number entitled to the al- lowance, ib. — militia. See Subalterns. — non-commissioned, how their families are provided for by 43 Geo. III, c. 89, iii, 103. — of the supplementary mili- tia, regulations of 45 Geo. III, c. 90, concerning, iii, 1 1 0. — on half pay, are they ex- empted from being ballotted to serve in the militia, under 47 Geo. III, c. 71, iii, 119. Officers of the local militia, their rank, iii, 138. — in the local militia superior to a subaltern, what is ne- cessary previous to their appointment, iii, 140. Offices, what give a charge of the peace in Scotland, i, 2. — English, do they, ib. — what give a general autho- rity to keep the peace throughout the realm, i, 1. — of the customs, if they do not use their best endea- vours to seize smuggled ar- ticles, what is done to them, iii, 339. e — of the navy, customs, or ex- cise, if obstructed, what may they do, iii, 338. Offices, English, give no au- thority to keep the peace in Scotland, i, 1. — what is a minister entitled to from the landed proprie- tors under the term, ii, 413. Officium mobile of the court of session, i, 135. Old extent, iii, 2. — is a freehold qualification affected by an excambion for straightening marches, ii, 535. Open doors, episcopal meeting houses must assemble with, ii, 350. Opinion, when is it evidence, i, 277. Orchard, in a valuation of tithes, is any account taken of the rent of, ii, 456. Ordeal trial, i, 394. IND EX, lxxxi Order of business at the quar- ter-sessions, i, 86. Ordinary judges, i, 112. — how different from justices of the peace, ib. — rule concerning the extent of their jurisdiction, ib. Ourself witness, a peculiarity in the style of the kings of England, i, 39. Outed ministers, ii, 226. Outlawry, fugitation does not pass against a foreigner who makes his escape without standing trial, i, 113. Ouvert acts of high treason, i, 359. Owner of pawned goods, who deemed the, 39 and 40 Geo. III, c. 99, § 15, App.i,No.91. Oyster fishery, ii, 589. P. Pacta illicita, ii, 357. Pagan religion, its principles in regard to toleration, ii, 24. Pagans, are they admissible witnesses, i, 23. — how sworn, i, 261. Paley, Dr. his view of different reforming punishments, i, 224. — of the political as well as moral and religious import- ance of the Sabbath, ii, 340. Pall, (mortcloth) when the pro- fits of letting it out belong exclusively to the kirk-ses- sion, ii, 28. Pannel, prisoner under trial) must be present when sen- tence is pronounced, i, 104, Paper-makers, journeymen, combination of, to compel their masters to raise their wages, how far a relevant subject for indictment be- fore the criminal court, App. iii, No. 16. Papists, can they elect, or be elected members of parlia- ment, ii, 854. Parapharmalia, i, 155. Pardon, does it take away le- gal infamy, i, 270. Parents and children, ii, 251. — is the marriage of children valid by the law of Scotland, without the consent of, ii, 233. *... Paris, foundation of the uni- versity of, ii, 295. Parish, there must be a suffi- cient church in every, ii, 477. — there must be at least one school in every, ii, 293. — minister entitled to a com- petent stipend from the teinds, ii, 468. — can he recover teinds im- memorially possessed by another minister, ib. — apprentices binding for the sea-service, iii, 263. — Minister. See Manse, Glebe, Stipend, Grass, Church-yard, &c. &c. &c. — what other clergyman may celebrate marriage besides, ii, 227. — if he refuse to proclaim banns, is there any redress, i, 120. —his power to enforce the law respecting parish schools, ii, 301. H h 2 lxxxii INDEX, Parish minister, is a member of the meeting for laying on the assessment for the support of the schoolmaster, ii, 303. — duty of under the statutes for allotment of seamen’s pay to the support of their fa- milies, iii, 245-253. — duty of under 55 Geo. III, c. 60, § 8, 9, 10, 11, 12, re- specting the execution of letters of attorney, and wills of petty officers, seamen, and marines, App. i, No. 88. – elder and heritors, their duty in regard to the main- tenance of the poor, ii, 28, &c. — — duty of to make up a list of the necessitous poor, and assess the parish for their support, ii, 31. Parishes lying in two counties, how is 42 Geo. III, c. 91, explained in regard to, iii, 68. — partly landward, how as- sessed, &c. under 43 Geo. III, c. 91, iii. 92. — apportioning militiamen among, under 47 Geo. III, c. 71, iii, 263. — under local militia act, 52 Geo. III, c. 68, iii, 145. Parks, now regalia, ii, 387. Parliament, within what time must it meet after the sup- plementary militia is called out, iii, 90. — under 42 Geo. III, c. 91, militia commissions vacate seats in, iii, 94. -- who on the score of reli- gious opinions are disquali- fied from voting for members of, ii, 349, 354. Parochial burdens, ii, 414. — clergy, had they ever right to all the teinds, ii., 435. — taxes, how an exception from the rule that a justice cannot judge in his own cause, i, 62. Parson, was he a member of the bishop's chapter, ii, 436. — is the presence of the mi- nister necessary to the vali- dity of a valuation of teinds before the sub-commission- ers, when he is stipendiary merely, and not a, App. iii, No. xv. Parsonage teinds, ii, 453. Parsonages, common kirks made, ii, 438. Particular facts, are histories evidences thereof, i, 236. Partly, information in excise matters proved, iii, 353. Partridges, time of killing, ii, 566. Passage, servitude of, ii, 403. Pasture, servitude of, ii, 406. — promiscuous, ii, 407. Patent letters, what writs are called, i, 33. Patrimonial churches, ii., 438. Patrimony of the kirk, ii, 412. Patronate churches, ii, 439, a. Pawning, acts relative to, App. i, No. 91. — licence necessary, 25 Geo. III, c. 48, § 1, ib. — rates to be taken by pawn- brokers, 39 and 40, Geo. III, c. 99, § 2, ib. INDEX, lxxxiii Pawning, rate, where the in- termediate sum exceeds 2s. 6d. and does not amount to 49s. ib. § 3, ib. – pawn-brokers must give farthings in exchange, ib. § 4, ib. - in case of redeeming the pawned goods within seven days after the end of the first calendar month, how much is paid, ib. § 5, ib. — after 7, but within 14 days, ib. ib. — after 14 days, ib. ib. — an account of goods pawn- ed must be entered in a book, ib. § 6, ib. - at the time of pawning, a note given to the pawner, ib. ib. — profit taken to be indorsed on duplicates, ib. § 7, ib. — penalty for pawning the goods of others, ib. § 8, ib. — forging or counterfeiting notes or memorandums, ib. § 9, ib. — persons offering goods in pawn, not giving a good ac- count of themselves, ib. § 10, ib. — receiving goods in pawn in a state of manufacture, or linen, &c. put out to wash, ib. § 11, ib. — goods in a state of manu- facture, &c. may be search- ed for by warrant from a jus- tice, ib. § 12, ib. — owners of goods unlawfully pawned, may search for the same, ib. § 13, ib. — pawn-brokers refusing to deliver up goods pawned, ib. § 14, ib. Pawning, persons producing notes or memorandums, deemed owners, ib. § 15, ib. / — where notes, &c. are lost, a jº to be delivered, ib. § 16, ib. — pawned goods may be sold at the end of one year, ib. § 17, ib. — certain goods to be sold se- parately from other goods, ib. § 18, ib. — goods not to be sold till three calendar months after the end of the year, in case of the owner giving notice that he means to redeem them, ib. § 19, ib. — account of goods sold, to be entered in a book, ib. § 20, ib, — pawn-brokers not to pur- chase goods while they are under pawn, ib. § 21, ib. – time for taking in pawns limited, ib. ib. — age of persons employed, ib. ib., — table of rates to be put up, ib. § 22, ib. — words over the pawn-brok- er’s door, ib. § 23, ib. — penalty for selling goods before the time limited, or the same being damaged, ib. § 24, ib. — justice may order pro- duction of books, ib. § 25, ib. — recovery and application of penalties, ib. § 26, ib. lxxxiv. INDEX. Pawning, information to be given within 12 months, ib. § 27, ib. — churchwardens to prose- cute, ib. § 28, ib. — certain persons cannot pro- secute, ib. § 29, ib. — not to extend to lending money at £5 per cent, ib. § 30, ib. — executors, in what case per- sonally liable for the penal- ty, ib. § 31, ib. — persons sued may plead ge- neral issue, and, on acquit- tal, double costs, ib. § 32, ib. — form of the conviction, ib. $ 44, ib. — finality, ib. ib. — appeal to the quarter-ses- sions, ib. § 35, ib. — what security must the ap- pellant give, ib. ib. —the arms and accoutrements of militiamen, punishment for, iii, 80, 171. — of volunteers, iii, 215. Pay of militiamen ordered to join, when does it commerce, iii, 85. — of militiamen called out for exercise, iii, 78. — increased, of the regular army does not extend to the volunteers and the militia, iii, 110. — of a colonel in the local militia, what is the highest he can receive, iii, 189. Paymaster to a militia regi- ment, may the clerk be ap- pointed to act as such, iii, 76. ſº Payment of justices, i, 49. Payment of land-tax, when is that the rule in a division of valuation, iii, 19. Peace, conservators of, i, 1. — definition of, i, 355. — by royal dignity, i, 1. — by office, i, 2. — breaches of, i, 356. - — officers under 42 Geo. III, c. 91, non-commissioned militia officers, drummers, and privates, are not liable to serve as, iii, 94. — security or recognisance for, why can the king not take, i, 1. Pearls inclosed in shells, to whom do they belong, ii, 384. Peats or turf, servitude of, ii, 407. — furnished to tenants for fuel, in a valuation of tithes is there any deduction for, ii, 462. Pebble found on the sea-shore, to whom it belongs, ii, 384. Peccius, his doctrine regard- ing one foreigner’s arresting another ſor debt, i, 427. Pecuniary punishments, i,221. — qualification, none in Scot- land, for being justice of eace, i, 41. 