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and if he cannot shew that his chief means of support is other than gaming, they must take him bound for good behaviour for a twelve months under securities, and in default of these, they must commit him to jail ;' and if, while under caution for good behavior, he play or bet to the amount of L.l at one time, that shall be deemed a forfeiture of his bond 2

5. Gaming in Public Houses. Other laws against gaming, 5 among which is a prohibition against play in public houses, do not come within the cognizance of Justices; but it might be right to withhold a licence from any publican who tolerated gaming in his premises.

Several British Acts against gambling, although general in their terms, do not seem applicable to Scotland, as many of their important provisions could not be executed here.


In order to obviate risk from gunpowder, the Act 12 Geo. III. c. 61, (which repeals all previous enactments), lays down several regulations, as matters of police, respecting, Ist, the manufacture, 2d, custody, and, 3d, transport of this article.

1. Mills and Manufacture. 1st, No mill, or other establishment for the manufacture

9 Anne,

1 Act 9 Anne, c. 14, § 6.

2 Ibid. $ 7. 3 Such as that against fraudulently winning above L.30. c. 14, S 5.

4 In act 1621, c. 14.

5 9 Anne, c. 6. 10 Anne, c. 26. 8 Geo. I. c. 2. 12 Geo. II. c. 28. 13 Geo. II. c. 19. 18 Geo. 11. c. 34. 30 Geo. II. c. 24. 42 Geo. II. c. 19. See Hutch. ut sup. S 3, (ii. 35571.)


of gunpowder, may be erected without previous license from the General Quarter Sessions, to be applied for and obtained in a particular manner.'

And the preparation of powder in a manufactory must be conducted under certain regulations.?

But so little gunpowder is made in Scotland, that for those rules reference may be made to the Statute itself.

2. Keeping of Gunpowder. 2d, There may not be kept a larger quantity than 200 lbs. by any dealer, or than 50 lbs. by any other person ; unless in a mill or other place appointed under the statute, under penalty of forfeiting all the powder beyond the permitted quantity, all the barrels containing the former, and 2s. for every pound of powder so forfeited. 3

But, for the use of any mine or colliery, 300 lbs. may be kept in a magazine within 200 yards of the mine; yet being beyond the prohibited distance from any town, &c.%

3. Carriage of Gunpowder. 3d, Gunpowder may be transported by land or water in quantities not exceeding 100 lbs. weight, without attention to any rules.

No more than 25 barrels, containing each 100 lbs. at most, may be carried in any one carriage by land.6

And not more than 200 such barrels may be conveyed in any single vessel by water.?

Many minute provisions for due care on the part of the persons having a charge of the gunpowder are made, and

1 Act 12 Geo. III. c. 6!, 13, The whole of this statute applies to Great Britain, but the appeal from the decision of the Quarter Sessions can only be by writ of certiorari, to the Court of King's Bench, § 14. § 2-12. 3 Ibid. § 11.

4 S 12. 7 lbid.


5 § 22.

6 g 18.

fenced with penalties by the Statute, but for these the Act itself should be consulted.

4. Proceedings on Offences. Warrants to search for and detain gunpowder, made, kept, or conveyed in violation of the Act, may be granted by any one Justice of Peace on probable grounds alleged by one person on oath.1

Prosecutions for penalties and forfeitures must be instituted fourteen days after seizure or offence, as the case


may be.

And may be brought before any two Justices of Peace, who may convict and decern upon admission of the party, or on oath of a single witness.3

5. Penalties.

All penalties and forfeitures go half to the King and half to the informer. 4

Pecuniary penalties, with the expenses, are leviable by distress and sale on warrant of the Justices.5

And in default of means of payment, the Justices may send the offender to hard labor in the house of correction, for not less than three and not more than six months. 6


6. Exemption. But gunpowder belonging to the King, or destined for his Majesty's service, or for the use of the forces or militia, is not under the operation of this act.


1. Who are not Travelling Dealers. Any person may sell goods at legal public fairs or mar

112 Geo. III. c. 61, S 23. 5 Ibid.

4 Ibid.

2 S 27.


3 S 26.

* S 29. 5 $ 6.



kets,' and may vend “ fish, fruit, or victuals,” or “ printed

, papers, licensed by authority,” within twenty miles from his or her usual residence.2

Any manufacturer, or worker, may personally, or by his or her “ children, apprentices, or known agents or ser“ vants, usually residing” with him or her, sell his or her own works “ in any mart, market, or fair, and in any city 66 and market town.”3

But for any other travelling dealers, certain rules are laid down by Statute.

2. Hawkers need a License. He must take out an annual license (on 1st August) from the commissioners appointed to grant hawkers' licenses+ [these being the Lord Provost of Edinburgh, and the Sheriffs of Edinburgh, Haddington, and Linlithgow] under penalty of L.25.5

3. Sign of Hawker. After obtaining his license, he must have printed or marked “ in large legible Roman capitals, upon the most conspicuous part of every pack,” « cart,” &c. in which he carries his wares, and of the “ room or shop” where he trades, and on every handbill or notice he issues, “ the “ words “ LICENSED HAWKER, together with the number, " name, or other mark or marks” on his license, under penalty of L. 10 for each offence.6

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4. Signs not to be Used by Unlicensed Dealers. And any unlicensed person, bearing words to such effect in the above situation, forfeits L.10 for each offence.?

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1 Act 55 Geo. III. c. 71, § 15. $ 3.

2 $ 16. 6 S 7.


* S 8.

5. Hawker must Obey his License. Any licensed hawker, trading otherwise than permitted by his license, forfeits L.10 for every offence.


6. Hawker to shew his License to certain Persons. He must also, on demand of any person authorised to that effect by the Licensing Commissioners, and shewing him that authority, or of any Sheriff, Justice of Peace, Provost, Constable, or other Officer of the Peace in the place where he trades, or of any Officer of Excise or Customs, or of any person to whom he offers goods for sale, shew his license under penalty of L.10; and in case of non-payment he is to be committed as a vagrant.

7. License to be used by Holder only. The hiring or lending out of one's own license, or the trading with the license of another person, or with a license not in one's own name, infers a penalty of L.25.5



8. Hawker without License. A hawker having no license, or refusing to shew it, may be detained by any person till an officer can be got, to carry him before a magistrate. *

And any constable or peace officer neglecting or refusing to aid in executing this Act, forfeits L. 10.5

9. Time for Prosecuting. Penalties must be pursued for within three calendar months after the fact.6

10. Justice's Powers. A Justice of Peace may grant warrant for apprehending and bringing before him any alleged offender, and may commit him to jail till the hearing of the charge, unless

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