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But they may be almost' said to have fallen into desuetude.

2. Disturbance through Intoxication. In so far, however, as intoxication, in any particular instance, causes disturbance, or danger only, to the public peace, it may come properly under the cognizance of Justices, either for punishment of misconduct under its influence, or for the exaction of security to keep the peace.


When a challenge to fight a duel has been given, or where such a result is to be apprehended, it is the duty of Justices to lay the parties under security to keep the peace,

And where possible, to have them bound over by the Court of Justiciary, whose authority extends all over Scotland.


In order to secure proper treatment of persons emigrating to British colonies, or to foreign possessions, many statutory regulations have been made within the last thirty years."

They relate chiefly to the number of passengers to be taken on board vessels of certain tonnage-the quantity and quality of provisions to be shipped and allowed, &c.

Various penalties, for contravention of these acts, may be sued for before Justices of Peace.

1 The earliest is 43 Geo. III. c. 56.

But in such cases, Justices should properly refer to the statutes, which would, of course, be in the hands of the officers of the customs at the ports.


With regard to Excise and Customs, or the duties upon internal and external trade, it is impossible to do more than give a few general directions for the guidance of Justices, in turning their attention to the various enactments upon those subjects.

No abridgment of the Excise and Customs Acts ought to be implicitly relied upon.

The existing statutes, which will be found in the hands of the Officers of Excise and Customs, should be referred to by Justices in every case brought before them.

The points, in the several laws, to be particularly noticed by Justices, are the following:

1. Justices and Jurisdiction.

What Justices are disqualified.
How many Justices may act.

How far the jurisdiction of Justices is extended over sea, or otherwise beyond their proper counties.

2. What required of Dealers, fc. The notices to be given, or entries to be made, by the manufacturer, dealer, or importer, or the permits or other authorities to be got from the Officers of Excise or of Customs, for the making, moving, or landing of goods.

The steps to be taken by the above persons for enabling Officers to superintend their proceedings in the manufacture of glass, leather, paper, soap, spirits, &c. &c. and in the removal of wine, spirits, tea, &c. &c. and in the importation of goods.

3. Seizure of Goods. The persons authorised to seize goods. The manner in which seizures must be made.

How and in what cases search-warrants are to be applied for and granted.

4. Trial of Seizures. The manner in which seizures may be judged of, and seized goods declared to be forfeited.

5. Penalties. What penalties may be awarded by Justices, and how far these may be mitigated by them.

How such cases to be tried.
How the amount awarded to be recovered.

What imprisonment, &c. may be inflicted in default of payment.

When expenses may be allowed to either party.

6. Complaints of Overcharge. How far Justices may determine respecting alleged overcharges, by revenue officers, on complaint of parties.

7. Forcible Offences.

What forcible offences may be tried for by Justices.
What bail may be taken for offences.

What punishment may be inflicted by the Quarter Sessions or other Courts of Justices.

In what form convictions are to be drawn up, and whether to be returned to the Quarter Sessions.


8. Appeal. When appeal is competent.

What notice of appeal to be given, and what recognizance to be entered into by appellant.

How appeal to be conducted.


ALL Fairs and Markets which existed when the act for rectifying the kalendar passed (A. D. 1750),' and which were held on certain days of the month, are, by the act, appointed to take place “ on the same natural days," or “ eleven days later,”- i. e. eleven, including both days, or nine free days, i. e. exclusive of both old and new fair days.

It is of consequence that one or more Justices and peace officers should be present at all fairs and markets, as is a general practice throughout the country.



With regard to any fresh water Fishing, except that of salmon, there are no peculiar provisions.

Although minor fishings may, like salmon fishings, be made separate property from that of the adjacent lands, they rarely are so.



Act 24 Geo. II. c. 23. The new style came first into use in 1752. 2 24 Geo. II. c. 23, § 4.

3 See case of Carmichael v. Colquhoun, 20th Nov. 1787, and Hutch. iv. 13, § 1, (ii. 562.)

The person, in right of fishings, may prosecute as trespassers persons fishing without leave.

And the heritor of the banks may do the same to those who enter his grounds without permission, unless in so far as regards those who have a separate right of fishing.'


1. Close Time.

With regard to the close time, and to the penalties for fishing improperly, the latest act is the 9 Geo. IV. c. 39.

The prohibited time for taking any fish of the salmon kind, any where, (except in the Tweed and the Solway Firth, with their tributaries), is between the 14th September and the 1st February succeeding, under penalty of any sum from L.) to L.10, besides forfeiture of the fish, and the boat and fishing-tackle.4

During close time, the occupier of a fishing must remove, or secure from being used, his boats and tackle ; and on failure to do so after notice given, he shall forfeit, for each offence, from L.2 to L.10: it being competent for a proprietor of lands to keep, for the use of himself and family, any boats having his name painted thereon.s

2. Saturday's Slop. Saturday's slop, and the width of hecks or bars of cruives, as regulated by Act 1477, c. 73, to be observed, under penalty of from L.5 to L.20 for each offence.“

The old appointment for Saturday's slop is, that in all cruives the hecks be raised to the breadth of a Scots ell (three feet one inch), from six o'clock on Saturday even

1 Hutch. iv. 13, § 1, (ii. 562.) 5 g 1.

3 92. 4 $ 7.

2 9 Geo. IV. c. 39, § 14.

6 87.

5 § 8.

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