'Pedlars and hawkers, regulat- ed by 55 Geo. III, c. 71, App. i, No. 86. — must have a licence, ib. § 1, ib. — commissioners for granting licences, ib. s 2, ib. — where they are to take out their licences, and what to pay for them, ib. § 8, ib. INDEX. lxxxv Pedlars and hawkers, certifi- cate to be produced, ib. § 4, ib. — clerk of the commissioners, his appointment and duties, ib, $ 5, ib. — penalties for hawkers going about without a licence, ib. § 6, ib. —packages of hawkerstohave the words “ licensed hawk- er,” &c. put thereon, ib. § 7 and 8, ib. — dealing in smuggled goods to forfeit their licence, ib. ib. § 9, ib. — penalty on hawkers, trading contrary to licence, ib. § 10, ib. - penalty on persons forging, or using forged licences, ib. § 11, ib. – penalty on persons hiring or lending, ib. S 12, ib. — persons trading without a licence, or refusing to pro- duce it, may be detained, and taken before a justice, ib. § 13, ib. — penaly on constables re- fusing to assist in execution of this act, ib. § 14, ib. — goods may be exposed to sale in public markets, ib. § 15, ib. *— this act not to affect per- sons selling certain articles, nor tinkers, &c. ib. § 16, ib. — penalties above £25, where to be recovered, ib. S 17, ib. - not exceeding £25, how to be recovered, ib. s 18, ib. Pedlars and hawkers, the com- missioners may act as jus- tices or sheriffs, ib. § 19, ib. — time of commitment not to exceed three months, ib. § 20, ib. tº — appeal may be made to the quarter-sessions, ib. § 21, ib. — conviction to be removed, ib. § 22, ib. — fines for the use of his ma. jesty to be received, ib. § 23, ib. — where recovered in the courts of exchequer, ib. S 24, ib. — penalty on persons neglect- ing or omitting, ib. § 25, ib. — general issue may be plead- ed in the court of exche- quer in Scotland, ib. § 26, ib. — limitations of actions, ib. § 27, ib. * Peebles, its number of militia- men under 42 Geo. III, c. 91, iii, 61. — with what counties does it compose a battalion of mili- tia, iii, 71. — its number of the local mi- litia under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, App. i, No. 80. Peer, in a county where he has a residence, may be a local militia officer, without a qualification, iii, 141. Peers, are they conservators of the peace, i, 3. lxxxvi " . INDEX. Peers and their heirs-apparent, may they act as lieutenants of counties and militia offi- cers, without any pecuniary qualification, iii, 58. — exempted from serving in local militia, iii, 148. — in causes, must they be sworn like other witnesses, i, 262. — can they decline the juris- diction of the sessions of the peace, i, 99. Penal actions, when do they descend to representatives, i, 95. Penalty incurred by trans- gressing the statute of Queen Anne, are justices compe- tent to inflict, i, 123. — for pawning the goods of other people, 39 and 40, c. 99, § 8, App. i, No. 91. — for counterfeiting notes, given at the pawning of goods, ib. § 9, ib. — for selling pawned goods before the time, 39 and 40, Geo. III, c. 99, $ 24, ib. — in the case of lawburrows, i, 403 — for not performing statute labour, ii, 501. — for insuring against local militia, iii, 147. —for not transmitting muster- rolls of volunteer regiments, ii, 205. — for buying arms of volun- teer corps, iii, 215. — on deficient counties under militia act, 47 Geo. III, c. 71, iii, 120. — of £60, imposed on defi- cient counties by 47 Geo. III, c. 71, deduction of three-fourths of, iii, 120. Penalty exceeding £20, under 47 Geo. III, c. 71, how re- covered, iii, 123. — under £20, ib. — on a witness, under 47 Geo. III, c. 71, who does not ap- pear, 124. — of £20 under 47 Geo. III, c. 71, the discretion of a justice of peace, or deputy- lieutenant, in the disposal of, iii, 124. — of £20 under 47 Geo. III, c. 71, if not paid to the suc- ceeding man, how must it be disposed of, ib. – if part be paid to the suc- ceeding militiaman, what comes of the remainder, iii, 117. — under 47 Geo. III, c. 71, on the clerk to the general meeting, for neglecting to transmit apportionments, iii, I 12. – for not serving, or not find- ing a substitute, by 42 Geo. III, c. 91, iii, 68,-by 43 Geo. III, c. 50, iii, 98,-by 47 Geo. III, c. 71, iii, 114. — for refusing to serve, ap- plication of, by 47 Geo. III, c. 71, ib. — for concealing a deserter from the militia, iii, 84. — on the county, for not rais- ing the quota of militia with- in a limited time, iii, 91. – under £20 sterling, by 42 Geo. III, c. 91, how reco- werable, iii, 91. INDEX, lxxxvii Penalty exceeding £20, iii, 91. — on ballotted man, for not serving the regular militia, iii, 116. § - how long is he exempted by payment of, iii, 68. — under 43 Geo. III, c. 50, for refusing to be examined as to fitness to serve in the militia, iii, 99. — on constables and others in- suring persons against the militia, ib. — for acting, without the qua- lification, as deputy-lieuten- ant or militia officer, what part goes to the informer, iii, 60. — for acting without the local militia qualification, iii,141. — for refusing to serve, how applied, iii, 71. — for neglecting to make re- turns of militiamen called out, iii, 80. — if militiamen absent them- selves during the time of ex- ercise, ib. Penalties, application of, un- der the militia act, 42 Geo. III, c. 91, iii, 95. — under do. how recoverable when above £20, iii, 81. — when under £20, ib. — under the volunteer act 44 Geo. III, c. 54, power of justices to rhitigate, iii, 218. — incurred under the local militia acts, their applica- tion, iii, 198. — excise, why have justices jurisdiction therein, and not for arrears, iii, 346. Peremptory diets, i, 290. Perfect rights, ii, 326, e. — is a religious test inconsist- ent with, ii, 826. , Perjury incurred, by taking a false oath under the local militia, iii, 200. — quakers, making a false af- firmation, incur the pains of, i, 260. Permanent local militiamen, their residence, iii, 177. — under whose command are they, iii, ib. — when, and how far may they be employed on the re- cruiting service, iii, 179. Persecuting clause in the coro- nation oath, ii, 324. — principles of the Scottish reformers, ib. — how far corrected at the revolution, ii, 325. Persecutoria, rei actions, i, 101. Personal servitudes, ii, 399. Person, crimes against the, i, 194. Perth, does it compose a bat- talion of militia by itself, iii, 72. — the number of private men it raises under 42 Geo. III, c. 91, iii, 61. — its number of local militia, under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79; under 38 Geo. III, c. 5, ib. No. 80. Pertiments of a glebe, ii, 426. Pestle-mill not to be used in the making of gunpowder, 12 Geo. III, 81, App. i, No. 89. łxxxviii 1. INDEX. Petty delinquencies, consuetu- dinary jurisdiction of the justices in, i, 178. Petitioning, tumultuous, i, 330. Physicians fees, ii. 174. Pier and shore of Leith cita- tion, i, 105. Pickers, in the woollen manu- factory, embezzlement of, ii, 194, Pickery, on what footing is it Qompetent before the ses- sions, i, 181. & - Picts, are they the same with the ancient Caledonians, ii, 31}. Pigeons, penalty for shooting, i, 119. —house, right to have one, i, 121, b. tºms º for shooting, have the justices cognizance of that offence, i, 120. - when are they property, ii, 378. — dung not to be used in bleaching linen, iii, 292. Pillory, i, 202. Pinkerton, Mr. his account of the coroner or crowner, i, 4. — his historical retrospects, ii, 3. — his opinion of the origin of the present lowland Scots, ii, 510. Piscariſt stagna, ii, 584. JPitt, Mr.his speech concerning the English poor laws,ii, 21. Pits made in the highway, ii, 495. Place in two counties, how to be assessed, iii, 92. Plague, regulations respecting, ii, 89, &c. Plan of the parish church, who has the fixing of, ii. 477. Planted churches, commission- ers for, ii, 438. * Planting, regulations concern- ing, ii, 512. Plat, ii., 438. Plato, his eulogium on religion, ii, 308. — his opinion of the origin of human laws, ii, 309. — is for inflicting a capital punishment on those who perform sacrifices in any other places than such as are public, ii, 309. Pleas of the crown, i, 191. Pleasure-house, is it a domi- cile, i, 106. Plowden's Commentaries quot- ed by Comyns, as an autho- rity for the dependence of Scotland on England, i, 2, C. Plowgate of land, ii, 548. Plural, why do kings speak in, i, 25. — when was the custom in- troduced in England and Scotland, ib. Plutarch, his account of Mark Antony’s challenging Au- gustus Caesar to single com- bat, i, 394. Poinding, i, 317. — symbolical, i, 321. — right of, in case of cattle trespassing, ii, 528. — justices decree, a warrant for, i, 75. — the mode of enforcing the decrees of the justices,i, 291. — different from distress, i,324. INDEX, lxxxix Police, definition of, ii, 1, &c, —ancient regulations concern- ing, ii, 2. .* — see Public. Poor laws, ii, 7. — Jewish, ii, 9. — English, how different from the Scottish, ii, 21. – description of, ii, 51. – ordinary, ii, 52. — extraordinary, ii, 53. Popery, laws concerning, ii, 350. - — doctrine of, as to prohibit- ed degrees, ii, 209. Poplar, is it timber under 6 Geo. III, c. 48, ii, 518. Popular actions, have we any, i, 88, a. Porteous mob, i, 360. — roll, i, 82. — old custom of delivering it to the coroner, i, 5. Posse comitatus. See County. Possessions, why in holy writ is property called, ii, 382. Posting, regulations ofthe rates of, ii, 509. Pothier, eulogium of his writ- ings by Sir W. Jones, ii, 174. — his solution of the question as to the effect of legitima- tion per subsequens matrimo- mium, where there are child- ren of an intervening mar- riage, ii, 254, and 255. Poverty, on certificate of the militiaman’s family entitled to relief, under 43 Geo. III, c. 89, iii, 106. Powder, gun, how much may be made at once under 12 Geo.III, c. 61, App. i,No. 90, Powder, gun, not to be kept near charcoal, ib. — See Search. — when seized if not carried to a safe place in terms of the act, liable to be seized again, App. iii, No. 87. Powers infer duties, i, 13. Pracaipuum in the division of a common, ii, 545. Precognition of witnesses, i, 265, 462. Predial servitudes, ii, 402. Prelacy, its establishment in Scotland lmprudently press- ed by Charles I and II, ii, 314, 315. — abolished, ii, 320. — the presbytery in place of the bishop, since the aboli- tion of, ii, 415. Prerogative of the crown to call for the military services of the lieges, i, 341, and iii, 277. * Presbytery, its jurisdiction in regard to manses, ii, 415. — schools, ii, 294. — parish churches, ii, 477. – its jurisdiction in regard to glebes, iii, 421, b. — clerk, payment of, ii, 57. and App. iii, Nos. 5, 6. Presbyteries communicate with the sessions, i, 87, d. Prescription of actions under the militia act 42 Geo. III, c. 91, iii, 96. – keeper of the peace by, i, 2. Prescription, do the regula- tions respecting the Satur- day’s slop apply to a fishing by, ii, 593. XC INDEX. Prescription, triennial, do ser- vants wages fall under,ii,176. - servitudes by, ii, 403. — within what time may a ri- vulet, leaving its channel, be brought back, ii, 394. Presence of the pannel neces- sary in criminal process, i, 104. Presentation to churches, ii, 