$9.

REVIEW

SUPREMI

COURTS.

the duties on malt and hides, the justices are directed to rehear the truth and merits of the facts in question, and to reexamine the witneffes, and thereupon finally determine; and if any defect of form fhall be found in the proceedings be fore the particular justices, such defect is to be rectified by the quarter feffions'.

THERE is this difference between a certiorari (and of course advocation, fufpenfion, and reduction) and an appeal; the latter does not lie unless exprefsly given, because it is not a common law right; the former must be taken away by exprefs words, because it is a common law right. In every cafe, therefore, the judgment of the juftices and of the feffions are reviewable by advocation, fufpenfion, reduc tion, unless the contrary be exprefsly declared.

BUT, in excife queftions, the general rule is, that the judgments of the juftices are not reviewable, if the proceedings have been regular, and conducted in manner required by law; the ftatutes which gave them that jurisdic tion declaring it to be final",

16 Geo. I, c. 21, § 10.

25th Jan. 1710, Mr. John Paterfon, collector of excife, within the fhire of Perth, against fir James Ramfay of Banff, and others. Forbes. A bond was granted for 70l. fterling, contained in two decreets obtained by the collector of excife before the juftices, for refusing access to a guager to fearch his cellar and ftorehoufe; and a fuspension and reduction there.

of, and of the said decree, was brought upon nullities and informalities, the court of feffion" confidering that the fentences of justices of peace in matters of excife are by ftatute final, and not fubject to the review of any other judicature, declined to judge whether the decreets were for mal or not; but found the letters orderly proceeded, except as to the po nalty, which they fufpended.

FINIS.

APPENDIX II.

No. I.

Nomination of Clerk, Fiscal, and Constablea.

Na juftice of peace court for the district of
lying within the county of

held at

upon

the day of years. Prefent, A. B. and C. D. The court nominate and appoint D. E. to be clerk” (or fifcal, as the cafe may be) "to the meeting of juftices for the said district, who accordingly accepted of the faid office, and gave his oath de fideli administratione.

A. B. J. P.

C. D. J. P.

No. II.

D. E. Clerk, or Fifcal."

Ditto by an original or adjourned Meeting of the Quarter

day of

in an adjourned meet

ing of the quarter feflion for the county of

Prefent, (here infert the juftices)

The crown appoints the princi- juftices appoint their own clerk for

pal clerk, who appoints the diftrict the time. See Vol. i, p. 41.

clerks, and failing his doing fo, the

The court nominate and appoint

to be conftable

(or conftables) in the faid county, who having accordingly accepted, were duly qualified in terms of law."

No. III.

Oath whish fhould regularly be administered to Conftables.

"I Do fwear, that I fhall faithfully and truly discharge the office of conftabulary within the parish of enduring the time appointed to me; and fhall not for favour or refpect, or fear of any man, forbear to do what becometh me in the faid office; and above all things, I fhall regard the keeping and preferving of the king's majefty's peace, and shall at every quarter feffion and meeting of justices, give true and due information of any breach which hath been made of his majesty's peace, within the bounds of my commandment, and fhall noway hide, cover, nor conceal the fame, nor any of the proofs and evidences which I can give for the clearing and proving thereof." So help me GOD.

No. IV.

Intimation to the Perfons named to attend the Court.

day of

"AND in order that the faid conftables may fignify their acceptance, and qualify in terms of law, ordain the faid perfons to attend the next meeting of quarter feffion at this place, the to which day the quarter Telfion is hereby adjourned, and grant warrant" [to any perfon to be named, who may be of the conftables already quali fied] "to intimate the fame to them, and require their attendance accordingly, as they fhall be anfwerable."

No. V.

A Citation thereon.

"IN virtue of a warrant of the adjourned meeting of the quarter feffion of the county of held at

day of

years, I

the conftable, intimate to you, that you are named one of the conftables for the parish of and warn and charge you to attend an adjourned meeting of the quarter feffion at

upon the

day of

next, in order you may fignify your acceptance of faid office, and qualify accordingly. This I do upon this

years, with certification.

(Signed)

No. VI.

day of

Conftable "

Certification to the Quarter Seffions, of the Non attendance of the Perfons named.

"THE Court certifies, that A. B. and C. D. were regularly appointed conftables, and cited by an officer of court to attend here this day in order to qualify themselves; notwithstanding whereof, they have failed to attend, and therefore this court refers the matter to the general quarter felfion of the county, that the faid perfons may be proceeded against in terms of law."

No. VII.

Form of Procedure in the ordinary Juftice of Peace Courts.

Complaint.

"COMPLAINS A. B. against C. D. for beating and bruifing him," (or as the cafe may be), " upon the

A conftable finds caution for his good behaviour.

day of

The forms relating to courts held under the fmall debt act are given be low.

or upon one or other of the days of that month, and prays redress from the justices of peace of the diftrict of to be held at the day of ⚫for the fum of in name of damages, to be payable to me the faid A. B. and to be imprisoned till payment thereof, and of in name of expences.

the fum of

A. B."

The fifcal's concurrence, however, is always adhibited, the complaint being in name of the private party, with concur. rence of A. B. procurator fifcal of court for the public intereft; and the conclufion for payment of a fine, befides da mages; or separately, as under:

No. VIII.

Ditto, at the Inftance of the Procurator Fifcal.

"COMPLAINS A. B. procurator fifcal of the juftice of peace court for the diftrict of for the public intereft, against C. D. for beating and bruifing E. F. &c." (as in the cafe above), and it fhould conclude "for a fine of the fum of to be inflicted on the faid C. D. to be payable to me for the pubiic intereft, and to be imprisoned till payment thereof, and of the fum of of expences; and to be further punished, in terror to others from committing the like in time coming."

No. IX.
Claim.

"CLAIMS A. againft B. the fum of

due to the claimant from the term of

of

being wages

to the term

both last past, and craves decreet of the justices

of peace for the diftrict of

at a meeting to be held by

them at

the fum of

the

day of

next to come, with

in name of expences."