nority, if challenged within four years after majority. If a § 2. minor, having curators, act without their advice, the deed is null. MINOR non tenetur placitare fuper hereditate paterna; that is, to appear as defender in any procefs whereby his heritable property, derived from the father, may be evicted. A MINOR'S person may be laid hold of for civil debts due by him. If he has tutors or curators, he cannot fue or be fued without them. Minors committing delicts or other offences are punishable. MINORS. $3. INTER DICTED III. INTERDICTION is a legal restraint laid on facile and extravagant perfons, from figning any deed to their own prejudice without the confent of their interdictors. Though PERSONS. interdictions be voluntary, they cannot be recalled by the party at his pleasure. R 3 CHAP. XI. I. WATCHING I. A Of Watching and Warding. POLICE magistracy would be of little avail with out the power and the means of coercion. The WARDING. mode of exercising fuch power has already come under our AND § 2. WHO ARE view when confidering preventive, remedial, and punishing, justice. Here it is meant to take notice, in general, of the legal provifions for having places of confinement, and of other general regulations refpecting imprisonment. II. "BUROUGHS having great freedoms and privileges "from the king, are therefore obliged to have fufficient "prifons for receiving fuch as are attached for crimes and "debts." This burden naturally arofe from the ancient fervice of watching and warding, the price of their privileges and immunities. It is further enforced by positive sta a Sir George McKenzie's Obfer- et ejus territorium (nos libertater vations, p. 302. burgi dicimus.) Craig, Lib. i. Dieg. 10, § 31. And the 86th chapter of the Leges Burgorum relates entirely b Servitia autem burgorum hæc funt; vigilia, cuftediæ intra burgum tute. The general ftatute impofed no new burden upon burghs, when it ordained that "all magiftrates of burghs, and "keepers of any gaols or prifons, fhall receive into their "prifons all fuch perfons as either shall be brought by con" ftables, or fent unto them by warrants under the hand of "any one justice of peace, the said justices causing satisfie "for their entertainment"." 62. WHO ARE LIABLE. barony. BOROUGHS of barony are not bound to have prifons; "but Boroughs of "the baillies of the head burghs of stewartries were thought "to be obliged by this act of parliament to receive pri"foners." And a borough of barony, having a sufficient to watching within burgh, as follows: of the laws, alfweill criminal as civil, efcapis unpunished, and jus "tice contemned ;" and ordained, "that within the space of three zeires, in all burghs within this "realm, there be fufficient and fure jailles and warde houses bigged, uphalden and mainteined by the "faid provost, baillies, councell, and "communities of the faid burghs, "upon their awin common gude, imprisoning, warding, keeping, and e McKenzie, ibid. Sir George refers to the cafe Cheap against Baillies of Falkland, June 18, 1670. But lord Stair, who reports the cafe, obferves, "The lords did not " determine that point"..... They "found, that feeing the defenders "did receive the rebel upon the § 2. WHO ARE gaol, is bound, at its own expence, to maintain prisoners in it for crimes committed within the borough; but it is entitled to relief from the rogue-money, for the maintenance of perfons confined for crimes committed in the other parts of the county f. § 3. III. THE ftatute exprefsly fays, that the prifoners are MAINTEN- to be kept upon "their awin expences." But in general PRISONERS. they are unable to maintain themselves: wherefore, in the ANCE OF cafe of perfons criminally convicted, the ftatute ordains "commiflioners and juftices, at their quarter feffions, to "rate every paroch for a weekly proportion, for the enter "tainment of those poor prisoners, providing they do not exceed the fum of five fhillings Scots money at the most, "nor under one fhilling at the leaft; which fum fhall be "uplifted for that ufe by the minifter or reader, who shall ferve at every paroch, from fuch deacons who shall be "appointed to collect the fame, and the faid fums to be "delivered by the conftable of the paroch at the quarter "feffions, in prefence of the whole bench then convened, "to fuch persons as the faid juftices fhall trust therewith, "and who accordingly fhall make due account in paying "the gaolers fuch rates as fhall be allowed for the poor "prifoners, and making the reft forthcoming for fuch use and "intent of the like nature, as the faid juftices fhall appoints." THIS branch of police was afterwards regulated by a clause * 、3. II Geo. I, C. -ROGUE MONEY. of the general ftatute of Geo. I, for fecuring the peace of the country, empowering the freeholders to levy an affeffment, c 25, § 12. which is commonly called the rogue-money fund. These provisions do not extend to debtors, who must be maintained, either on their own funds, or at the expence of the perfon by whom they are imprisoned b. $ 4. PRECAU- THEM IN IV. THE juftices of peace are particularly enjoined to "take notice, in all fheriffdoms, where there are any gaols "and prifon houses within any burgh, that the fame may "be kept up, and not fuffered to decay or become ruinous; CONDITION "and if there be any fhire where there is not any gaol or prison house, they fhall inform his majesty's council there" of, that they may appoint and give order for building of "one within the head burgh of the fhire; and, according "to the directions to be given thereanent, the juftices fhall "be holden to proceed." M II Geo. I, c. 25, § 12. " And "fuch monies fo, from time to time, whereas, for want of a fufficient "fund for defraying the charges of apprehending criminals in North "to be affeffed, fhall be collected, "received, and accounted for, by "fuch perfon and perfons and in Britain, and of fubfifting them "fuch manner as fuch freeholders "when apprehended, until profecu- " fhall from time to time appoint, tion, and of carrying on the necef- " and shall be applied for defraying fary profecutions against them, it "the charges of apprehending of * often happens that criminals there- “criminals, and of subsisting of them "by efcape the punishment due to "in prifon until profecution, and of their offences; for preventing of "profecuting fuch criminals for their "which inconvenience for the fu- "feveral offences by due course of be it enacted, by the author- "law, and to and for no other ufe ity aforefaid, that it fhall and may "or purpose whatsoever." "be lawful to and for the free"holders of every fhire, county or “ diftrict in North Britain, to affefs "the feveral fhires or ftewartries, “where their eftates lie, at their meetings, at any of the head courts, "yearly, in fuch fums as they fhall judge reafonable and fufficient for "the purposes aforefaid; and that ture, b It is not by this meant, that either debtor or creditor is chargeable with any dues for lodging or room rent in prifon; unless it shall be thought proper, at the prifoner's defire, to accommodate him with a better apartment than the common rooms for debtors. |