439, 477. President of a court martial, gaolers must receive prison- ers on the order of the, ii, 283, and iii, 174. Pressing, law of, ii, 255-276. Press-warrant, iii, 270. Presumptions, i, 281. — statutory, in regardtoplant- ing, ii, 522. Presumption in favour of legi- timacy, ii, 253. Prevention of crimes, the end of criminal justice, i, 126. Principal conservator of the peace, is the sovereign, i, 1. Printer's name on every paper he prints, i, 375. Printing press, notice necessary to be given thereof, iii, 145. — selling of, ib. — is it a nuisance, ii, 98. Prisoner’s examination, i, 462. — precognition, ib. — is he entitled to have some man of business present at the precognition, i, 464. — privileges of, under act 1701, c. 6, i, 457. See Bail, Liberation, Gaol, &c. — aliment of, ii, 276. Prisons, regulations for the re- pairs of, ii, 277. Prisons, for the cleanliness of, ii, 278. - form of getting out of, ii, 284. — dues, ii, 282, 283. Private. See Acts of Parlia- ment. – knowledge, ought a jus- tice to be influenced by, or judge from evidence only, i, 281. – knowledge of a justice, suf- ficient proof of a militia- man’s desertion, iii, 83. — written evidence, i, 234. – breaches of the peace, i, 377. — persons, when may they ar- rest without a warrant, i, 457, 458. — when are they bound to as- sist the officer in arresting, i, 459. — when liable in damages for applying for warrants to ar- rest, i, 471. - party, may he prosecute the delinquent in the ju- risdiction within which he dwells, on account of a de- linquency committed with- out it, i, 107. Privileged orders, as to the ex- emption from payment of tithes, ii, 452. Privileges of soldiers, iii, 51. Privy council, annual returns, under 42 Geo. III, c. 91, made to, iii, 65. — every ten years to fix the quota of militia, by 42 Geo. III, c. 91, ib. — seal. See Seal. INDEX. xci Privy search for rogues and vagabonds, ii, 82. Procedure in the case of a complaintbefore the justices, i, 288. — in the case of the defend- er's appearing, ib. — of his not appearing, i, 289. — in summary complaints, i, ib. — in excise and customs, iii, 339. Process, form of, i, 287. Proclamation. See Profanity. — of Queen Anne, appoint- ing justices, i, 23. — of marriage. See Banns. — in case of a riot, i, 378. — opposing the reading of, ib. — concerning the poor, ii, 29, and App. i, No. 50–53. Procurator before the sessions of the peace, i, 54. See Fis- cal. Profanity, proclamation agst. at what quarter-sessions is it to be read, i, 86. Professors, exempt from the lo- cal militia, iii, 148. Prohibitively, why the Scot- tish game laws speak prohi- Bitively, and the French per- missively, ii, 549. Proof. See Evidence. — mode of in the game laws, ii, 572. — in excise questions, iii, 359. — of a militia qualification, on whom does, it lie, iii, 60. —in regard to desertion, iii, 83. — when taken in writing, i, 290. — private knowledge of de- sertion, iii, 83. Proof, onus, on whom does it lie in excise questions, iii, 359. — must it be in the hearing of the defender, iii, 360. Proper churches of the bishop, ii, 435. Property, origin of, ii, 881. — in early ages not distin- guished from possession, i, 70. — restraints on the use of, ii, 6, 96. — can qualified persons shoot on another's, ii, 566. — in game, has the owner of the land, ii, 569. — tax, iii, 14. — may it be vested in trustees, for the behoof of a dissent- ing congregation, ii, 336, App. iii, Nos. 26 and 41. — deer, when, ii, 547. Propinquity, degrees of, ii,208, &c. Prorogation, can justices ac- quire civil jurisdiction by, i, 125. Prosecutor before the sessions, i, 88, 96. — must there be a special in- terest in the, i, 88. — when may relations prose- cute, ib. — may different pursuers con- cur in the same summons, i, 91. — can the president, secre- tary, or committee, of any association be, i, 90. — in what cases the represen- tative may or may not be, i, 93. H for a solatium, fine, or other 3.cii INDEX. punishment, may the repre- sentative ever be, i, 94. Prosecutor, in the case of inju- ries which the party survives, may the representative ever be, i, 94. - of a counter-action, may an alien enemy be, App. i, No. 74. - can security for the ex- pences of the litigation in case of his being subjected therein, be exacted from, i, 1. See Public Prosecu- tor, Fiscal, &c. Prosecutors for the penalties relative to pawning, can church-wardens be, 39 and 40 Geo. III, c. 99, s 27, App, No. 91. t - who are disqualified from being, ib. § 29, ib. Proselytes, Jewish, classes of, ii, 12. - justitiae, ii, 12. Protections, i, 225, 226. — their endurance limited by statute, i, 225. - to persons cited to give evi- dence, power of the sessions to grant, i, 78. – from pressing, how far it extends in favour of appren- tices in a fishing vessel, iii, 262. Public acts of parliament. See Acts. — breaches of the peace, i, 353. — health, safety, and conve- nience, ii, 80. te — things, ii, 385. — ways, ii, 482. — written evidence, i, 230, Public ferries, ii, 505, 506. - prosecutor, i, 88. Publican, may he be a militia serjeant, iii, 77. Punishment, i, 185,228. Punishments, capital, i, 189. — not capital, i, 195. — corporal, may they be in- flicted without a jury, i, 204. — inflicted without a jury, is infamy ever the consequence of, ib. Pupilarity, ii, 270. Pursuer. See Prosecutor, Quaker, if a constable, may have a deputy, iii, 65. — imprisoned under 52 Geo. III, c. 68, not to be kept among culprits, iii, 153. — what certificate is evidence of one's being a, iii, 69. — ballotted for the local mili- tia, what 52 Geo. III, c. 68, enjoins concerning, iii, 152. Quakers, their scruples regard- ed, i, 261. * | w — their oath not necessary in civil actions, ib. — nor in penal actions, ib. — the exception of criminal actions regretted by Lord Mansfield, i, 261. — refusing to swear in crimi- nal actions, may they be pu- mished as guilty of a con- tempt, or may they plead the benefit of the toleration acts,by which religious scru- ples are no longer a crime, ib. — in order to be exempted from the militia, must pro- *INDEX. xciii duce cértificates of their be- ing of that persuasion, iii, 64. Quakers, who may provide mi- litia-substitutes for, iii, 69. — how is the expence levied of procuring substitutes for, iii, 69. — right of appeal under 42 Geo. III, c. 91, to, iii, 69. Qualification of lords-lieuten- ant, iii, 57. — of deputy-lieutenants, iii, 57-59. — in Bute and Sutherland, by 43 Geo. III, c. 89, iii, 106. — in the city of Edinburgh, iii, 59. — pecuniary, none in Scot- land for being a justice of peace, i, 40. — of militia officers, iii, 57, 58, W6, 77. — must it be within the county, iii, 58, 97. J- under 43 Geo. III, c. 38, iii, 97. — penalty under 42 Geo. III, c. 91, for acting without, iii, — under 43 Geo. III, c. 38, iii, 97. — in the local militia, penalty for acting without, iii, 141. — of officers in the local mili- tia, iii, 139. — of do. in the city of Edin- burgh, iii, 140. — for killing game, is one who is qualified in England, qualified in Scotland also, and vice versa, ii, 557. Qualifications in the local mi- litia to be entered in a roll, iii, 140. Qualities of an oath, extrinsic and intrinsic, i, 240. — required in a justice of peace, i, 40. Quarantine. See Plague. Quartering of soldiers, iii, 43. Quarter-master, militia, who may be appointed as, iii, 76, — though not qualified, may he hold the rank of a subal- tern, iii, 75. — may he hold any higher rank, ib. — in the local militia, may he hold any other commission, iii, 161. Quarter-sessions. See Gene- ral Quarter-sessions, i, 76. — their jurisdictions in fixing the rates to families of mili- tiamen, iii, 104. — grant an allowance to the kirk-treasurer for his trou– ble in paying the families of militiamen, iii, 105. — appeal to, in case of a con- viction under the pawning statutes, 39 and 40 Geo. III, c. 99, § 35, App. No. 91. Quorum, justices of the, i, 40. — of the general meeting re- specting the highways, ii, 485. — of the lieutenantcy meet- ings, iii, 62. — if a quorum of a subdivision does not assemble, iii, 63. . Quota under the militia act, 42 Geo. III, c. 91, fixing of, iii, 65. — of militia, if not raised with- xciv INDEX, in a limited time, a penalty falls on the county, iii, 91. Quota, original, under 42 Geo. III, c. 91, militia reduced thereto, iii, 108. — if in any county there is less than the, must the de- ficiency be first raised be. fore the permanent addi- tional force, ib. – if the militiamen enlisting into regulars exceed or fall short of it, what is the duty of the lieutenantcy under 45 Geo. III, c. 31, iii, ib. — fixed by the 52 Geo. III, c. 68, what did it order when the numberservingwas great- er than iii, 142. — when less, ib. — of supply of the several shires under 1696, c. 1, App. i. No. 79. — of supply of the several shires under 38 Geo. III, c. 5, ib. No. 80. — of the different boroughs under 1696, c. 5, App, i, No. 79. R. Rabbits, shooting of, ii, 559. — when property, ib. Rank. See Major. — of the husband, does it ex- tend to the wife, and vice versa, ii, 240. —when lost by marriage. See Widow. — of militia officers, under 42 Geo. III, c. 94, iii, 57. — of local militia officers, iii, 138. * — when may an officer in the local militia havehigher than a colonel, ib. Rank, local militia officers ac- cepting commissions of the same rankin other regiments, how do they, iii, 159. — of volunteer officers, iii,208. — of officers of volunteers, transferring into local mili- tia, iii, 827. Rate of posting, i, 119, ii, 497. — jurisdiction of the justices therein, i, 119, ii, 508. – of a deserter’s subsistence when he is bringing back, iii, 88. — of subsistence to the fami- lies of militiamen by 43 Geo. III, c. 89, iii, 104. Rates to be taken by pawn- brokers, table of, 39 and 40 Geo. III, c. 99, § 2, 3, App. i, No. 91. Real servitudes, ii, 394. Reapers. See Shearers. Receiver general, his duty when the militia assessment, is fully paid upon any place, iii, 93. * — accounted to by the collec- tor of cess for his part of the fine of £20 sterling, under militia act 47 Geo. III, c. 71, iii, 117. Reciprocrity of profit in one- rous contracts, ii, 360. — not in gaming, ib. Recognisance for the peace, can the king take one, i, 1. — who can take a, ib. — See Surety of the Peace. Recommitment of a prisoner limited on act 1701, c. 6, i, 494, 495. INDEX. XCV Record, justice of, can take a recognizance, i, 1. — court of, may suitors and witnesses, and others attend- ing on business, be arrested for debt, i, 80, 81. — judge of, what, i, 6. — judicial, how far it bears faith, i, "4. — court of, i, 73. – if a judge of record in Eng- land certifies to the King's Bench that the peace has been broken in his presence, can it be traversed, i. 6, b. Records, different kinds of, i, 230. — what will they prove, i, 233. — do they prove the verity of the allegations of judges, ib. Recrimination, when is it a bar to a divorce, ii, 237. Redemption of the land-tax, iii, 9. — of pawned goods within 7 days after the end of the first calendar month, 39 and 40 Geo. III, c.99, § 5, App. i, No. 91. — after 7, and within 14 days, ib. ib. — after 14, but within the current month, ib. ib. Redress, what is due to a per- son wrongously impressed, iii, 274. Reduced, may non-commis. sioned officers and drum- mers be, to serve as privates for a certain period, iii, 81. — militia officers their privi- leges under 43 Geo. III, c. 38, 41, iii, 97. Reduction, forms of, i, 397. YO L. III Reeling, false, ii, 189, iii, 292. Reels and wheels, must be made by standard, iii, 291. Refer, can the sessions, with- out the consent of parties, i, 84. Reference to oath, can it af. fect third parties, i, 240. — in what cases may it take place, i, 243. — may the procurator fiscal refer, i, 249. Reformation of the commis- sion of the peace, i, 26. — of religion in Scotland, ii, 307. — disposal of the teinds prior to, iii, 436. Regalia minora, ii, 387. Regiment in the militia, com- panies in, iii, 73-90. — of the local militia, of how many companies does it consist when the men are sufficient to form one, iii,156. Regimental rank, when a ma- jor in the general militia service has not, iii, 60. — of volunteer corps, iii, 208. Registration of writs, in what courts, i, 73. Regrating, ii, 92. Regular churchman, ii, 424. — the orders of, ib. — marriage, ii, 223. — or supplementary militia, what rank in the local mili- tia may be attained by those who have served in, iii, 138. Regulars, a militiaman enlist- ing into, iii, 71. — may men enlisting into, be transferred into the marines, Hi, 111. cxvi INDEX, Regulars, number of men al- lowed by 47 Geo. III, c. 57, to enlist out of the militia into the, iii, 112. — the transferring men into, if there be more than one battalion of militia in any one place, ib. — if ſive-sixths of a militia regiment does not enlist in the, what is the duty of the commander, under 47 Geo. III, c. 57, ib. — if the number who enlists into the, be less than the number allowed to enlist, within what period, and with what consent may other cm- listments take place, ib. Rei persecutoriae actions, i, J 01. Relationship, what disqualifies a witness, i, 271. Relief of families of militiamen by 43 Geo. III, c. 89, iii, 103. — of local militia, iii, 150. — competent to those pro- prietors whose lands are de- signed for a glebe, i, 415. — See Poor Laws. Religion, ii, 307. Relocation, tacit, of teinds, ii, 462. Remedial justice, i, 452. Iłemoval of a local militiaman from one county to another, iii, 164. — during the period of train- ing, iii, 165. — of smuggled goods, iii, 339. Jłemovals under the poor laws, evils thereof in England, ii, 66. - unknown in the Scottish system of poor laws, ib. Renfrew, does it compose a battalion of militia by itself, iii, 72. — its number of militia, iii, 61. — of local militia, under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Rent, what enters into com- putation in a valuation of titles, ii, 447. Repair of manses, ii, 413. Reparation, havejustices power to give the injured party da- mages i, 30, b. — are actions concluding for reparation only, and not for a fine, competent before the justices, i, 293, — of damage done by the serv- ant, is the master liable for, ii, 164. Representatives of a deceased, what actions may they bring, i, 94. Reprobator, time and manner of taking, i, 266. Requisition, what necessary in order to subject a contermin- ous proprietor in the half of the expence of a mutual in- closure, ii, 531. Reserve, army of, is one serv- ing, or who has found a sub- stitute in, tiable to be bal- lotted for the militia, iii, 107. Residence, if one whose name is inserted in the militia list remove to another parish be- fore he be drawn, where is he liable to serve, iii, 65. INDEX. xcvii Itesidence, family, the hus- band’s power of fixing it, ii, 244. — may one be prosecuted within the jurisdiction where he dwells, on account of a delinquency committed be- yond it, i, 107, and App. iii, No. 23. — having more than one, where shall they serve as lo- cal militiamen, iii, 153. — of permanent local militia- men, iii, 177. — of a justice in one of two adjºining courities, is it me- cessary to give him jurisdic- tion under 28 Geo. III, c. 49, i, 59. Residing near, is it the same as next, iii, 348. Restraints on the use of pro- perty, ii, 97. Retail of ale, beer, and other exciseable liquors, statute concerning, iii, 374. Retained adjutants, serjeants, corporals, &c. their privi- leges, iii, 77. Return of men between 18 and 45, as liable for the militia, iii, 63. Returns of the militia, when called out, within what time to be made, iii, 79. — by, and to, whom to be made, iii, ib. r— to whom to be transmitted, iii, 80. — the penalty for neglecting to make, ib. — of the local militia, by whom made out, iii, 170. — when the militia are called out, what returns are then to be made, and to whom, iii, 79. Returns of the militia, yearly, by lieutenants of counties, iii, 91. — of militiamen enlisting un- der 47 Geo. III, c. 75, iii, 115. — in what penalty is a com- manding officer of a volun- teer corps liable for making false, iii, 205. Revenue officers committed on an accusation of murder, are they entitled to bail, i, 476. Review of sentences of justi- ces, at their sessions, quar- ter and ordinary, i, 294. — extraordinary, ib. — in the case of the small debt act, i, 153. — of sentences of justices and deputies under militia act, 42 Geo. III, c. 91, iii, 95. — of justices and of lieute- nancy, decision on 37 Goo. III, c. 103, and 39 Geo. III, c. 62, concerning, iii, 223. — under the local militia act, 52 Geo. III, c. 68, iii, 199. — under volunteer act 44 Geo. III, c. 54, iii, 210. — in excise questions, iii, 370. — from the inherent powers of the supreme court, where- ever an inferior jurisdiction exceeds its bounds, i, 302– 344. — of trustees under turnpike acts, i, 301, c. I i tº xcviii INDEX, Revocation of commissions in the local militia, does it take place with that of the power of the granter, iii, 139. Revolution, British, ii, 318. Reward for apprehending a descrter, iii, 84. — duty of a justice of peace in regard to the, ib. Rewards, are they a sanction of human laws, i, 185. Ribbon-sable, the mark of bas- tardy, ii, 269. Rights, perfect and imperfect, i, 355. Riot in English law, i, 377. — act, ib. River, the right of drawin nets on the one side of, ii, 579. — changing its course, may it be brought back, ii, 387. — common rights therein, ii, 386. Rivers, public, ii, 386. Robert Bruce, bis indenture, iii, 2. — tenth granted during his life, iii, 2. — III, regulations concerning judicial combats, i, 395. Robertson, Dr his remark on the political speculations of Knox and Buchanan, ii, 312, b — justifies the deposition of the queen-dowager, from the regency. ii, 313, a. Roe shooting, ii, 564. — buying and selling, ii, 565. łogue money, ii, 277, — is the borough entitled to relief from, of the expence of maintaining prisoners for crimes committed in other parts of the county, ii, 276. Rogues and vagabonds, ii, 81. Rolls, master of, can he keep the peace in Scotland, i, 2. Roman catholics, law concern- ing, ii, 350. — see Papists. Romans did not practise duel- ling, i, 393. — their method of preventing apprehended breaches of the peace, i, 399. — their servitudes, ii, 397. Roots, destroying, out of fields, nurseries, orgardens, ii, 519. Ross, its number of militia- men, iii, 62. — of local militia, iii, 142. — with what counties does it compose a battalion of mi- litia, iii, 72. — its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, App. i, No. 80 Rotulorum, custos, i, 51. Rout, in English law, i, 386. Roxburgh, its number of mili- tiamen under 42 Geo. III, c. 91, iii, 61. — with what counties does it compose a battalion of mi- litia, iii, 72. — its number of the local mi- litia under 52 Geo. III, c. 68, iii, 142. — its quota of supply under 1696, c. 1, App. 1, No. 79. — under 38 Geo. III, c. 5, App. i, No. 80. Royal dignity, the sovereign is the principal conservator of peace, by virtue of the, i, 1. INDEX. xcix Royal boroughs, qualification of deputy-lieutenants in, iii, 56. — borough, is the minister entitled to a manse by de- signation of the presbytery, ii, 414, a. — inhabitants of, are they liable in statute labour for the highways, ii, 496. — commonty, can it be di- vided, ii, 531. — boroughs, the magistrates of some, are keepers of the peace, by their charters ra- tified in parliament, i, 4. Ruddiman's account of the origin of the kings of Scot- Jand and England using the plural, i, 25. — questions the authenticity of a charter of Malcolm III, from its making that prince speak in the plural, i, 26. Running water, ii, 387. IRural servitudes, ii, 403. S Sabbath. See Sunday. Sacra quoad, lands annexed, ii, 4 17. Sacred things, ii, 383. Sailors, are they liable in sta- tute labour for the high- ways, ii, 497. See Seamen. Salary of the presbytery clerk, ii, 52, a.App. iii, Nos. 5 and 6. — of the parochial schoolmas- ter, ii, 301. Sale of pawned goods, 39 and 40, Geo. Il I, c. 99, § 17, 18, and 19, App. i, No. 91. Salmon fishery, ii, 388, 579. — belong to the catcher, ii, ib. Salmon fry, their voyage to the ocean, ii, 587. Salt-pans, may they go on Sun- day, ii, 340. Salutation in the commission of the peace, i, 17. Sanction of human laws, i, 185. Sanctuary of Holyroodhouse, i, 83,442. — can a warrant of meditatio fugae be executed against a debtor in, i, 434. — is caution judicio sisti for- feited by retiring to, i, 441. — are the persons, whose presence is necessary, in attending a court of jus- tice, protected in going to and returning from court, i, 83. Sands and schawls, meaning of, in the old acts concerning the fisheries, ii, 588. Saturday’s slop, ii, 593. Saxons, their method of pre- venting apprehended brea- ches of the peace, i, 490. Scaliger’s remark concerning the delicacy of the Jews, in regard to alms, ii, 15. Scandal when competent to try before the sessions, i, 121. Schawls, (shoals). See Sands. Scholars, vagabonds, ii, 79. Scl:olastic divinity, ii, 295. Schoolmaster, parochial, must be one in every parish, ii, 299. — by whom elected, ib. 304. — salary, ib. 301. — has a house and garden, ib. 302. C I NYDEX. Schoolmaster, or in lieu of a garden, what compensation, ii, 303. — parochial, if there be more than one, is each entitled to a house and garden, ib. — parochial, under 42 Geo. III, c. 91, makes a return to the deputy-lieutenants of persons between the ages of 18 and 45, iii, 63. — within 14 days after such return, gives notice to house- keepers, iii, 64. — within one month after de- livery, makes lists, and affixes a copy to the door of the church, & c. ib. — verifys lists on oath, ib. — allowance for acting under the militia act, iii, 14. — duty of, in returning lists of militiamen under 47 Geo. III, c. 71, iii, 115. — is he an officer in the language of the militia act, 37. Geo. III, c. 103, iii, 122. — duty of, when the militia is embodied in part, iii, 87. — in regard to attendance, and making returns, under local militia act, 52 Geo. III, c. 68, iii, 145, 146. Schoolmasters, are they liable to quarter soldiers, iii, 50. Schools, ii, 294-306. Scotla d, its ancient indepen- dency, i, 2, b. — style of its ancient mo- narchs, i, 19, 23. - its crown imperial, i, 23, 24, Scotland, why is the criminal jurisdiction of the sessions more limited in, than in England, i, 162. Scots, modern lowland, their origin, ii, 310, b, 311. Scotus, John Duns, ii, 295. — his opinion as to the law- fulness of punishing capi- tally any offence not so pu- mished by the Jewish law, ii, 8, b. Scourging, when inflicted on soldiers by courts martial, i, 203. — by the civil magistrate, how different from the former, ib. — at common law, can the magistrate, without a jury trial, inflict the punishment of, i, 204. — when it is attended with legal infamy, i, 204. — a punishment under the sta- tutes concerning planting, ii, 516. — a woman, though a vagrant, not to be whipt, ii, 83. See Whipping. Scribblers in the woollen ma- nufacture, their embezzle- ment how punished, ii, 194. Scriptures. See Mosaical In- stitution. Scutella, ii, 12. Sea. See Ebbing. — can a landsman, by way of punishment, be sent to,i,218. — lands gained from, are they titheable, ii, 461. — mark, is it lawful to inclose ground. within, ii, 385. t V § INDEX. ci Sea ware, or weeds, ii, 387. — can the king grant a right to, ib. — ware, in a valuation of tithes, is any allowance giv- en for, ii., 461. Seas, freedom of the, what the controversy resolves into, ii, 385, b. — the king’s sovereignty in the British, ib. — fisheries in, ii, 577. — right of ministers to, ii, 427. Seal, great, of Scotland, who now keeps it, i, 35, b. — to what deeds is it append- ed, ib. — privy, to what appended, ib. — cashet, ib. — signet, ib. — under what passes the com- mision of the peace, i, 33, 38. Seals, manner of authenticat- ing deeds before the use of, i, 19, e. 20, — when the double impres- sion was first added, ib. — when coats armorial were first used on the Scottish royal, i, 19. — how the sealing of deeds fell into desuetude, i, 20. — broken at the king's death, i, 35, b. 37, Seamen, not to be ballotted for as supplementary militia- men, iii, 98. — serving in the militia, and agreeing to enter into the navy, may be discharged, iii, § 9. Seamen, how far may they be enrolled as militiamen or volunteers, iii, 1 18. — is the character thereof in- delible, iii, 241. — entering into indentures, what exemption have they, iii, 262. Search warrants, i, 453. — on what evidence, ib. — general reprobated, i, 454. — in virtue of 22 Geo. III, c. 58, i, 455. — privy, for vagabonds, ii, 82. — for illegal bread in houses, ii, 120. — for unstamped linen cloth, iii, 287. — for lintseed, ib. —for gunpowder, 12 Geo. III, c. 61, § 32, App. i, No. 89. — for goods unlawfully pawn- ed, 39 and 40 Geo. III, c. 99, § 12, App. i, No. 91. Seats in a parish church,ii,480. Seceders, burgher and anti- burghers, ii, 336. Second diligence i, 258. Seconds at a duel, law con- cerning, i, 396. Secretary of state, is he a con- servator of the peace, i, 3. — note of militia qualifica- tions remitted to, iii, 60.4 — what is he, by 47 Geo. III, c. 57, to do concerning the enlistment of the mili- tia into the regular army, if there be more than one bat- talion, iii, 1 1 1. — his consent necessary to ex- tend the time of balloting under 47 Geo. III, c. 71, iii, 1 16. • * Cl] Secretary, militia returns un- der 47 Geo. III, c. 71, transmitted to, ib. Secular clergy, three classes of ii, 436, b. Security of the peace, why can the king not take a, i, i. — church of Scotland, act of King William for, ii, 329. — act of Queen Anne for, ii, 325, 326. — judicio sisti, i, 430. — judicatum solvi, ib. — to be given by a pawn- broker appealing to the quarter sessions, 39 and 40 Geo. III, c. 99, § 35, App. i, No. 91. Sedition, i, 367. Seditious assemblies, i, 370. — societies, i, 372. Seducing artificers to leave the kingdom, iii, 324. Seisin, when necessary in the case of teinds, ii, 455. Seizure, illegal, when compe- tent to be tried before the justices, i, 122. Selden, his explanation of Em- percr; i, 24. — his account of the chari- table spirit of the Jewish law towards strangers, ii, 12. Selkirk, its number of militia- men under 42 Geo. III, c. 91, iii, 61. — with what counties does it compose a battalion of mili- tia, iii, 72. — its number of local militia, under 52 Geo. III, c. 68, iii, 142. INE) EX. Selkirk, its quota of supply under 1696, c. 1, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Selling or buying the arms of militiamen, iii, 80. — of volunteers, under 44 Geo. III, c. 54, iii, 215. Semiplena probatio, i, 250. — what entitles to oath in supplement, App. iii, No. 31. Senators of the college of jus- tice, (judges of the court of session) included in the ge- meral nomination as justices of peace over all Scotland, i, 3. — precedence of, App. iii, No. 1. — when the judges of the court of session were digni- fied with the name of, ib. See Session, Court of. Seneca, his illustration of the origin of property, from oc- pancy, ii, 381. — his account of the threeprin- ciples on which the right of punishment is founded, i, 187. Sentence, none can be pro- nounced in absence of the defender, i, 104. App. iii, No. 21. — pronounced by a court-mar- tial on the permanents when the militia is not embodied, is not to be executed till confirmed by the colonel, iii, 81. — pronounced in a regi- IND EX. ciii mental court-martial, held for the trial of a local mlii- tiaman, to whom must it be submitted, iii, 166. Separation of husband andwife, ii, 236. Sequels, ii, 408. Serjeants, not to insure persons against the militia, iii, 99. — sum allowed to, for in- structing volunteer corps, iii, 210. — their proportion when the militia is not in actual ser- vice, iii, 76. — if it is in actual service, ib. — oath to be taken by, iii, 76, 77. —may commandants discharge them, 77. — may publicans be, ib. — who have served 20 years in the militia, are they en- titled to Chelsea, iii, 78. — when they may be tried by a court-martial when the militia is not embodied, iii, 81. — having served 20 years in the local militia, are they entitled to Chelsea, iii, 166. Servant stealing his master’s livery, on what footing com- petent before the sessions, i, 185. — may he resile by returning his arrels, ii, 161. — can he compel a master to give him a character, ii, 162. — when his master is liable for the damage done by, ii, 164. — may a master beata, ii, 170. Servants,jurisdiction of justices of peace in delinquencies committed by, i, 182. — in the case of wages, i, 117. — master and, ii, 160. — the enrolment of under 42 Geo. III, c.91, in what cases it does or does not vacate their contracts with their masters, iii, 70. — under 52 Geo. III, c. 68, iii, I 55. Serve, who may be compelled to, ii, 160. — for life, if legal, ii, 161. Service, definition of, ib. Servitudes, ii, 397, 409. — division of a common be- tween those having a right of property and those hav- ing, ii, 544. Session. See Kirk. — ancient, a parliamentary committee, i, 168. — why so called, i, 167. — court of, succeeded the daily council, or parliamen- tary committee, i, 167. — instituted under the name of College of Justice, i, 168, b — Quorum at different times, ib. — power of, to regulate its proceedings, ib. — its judges called Lords of Council and Session, ib. — had at first judges extraor- dinary, ib. — by whom were its judges. originally chosen, ib' — court of, its judges at first half clergymen and half lay- men, i, 168. civ IND EX. Session, its mobile officium, i, 137. — its criminal jurisdiction, i, 287. — why it never used an assize, i, 167. — its judges had a particular seatin the parliament of Scot- land, App. iii, No. 1. — their privileges preserved at the union, ib. — their title, under a fair con- struction of the articles of union, to sit within the bar of the house of peers, ib. — account of the decision of the house of peers thereon, ib. — how regulated by 48 Geo. III, c. 151, App. i, No. 69. Sessions of the peace See General, Quarter, Special. — definition of, i, 73. — if a court of record, ib. — how many justices arc me- cessary to constitute a, i, 75. — frcedom of access to, i, 80. — can they refer, i, 84. — who act as procurators be- fore, i, 54. — jurisdiction of, i, 115, 125. — criminal, i, 180, 228. — jurisdiction of, how limited in England, i, 162. — — in Scotland, ib. — why more limited in Scot- land than in England, i, 163. — who must appear before the, i, 99. — powers of, how construed, i, 117, 119. — their jurisdiction in wages and rates of labour, how af- ſected by Lord Sidmouth's act, i, 117. Sessions, consuetudinary juris- diction of, in civil matters, i, 131. Settlement under the poorlaws, ii, 59, 76. Severe usage, when a servant may leave his master for, ii, 171. Shaftesbury, earl, his misrepre- sentation of the tolerant prin- ciples of paganism, ii, 309, b. Shawfield’s mob, i, 388, h. Shcarers (reapers), are they preferable on the price of corm they cut down, ii, 177. Shceting illegal in a fishery of salmon by cruives, ii, 591. Sheriff-depute, a conservator of the peace within his pre- cincts, i, 3. Sheriff-depute, his jurisdiction, as a judge ordinary, how dif- ferent from that of the jus- tices of peace, i, 114. — how different from that of the English sheriff, i, 163. — what causes can he try, and punishments inflict, without a jury, i, 174. — duty of under 55 Geo. III, c. 69, for regulating mad houses in Scotland, App. i, No. 87. — their duty under 55 Geo. III, c. 71, for regulating hawkers and pedlars in Scot- land, App. i, No. 86. — his jurisdiction in game questions under 13 Geo. III, c. 54, ii, 554. Shoeing (causewaying) the channel of a river, ii, 592. INDEX. £y Shore, extent of the sea, ii, 385. — definition of, ib. — to what extent public, ib — of Leith, citation at, i, 105. Sick, what is any justice em- powcred by 42 Geo, III, c.91, to do, in the case of militia- men on a march falling, iii, 79. Sidmouth, lord, his act respect- ing the jurisdiction of jus- tices in regard to the price of labour and handicrafts, i, 118, App. i, No. 72. Sidney, Algernon, general dis- approbation of the principle on which he was condemn- ed for high treason, i, 359. Signed information necessary for committing any person for trial, i, 469. — form of, ib. Signet letters, their style, i, 25. Silkworkers, embezzlement by, ii, 192, &c. Silks, where excised, iii, 341. Similitude of handwriting, how far evidence, i, 237. Sister-in-law, may a man marry his, ii, 237. Skene, Sir John, mentions the coroner as a constituent part of the judicial system, i, 5. Slave, getting his foot on Scot- tish ground, does he become free, ii, 161. Slavery, does an engagement as a servant for life consti- tute, ib. Slop, Saturday’s, ii, 593. Small debt act, i, 127-160. Smart-money, within what time must it be paid, iii, 28. Smiddy, is it a nuisance, ii, 98. — in a valuation of teinds, is there any deduction for the rent of, ii, 459. Smith, Dr. his explanation of the difference between cus- toms and excise, iii, 340. Smuggled goods, offering to sell, iii, 337. Smugglers, do protections from pressing avail, iii, 270. — duty of justices in appre- hending, iii, 338. — outlawed, duty of justices in regard tº ib. Snuff-mills, in a valuation of teinds, is there any deduction for the rent of, ii, 4.59. Societies, friendly, their regu- lations must be exhibited in writing to the justices at the sessions, i, 53. See Friend- ly Societies. — religious, ii, 337. — seditious, i, 372. Soldiers, ii, 25, 60. — their domicile, i, 106. — embarking for foreign ser- vice. See Wives. — sentenced by a court-mar- tial to imprisonment, must they be admitted into houses of correction and public pri- sons, ii, 282. # Solemnities, how far necessary to the validity of judicial writs, i, 233. Solemnity, is any necessary to constitute marriage, ii, 212. Soletrees in the construction of cruives, ii, 59.3. Solon, his opinion as to the sanction of human laws, i, 185. cvi INDEX. Solway Prith, whether subject to the regulations as to close time, ii, 582. — peculiar mode of salmon- fishing in, ii, 597. Somerville,Rev. Dr. hischarac- ter of King William, i, 467, 3. — his view of the real inten- tion of Queen Anne's tory administration in passing the toleration act, ii, 227, a. — his account of King William scrupling to take the perse- cuting clause in the corona- tion oath, ii, 324. Sorners, ii, 77. Sovereign, the principal con- servator of the peace, i, 1. — fountain of jurisdicton, ib. — can he himself take a recog- misance, ii, ib. — can he personally preside in his court of justice, ib. b. — can he bear witness, i, 262. — his right to the military services of the people. See King. Sowme of grass, ii, 420. Spars. See Hecks. Spartan law allowed marriage between brother and sister- uterine, ii, 209. Spatiandi, servitude, ii, 404. Spinners in the woollen ma- nufacture, their embezzle. ments, ii, 196. Special sessions. See General, Quarter. Spirit-dealers, what can they not be in the local militia, iii, 162. Spiritual affinity, ii, 211. Spirituality of benefices,ii,418. Spiritous liquors not to he re- tailed in prisons, ii, 281. — licence for selling of, iii, 379–386. Spirits, where excised, iii, 341. Squalor carceris, ii, 284. Stable, does a minister’s manse include a, ii, 413. S/agna piscaria, ii, 584. Stage coaches, the responsibi- lity of the owners of, ii, 165, 510, App. iii, No. 83. Stair, viscount of (lord presi- dent), his account of the ori- gin of property, ii, 381. — his definition of damage, i, J 86. — his distinction between the right of reparation and pu- mishment, i, 187, c. — his opinion how far the Mo- Saical institutions are obli- gatory, ii, 8. — his account of the duty of children to their parents, ii, 251. Stamped certificate for killing game, ii, 559 Stamping of linen cloth, iii, 296. — counterfeiting, ib. Standard wheaten bread, ii, 134, — weights and measures, ii, 147-159. — jug, ii, 151. State, secretary of, is he a con- servator of the peace, i, 3. Statute, if a recognisance for the good behaviour be en- tered into by a person who has done something prohi- bited by a statute, does he forfeit it by committing an- INDEX. cvii other offence against said statute, i, 424. Statutes relative to general sub- division militia meetings, are they applicable to the local militia also, iii, 143. Stature, if not under five feet four inches high, is no ground of rejecting a militiaman, by 47 Geo. III, c. 57, iii, 111. — by 43 Geo. III, c. 100, no substitutes or volunteers in the militia to be discharged on accountof his, if not under five feet two inches, iii, 107. Stent nets, ii, 596. — masters, iii, 6. Steward, Lord High of Eng- land, is he a conservator of the peace in Scotland, i, 1. Stewart-depute. See Sheriff. Sticks of woods, destroying or carrying away, ii, 520. Stillicide, servitude of, ii, 403. Stillingfleet, his account of the early profession of christia- mity in North Britain be- yond the Roman province, ii, 311. Stipend, ii., 463, 477. — vacant, is it liable for repair- ing the manse, ii, 416. - augmentation of, under the late act 48 Geo. III, c. 138, ii, 465, and App. i, No. 138. Stirling, jug, ii, 151. — its number of militiamen under 42 Geo. III, c. 91, iii., 62. — of local militia, iii, 142. — with what county does it compose a battalion of mili- tla, iii, 72. — its quota of supply, under 1696, c. 1, and 38 Geo. III, c. 5, App. i, No. 79, 80. Stock, may the curators of a minor encroach on, ii, 271. — of volunteer corps, in whom is it vested, iii, 217. Stocks, punishment of, i, 220, 225. — called the constable’s pri- son, ib. Stone, French, troy, ii, 151. Stoppages, for what the militia, when called out to exercise, may be put under, iii, 79. Stops, in a salmon fishery, ii, 585, a. Storey, upper, of a tenement, burdens on the proprietor thereof, ii, 381. Straightening of marches, ii, 534. Stranded vessel, ii, 388. Stranger, if he commits an of- fence here, may be tried, but if he escapes is not fu- gitated, i, 113. – See Arrestment, Holyrood- house, Foreign. – not allowed in Judea to con- tribute to the support of the Jewish poor, ii, 18. – if property belonged in common to a Jew, and, ii, 13. – if poor, supplied along with the native poor, ib. - under that term were hea- thens, though not proselytes, entitled to charity, ii, 15. Strays, ii, 388. Streams of water, ii, 390. Streets, carriages not to be left in, ii, 493. — drivers not to ride on carts through, ii, 491. cºviii INDEX, Stuart, Dr. Gilbert, his ani- madversion on the nobile offi- cium of the court of session, i, 136. — agrees with Dr. Robertson in justifying the deposition of Queen Mary of Guise from the regency, ii, 313, 314. Stubs, green, destroying or carrying off, ii, 520. Style. See Great Britain, Grace of God. — of our Scottish kings, i, 19. — when first it became usual for kings to use the plural number, i, 25. Subalterns embodied, what are they allowed by 43 Geo. III, c. 71, iii, 101. — attendance, iii, 102. — number allowed, ib. Sub-commissioners of excise, appeal from theirjudgments, iii, 297. Sub-division clerk gives notice of meetings to commanding officers of local militia regi- ments, iii, 143. — transmits copics of rolls to the clerk of general meet- ing, iii, 147. — meeting for apportioning men under 47 Gco. III, c. 71, iii, 114. — meeting in which justices may act with the powers of deputy-lieutenants, iii, 122. — meetings under the militia act, 42 Geo. III, c. 91, iii, 63. — members of, ib. — if a quorum does not meet, ib. Sub-division, second meeting, what it does, iii, 66. — under 52 Geo. III, c. 68, local militia, may they alter the allotment of men in each division, iii, 145. — meetings of lieutenancy under the militia acts, are they applicable to local mi- litia under 52 Geo. III, c. 68, iii, 143. Submission to Charles I, con- cerning teinds, ii, 442, 443, 447. Subsidies, national, by what rule paid, iii, 8. Subsistence of a deserter while he is bringing back, iii, 100. Substitute in the militia, who, under 42 Geo. Ill, c. 91, may be produced for, iii, 66 — not allowed in the local mi- litia by, iii, 147. — sum to be paid, on enrol- ment, to a, iii, 1 17. — not appearing to be sworn, liable in a penalty, iii, 70. Substitutes for the militia, iii, 70. — persons having more than two children not to be re- ceived, iii, 106. Succession, protestant, laws for security of, ii, 318. — of widow and children, ii, 260. Suitors, what protection have they in attending a court of record, i, 80. Summary warrant, i, 436. — complaints, procedure is, i, 289. Summoning meetings of lieu- tenancy, mode of, iii, 63. INDEX. cix Summons or libel, i, 287. Sunday, can diligence (execu- tion) be executed on, i, 427. — may an arrest for the pur- pose of fixing a forum take place on, i, 433. – may awarrant meditatio fugae, i., 436. — profanation of, ii, 340. — is observation of the Sun- day a positive or natural du- ty, ii, 340. Superior, is he subjected in any share of parochial burdens, ii, 416. — heritor, what power he has over the, ii, 391. Superiority, is it the property or superiority that gives a game qualification, ii, 548. Supernumerary officers may be appointed to men trained to the service of the artillery, iñ, 74. — of the militia, regulations of 45 Geo. III, c. 90, concern- ing, iii, 110. Supplement, letters of, i, 103. — oath oi, i, 250. Supplementary militia, ballot- ting for, iii, 90. — after it is called out, within what time must parliament meet, ib. — do they make part of the regiment of the county, ib. — being disembodied, do the privates remain liable to sup- ply vacancies in the regular militia, ib. — how is it to be ballotted by 43 Geo. III, c. 50, iii, 98. — officers who have served in, what rank may they obtain in the local, iii, 138. Supply to government in feu- dal times, iii, 2. — its quota laid on the se- veral sheriffdoms and bo- roughs before the union, App. i, No. 79. — under 38 Geo. III, c. 5, ib. No. 80. Supremacy, oath of, i, 47. — the king's, in causes eccle- siastical, abolished, ii, 346. Surety of the peace, i, 408. — of the good behaviour, i, 410. — See Recognisances, i, 1 Surgeon in the militia, when the regiment is embodied, what is the pay of the, iii, 75. — when the regiment is disem- bodied, what he receives, ib. — who appoints him, ib. — no man is enrolled in the local militiatill examined by, iii, 153. —gets an allowancefortrouble, iii, 153. — in the local militia, under 52 Geo. III, c. 8, iii, 160. Surmise, can a warrant to break doors open be granted on, i, 454. Surveys taken on public occa- sions, are they evidence, i, 237. Suspected of desertion, what does 43 Geo. III, c. 62, do concerning men, iii, 100. Suspension, i, 297. — under the militia act 42 Geo. III, c. 91, its compe- tency, iii, 95. £X INDEX. Suspension, under 47 Geo.III, c. 71, iii, 124. Sutherland, its number of mi- litiamen under 42 Geo. III, c. 91, iii, 62. — of local militia, iii, 142. — with what county does it compose a battalion of mi- litia, iii, 72. — qualifications ofdeputy-lieu- tenants in, iii, 106. — its quota of supply, App. i, No. 79, 80. Swearing of witnesses, i, 258. — if it may take place at a precognition, i, 463. — and cursing, ii, 340. Sweets, who excises, iii, 341. Swift, Dr. his idea as to re- ward and punishment being the sanctions of human laws, i, 185. – approved of the opposition of the house of commons to the dispensing with the oaths of quakers in civil cases, i, 269. Swindling, i, 184. — is it competent before the sessions of the peace, ib. Sycamore tree, is it timber un- der 6 Geo. III, c. 48, ii, 518. Syllogism, every libel a, i, 287. T Table, attempts of the Scottish legislature to regulate the luxury of the, iii, 5. - relative to the assize of bread, ii, 135, 136. – of rates to be put up by pawnbrokers, 39 and 40 Geo. III, c. 99, § 42, App. i, No. 91. Table offees at justicc of peace courts to be kept where the sessions are held, i, 53. Tacit relocation of teinds, ii, 462, 463. Tacitus, his account of the ef- fects of gaming among the ancient Germans, ii, 380. — his account of the supersti- tious jurisprudence of the Germans, i, 994. Talmud, ii, 12. Tavern accounts, i, I55. Taverns, haunting of, ii, 338. Tax on property, iii, 11. — land, redemption, iii, 9. Taxation, national, first in- stance of, ii, 2. Teachers, are they exempted from the local militia, iii, 136. Teinds, ii, 434. — definition of, ib. Temporary distress, relief of, ii, 54. Temporal lands, when may they be designed for a glebe, ii, 422. Temporality of benefices, ii, 4, 18. Ten merk court of the magis- trates of Edinburgh as jus- tices, i, 132. Tenant, can he hinder the landlord from hunting on his estate, ii, 553. Tenement, what in borough, ii, 389. Terce, ii, 400. Term, right of the relict to ali- ment to, ii, 235. — if the master die before the term, what wages are due, ii, 166. INDEX, cxi Term, if nothing be stipulated by a servant, what is under- stoodd to be the, ii, 161. — day, if a liferenter outlives the, ii, 401. Terms in the case of stipends, ii, 476. Tertullian, his evidence as to the antiquity of the priest’s blessing in marriage, ii, 218. — his evidence of the early profession of christianity in Scotland, ii, 310. Test, religious, rescinded, ii, 334. —how far there is any in Scot- land, ii, ib. — reasons for and against a religious test, ii, 327. — whether the English test act strikes against Scottish presbyterians, ii, 334. Testament, if good according to the lew loci, good every- where else, i, 109. – can a bastard make a, ii, 267, 268. — of soldiers, how far privi- leged, iii, 50, 51. Theft, when is lawful to try in England for theft committed in Scotland, and vice versa, i, 113. Thefts, capital, i, 194. Theocracy, Jewish, mistake concerning, ii, 323. Thirds of the benefices, how distributed, ii, 437. — assumption of, ii, 438. Thirlage, servitude of, 408. – redemption of, ii, 409. Threats, verbal, i, 392. Vol. III. ii, Threats, Jewish division of, ii, 11. Time. when the general meet- ings of the lieutenancy are held, iii, 62. — for killing game, i, 566. — for muirburn, ii, 574. — divison of, among the Greeks, ii, 11. — Romans, ib. — Jews, ib, — mode of commuting, under the act 1701, c. 6, i, 487-494. Tithe. See Teinds. — appropriated by the law of Moses to the poor, ii, 10. — different kinds of, by the law of Moses, ib. Title, Merovingian kings of France, i, 29. See Style, Titular, who, ii, 453. — can he prevent the pro- prietor from managing his ground in such a way as de- prives him of the tithe, ii, 452. Tocher, if the marriage dis- solve within year and day, is it repaid, ii, 234. Toleration act of queen Anne, ii, 227. — what was the real tolera- tion act in Scotland, ii, 326. — English, did it take away the crime of, or only the pe- nalty for nonconformity, ii, 336. — in regard to witnesses, i, 260, 261, Tolls, evasion of, ii, 404, 405. — exemption in favour of sol- diers, iii, 36. Tools, working, exportation of, ‘li, 330. K k cxii INDEX. Town. See Borough, Trout-net fishery, ii, 578. Trade, can a discharged sol- dier exercise more than one trade at a time, iii, 52. — crimes against, i, 192, Trades, when is it that militia- men have the same benefit as soldiers and sailors as to the exercise of their, iii, 94, Trains, antipathy of the Scot- tish legislature to ladies wearing trains unfitin length, ii, 5. Transmission of duplicates of lists under 47 Geo. III, c. 71, iii, 1 15. Transportation,returningfrom, is it a capital crime, i, 199. — of vagabonds, ii, 84. — a punishment of British sta- tutes relative to manufac- tures, ii, 191. — if it may be inflicted for the third offence of injuring trees, ii, 518. Transference of actions to re- prescntatives, i, 93. — against representatives, i, 100. —- can it proceed during an- nus deliberandi, i, 102. — is a previous charge neces- sary, ib, — when the supreme court alone can transfer, ib. Treason, how it falls under the cognisance of the justices, i, 357. — ancient Scottish law, ib. — English, i, 358. — new, i, 362. Treasurer, lord, is he a con- servator of the peace in Scot- land, i, 2. Treasurer, kirk, pays the al- lowance to the families of militiamen under 43 Geo. III, c. 80, iii, 104. Trees on a glebe, do they bc- long to the minister, ii, 428. — on the side of the high- ways, to whom do they be- long, ii, 483. tºº regulations of 13 Geo. III, c. 78, to prevent the en- croachment of on highways, i, 490. — See Planting, ii, 513. — fruit, in an orchard, are they protected by the sta- tutes for preservation of planting, ii, 515. — in natural woods, of what value must they be to fall under said statutes, ii, 516. — what are considered tim- ber within 6 Geo. III, c. 48, iii, 518. Trent, council of, first made celebration in facie ecclesiae cssential to marriage, ii, 22(). — but held it heresy to ascribe the nullity of private mar- riages to any thing but the positive act of the church, ii, 220. Trial, judicial, forcing on, i, 480. — by jury. See Jury, Court- martial. — of militia officers, those of the line, by 42 Geo. III, c. 91, do not sit on, nor vice versa, iii, 85. INDEX, cxiii Triennial prescripton,dowages fall under it, ii, 176. — on what founded, ib. — different from the English limitation statutes, ib. Trinity, Holy, denial of, ii, 342. — act, to relieve persons who impugn the doctrine of the Holy, App. i, No. 73. Tron weight abolished, ii, 151. Trout fishing, ii, 578. Troy, stone, ii, 151. — weight, ii, 153. Trust, breaches of, in what cases competent before the sessions of the peace, i, 184. Tug-net fishing, ii, 592. Tumult, is it necessary to make the crime of sedition, i, 366. Tumultuous petitioning, i,370. — convocation of the lieges, i, 380. Turbary, servitude of, ii, 407. Turnpike acts, ii, 502, 503. Tutors and curators, ii, 270. Tweed, river, why at one time not subject to the regula- tion respecting fisheries, ii, 582. Types, notice necessary to be given of the sale of, i, 375. – the makers and sellers of required to give notice to the clerk of the peace, i, 375. Tytler's, A. Fraser (lord Wood- houselee) distinction between martial and military law ex- plained by, iii, 26. U. Ultroneous witness, i, 253. Underwood, cutting or de- stroying, ii, 520. Unfit, militiamen discharged as, iii, 69. Union, articles of. See Test. — land tax, on Scotland, iii, 4. — tax on beer, iii, 342. Unit of liquid measure, ii, 151. United Englishmen, i, 372. — Scotchmen, &c. ib. Universitatis res, ii, 388. Universities, Scottish, test by which they are secured, ii, 326. — how far have they a com- munication of rights with the English, ii, 557, a. — resident members of any of the, exempted from the lo- cal militia, iii, 148. Urban servitudes, ii, 403. Usage, instance of its giving the justices a jurisdiction against principle, i, 116. — how far it makes or alters law, 214, 219. — what kind is necessary to give a servitude of way, ii, 404. — though erroneous, freeing from expences, i, 104, a. Use of payment of the cess, when the rule in a division of valuation, iii, 19. Utterer of false British coin, ii, 192, 361. — if he does not import, is he within the treason act, i, 326. V. Vacance, the Christmas, can a session be held during, i, 78. K k 2 cxiv. INDEX. Vacancy, what comes of the stipend during, ii, 476. —where the crownis patron, ib. — by death or promotion, how filled up by 42 Geo. III, c. 91, iii, 69, 70. - by persons making default, and not taken within three months, by ditto, iii, 87. – supplied without a ballot, by do. iii, 90. – within three weeks, supplied by 43 Geo. III, c. 38, with- out regard to the cause, iii, 97. — if it may be supplied from privates in the supplement- ary militia, when the same is reduced, does a fresh bal- lot take place, iii, 98, 99. Vacancies by promotion sup- plied in the same way as in the case of death, by 43 Geo. III, c. 50, iii, — in the case of one arising previous to the reduction of the militia to its original quota, what is the direction of 44 Geo. III, c, 66, con- cerning the additional force, iii, 108. — in the militia of any county, when not supplied, what does 44 Geo. III, c. 66, direct, concerning, iii, 108. — when the militia are em- bodied, and any of the men absent for three months, a fresh ballot must take place, iii, 88. — if the man drawn does not appear within a month, may the vacancy be filled up by 43 Geo. III, c. 38, iii, 97. Vacant stipend, is it liable for repairing the manse, ii, 417, 476. Vagabond scholars, ii, 79. Vagrants, ib. Valuation of teinds, ii, 448, 445. — division of, iii, 15. Valued rent, iii, 4. — not always the rule of an as- sessment for the families of militiamen under 43 Geo. III, c. 89, iii, 105. Variance, what sort of one from the statute vitiates excise in- formations, iii, 353. Veils, antipathy of the Scottish legislaturetotheladies using, ii, 5. Verbal order to arrest, i, 458. — injury, when competent be- fore the justices, i, 122. — citation to attend the magi- strates of Edinburgh as jus- tices, i, 130. Verdict of a jury, ancient terms of the, i, 216. See Jury: Via, servitude of, ii, 403. Vicarage teinds, ii, 450. Vicars, perpetual, ii, 435. Victual, conversion of, ii, 465. — stipend, what it means, ii, 467. 8 — if the tithes be valued in money, can the minister get, ii, 466. Victual, can one sort be given where the tithes are valued in another, ib. — stipends by 48 Geo. III, c. 138, always to be modi- fied in,iii,466, App.i, No.68. Victuals, regulations for pre- venting unwholesome, ii, 92. INDEX. CXV Violence, what necessary to constitute the crime of mob- bing, i, 383. — to constitute an affray, i, 390. Vitiation of excise informa- tion, when it takes place, ii, 353. Voltaire, mistakes the inter- community of deities that prevailed in heathen na- tions for toleration, ii,309,b. Voluntary jurisdiction, can it be executed without the bounds, i, 59. — can it be any where exe- cuted, ib. Volunteers, iii, 201, 220. — corps have not the increased pay of the regular army, iii, 110. — when entitled to pay, iii, 21 1. — entering for local militia supersede a ballot, iii, 148. - when exempted from the local militia, ib. — may transfer themselves in- to the local militia, iii, 143 — under the militia act 42 Geo. III, c. 91, may be pro- duced, iii, 67. — in the militia, not appear- ing to be sworn, liable in a penalty, iii, 76, — in the militia not to be dis- charged on account of sta- ture, if not under five feet two inches, iii, 107. — sum to be allowed for find- ing, for the militia, under 47 Geo. III, c. 71, iii, 117. — effective, how far exempted from the militia,iii, 118,122. Volunteers, exempted from service, not from ballot, iii, 206. — on quitting the corps dur- ing the war, or being dis- charged, are they liable to serve immediately in the militia, iii, 207. — yeomanry and cavalry, when may they transfer their ser- vices into the local militia, iii, 143. Votes, nominal and fictitious, iii, 16. Voters, under 42 Geo. III, c. 91, there is no punishment of voters going to elections, iii, 94. W Wagers, ii, 358. — the English law different from ours, and that of Rome, concerning, ib. — at horse races, ii, 379. Wages, if the master die before the term, ii, 166. — board, when due, ii, 167. — arrestable, ii, 174. — how far preferable in case of the master's bankruptcy, ii, 175. — settlement of, in the case of manufacturers, statutory regulations concerning, ii, 203, — of servants, how competent before the sessions, i, 117. — of craftsmen, i, 118. — See Labour. Waggons drawn by oxen, ii, 504, 505. Waif cattle, to whom do they belong, ii, 388. cxvi INDEX. Walton, Isaac, his Complete Wax,what deeds arcsealed with Angler, ii, 585, a. Walnut trees, are they timber under 11 Geo. III, c. 48, ii, 518. Warburton, Bishop, his view of the duty of the observation of the Sabbath, ii, 340. — his view of the sanctions of human law, i, 186, a. —his explanation why the state retains its jurisdiction over a banished man, i, 197. Warding, burden of, ii, 274. — acts of, are the decrees of justices enforced by, i, 290. Warrant for examination, i, 461. — for committment, ib. — from the court of justiciary, ib. Warning, what necessary for parting, with a servant, ii, 161. Warp yarn, regulations con- cerning, iii, 293. Watchmakers,their frauds,how punished, ii, 197. Watching and warding, ii, 274. Watermen, are they liable in statute labour, ii, 497. Water, running, ii, 97,383. — common property, ii, 389. — fowl, shooting at, ii, 564. Watson, Bishop, his observa- tion of the want of public charities in the heathen world, ii, 8. Waulk-mill, rent of, is it de- ducted in a valuation of teinds, ii, 459, d. Wax, the colour and size, a means of detecting the for- gery, i, 19, e. white, what with red,— what with green, i, 33, a. Way, servitude of, ii, 403. Ways, public or high, ii, 488. Weapon-shawing, iii, 278. Weaver in the woollen manu- facture, for embezzlement, how punished, ii, 194. — who may set up as a master, iii, 293. — must find security to weave legally, ib. Wears, ii. 584. Weight of bread, ii, 130. Weights and measures, ii, 146- 159. Wells, where sooner appropri- ated than land, ii, 384. West Indies, who are not to be impressed there, iii, 266. — what shipmasters are direct- ed to do before they hire any men there, ib. Whales, what belong to the catcher, and what are inter regalia, ii, 388. Wheat ground, particular re- gulations concerning hunt- ing on, ii, 567. — can the tenant exclude the landlord from hunting on ground prepared for, ib. Wheaten bread, ii, 130. Wheels of carriages regulated, ii, 503, 504. Wheels and reels, iii, 291. Whipping, when the punish- ment for buying or selling arms and accoutrements of militiamen, iii, 81. — of vagrants, ii, 82, 83. — by British statutes relative manufactures, ii, 190, 192, IN IDEX, cxvii c. 193, 197, 198, 200, 202, iii, 260, 263, 267. Whitbread, Mr. his bill for re- forming the poor laws, ii, 18. Whitsunday, if a liferenter of lands survive Whitsunday, who gets the half year’s rent, if he die before Martinmas, ii, 401. Widow, if the marriage dis- solve within a year and a Aday, has she any claim to aliment, ii, 235. — of a peer marrying a com- moner, does she lose rank, ii, 240, 241. -- her share of the commu- nity, ii, 241, 242. Width of highways, ii, 486. Wife. See Family, Wives, Husband, &c. — does she share her hus- band's rank, ii, 231. — can she sue without her hus- band's consent, ii, 243. — can she bind herself per- sonally, ii, 243, 244. — can she in any case be a witness for or against her husband, i, 272. Wigton, its number of militia- men under 42 Geo. III, c. 91, iii, 61. — with what county does it compose a battalion of mili- tia, iii, 72. — its number of the local mi- litia under 52 Geo. III, c. 68, iii, 142. — its quota of supply 1696, c. i, App. i, No. 74. — under 38 Geo. III, c. 5, App. i, No. 80. Will, latter, exccuſed abroad, if good everywhere, i, 110. William III and the estates, correspondence between, ii, 3.18. — refused to take the coro- nation oath till the perse- cuting clause was explain- ed., ii, 324. Winders, how punished for embezzlements, ii, 192. Wine, anxiety of the Scottish legislature to prevent the mixing of, ii, 92. Winlassmen, are they liable in statute labour, ii, 497. Winter herding, ii, 526. Witness, ancient mode of au- thenticating deeds, i, 19, e. — ourself, when that royal me- thod of authentication came into use, i, 38, 89. — may he look at notes, i, 277. — may he explain his evidence, i, 278. — not appearing, what is the penalty under 47 Geo. III, c. 71, iii, 124. — one, when admissible, i, 279. — one, concerning the assize of bread, ii, 122. — in weights and measures, ii, 154. — in giving a servant a false character, ii, 162. — in offences against 42 Geo. III, c. 73, for regulating ma- nufactures, ii, 178. — in offences against 39 and 40 Geo. III, c. 106, combi- nation, ii, 183. — in case of embezzlement in cxviii INDEX, the silk manufacture, ii, 193, 197, 199. Witness, even though interest- ed, admitted by 14 Geo. III, c. 44, in the case of false reeling, ii, 206. — redemption of the land-tax, iii, 9. — in highways, ii, 493. - concerning planting, ii, 517, 520. — under 13 Geo. III, c. 54, game laws, ii, 554. Witnesses,whatprotection have they during their attendance on a court of record, i, 80. Wives. See Families, Wife. — and children of militiamen called out to actual service, allowance for, iii, 103. — and daughters, enjoined by the Scottish parliament to dress in courchies of their own making, ii, 4. — and daughters of citizens not in the magistracy, dress prescribed to, ii, 3. — of barones, and other puir gentlemen, touseshortcurch- es and littel hudes, ib. — of husbandmen to dress in courchies of their own mak- ing, ii, 4. Wood, ii, 512. — growing, what are com- prehended under, iii, 523. — obligation on tenants and cottars to preserve, ii, 522. Woodhouselee, Lord, See Fra- ser Tytler. Woodrow's account of Charles II taking out a lawburrows against his subjects, i, 409, Woollen manufacture, embez- zlement and fraud in, how punished, ii, 192, e, 197, f. — wages of clothiers, &c. re- gulations for paying in mo- ney, ii, 203. Women, statutory regulation of their dress, ii, 3. — though vagabonds, not to be whipped, ii, 83. — how punished in capital cases, i, 190, c. — why did our old law dis- allow them as witnesses, i, 267. — See Wife, and Wives. Woof. See Warp-yarn. Words, do they ever amount to treason, i, 359. — do they make an affray, i, 390, Work, setting prisoners to, ii, 268. Work-houses, regulated bysta- tute, ii, 178. Writing, when the procedure before the justices is in, i, 290, — regulations of friendly so- cieties, must be exhibited to the justices, at their ses- sions in writing, i, 53. Writs judicial. See Records. — public, i, 231. — private, ib. Wreck, what it is, ii, 388. — justices jurisdiction, there- in, ib, b. Y Yairs, ii, 584. Yarn, short reeling of, ii, 200. — and workmen thercin, iii, | 291. INDEX. cxix Yeoman. See Volunteers. Yeomanry, volunteer, when they transfer their services. into the local militia, iii, 143. York, Archbishop of, a con- servator of the peace within the bounds, i, 3. | Young trees, destroying or carrying off, ii, 526. Youth. See Evidence, Age, Minor, Pupillarity. Z Zairs, ii, 584. Zaleucus, his system of laws, º | ii, 308, a. T.R.RATA. Vol. III. Page 5, note a, for “ Appendix iii,’ read “ Appendix i.’ 18, margin, for action of damages,” read “process of * valuation.’ 52, line 8, for * $ 2, c. 6, read session 2.' . 298, line 2, for c. 57,’ read ‘ c. 47.’ Index, p. xvii, column 2, line 35, for ‘Almenor, lord, read xxiv, column 1, line 33, for “ App. iii, read “App. i.' * Alemour.” xxx, column 2, line 3, after “ App. iii,’ add ‘Nos. * 4 and 5.’ xcii, column 1, line 20, after “ App.’ add ‘i.’ xciii, column 2, line 32, after “ App. add ‘i.” UNIVERSITY OF MICHIGAN *****-*-- ~~~~~4:----. § . . . . 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