aforefaid cafes, fhall, for every bird fo taken, killed, destroyed, carried, fold, bought, found in their poffeffion, or used, forfeit and pay the fum of 51. fterling.' Notwithstanding whereof, true it is and of verity, that the faid C. defender, has, within these three months past, and particularly when the ground was covered with fnow, contravened the afore-. faid laws and acts of parliament, in all, or one or other of the cases therein mentioned. All or any part whereof being proven, the faid defender ought to be fined, in terms of the faid laws and acts of parliament, conform to the several transgressions there against, and the fines levied applied in terms of faid acts. Herefore, &c."

No. LXII.

Interlocutor.

"THE juftices having confidered the complaint, and the defender's judicial declaration thereon, find the complaint thereby proven, in fo far as, &c.; therefore, fine and amerciate the defender in the fum of fterling; and grant warrant to the constables of court, and other executors of the law, to levy from the faid C. the faid fum of fterling, and that by diftrefs and fale of his readieft goods and chattels, (rendering to him the overplus, if any be), and to be applied as directed by the acts of parliament libelled on; and, for that end, to make houses, locks, and gates, open and patent, and to use his majesty's keys for that effect."

"UPON the

No. LXIII.
Execution.

day of

years, I C. D. conftable,

day

by virtue of the juftices of the peace for the county of A. their warrant to levy, by distress and fale, dated the of the faid month of and year forefaid, proceeding upon a complaint preferred to them at the inftance of B. procurator fifcal of court, for the public intereft, against C.

refiding in A. paffed, with the witneffes after named, to the dwelling house of the faid C. and did ask and demand of the faid C. payment of the fum of fterling money, as the penalty forfeited by him for contravention of the acts of parliament anent the game, &c. more fully narrated in the faid warrant, which demand he obftinately refufed to comply with; therefore I, by virtue of the faid warrant, did then and there, after my crying three several oyeses, making open proclamation, and public reading thereof, in his majesty's name and authority, and in name and authority of the faid justices, apprehend and poind

pertaining and belonging to the faid C. in payment, pro tanto, of the fum contained in the said warrant: Thereafter, I made three feveral offers back of the faid goods to the faid C. or to any other perfon or perfons who would compear in his name, and for his behoof, and pay the faid penalty contained in the faid warrant, who fhould have the fame returned; but none compearing for that effect, I car ried off the fame, to be disposed of in terms of the said warrant, and applied as directed in the faid acts of parliament. This I did after the form and tenor of the said warrant in all points. And I delivered to the faid C. his fervant, within his dwelling house, a juft written fchedule, or note, figned by me, of what I had fo done; and which schedule or note did mention, that, if he did not immediately relieve the faid goods, by payment of the said penalty, the fame would be rouped and fold for payment thereof; and which schedule contained the date hereof, and the date of the faid warrant, and the witneffes names who were present thereat, viz. E. and F. both indwellers in A."

No. LXIV.

Petition against one Shooting without a Licence.

"Unto the Honourable the Juftices of Peace of the

or any one of them,

"The Petition and Complaint of

Stamp Duties for Scotland:

"Humbly fheweth,

Solicitor of

"THAT, by the ftatute 25th of his prefent majefty, c. I,

certain ftamp duties are laid on certificates to be annually iffued to persons in Great Britain ufing any dog, gun, net, or other engine for the taking or deftruction of game; and it is thereby enacted, that, from and after the first day of July 1785, if any perfon or perfons fhall use any greyhound, hound, pointer, setting dog, fspaniel, or other dog; or any gun, net, or other engine for the taking or destruction of any hare, pheasant, partridge, heathfowl, commonly called black game, or groufe, commonly called red game, or any other game whatsoever, without having obtained fuch certificate in fuch manner as is directed by the faid ftatute, every fuch person or perfons shall forfeit and pay the fum of 201 to be recovered and applied as therein mentioned.

"And it is thereby further enacted, That no certificate obtained under any deputation or appointment of a gamekeeper, fhall be pleaded or given in evidence in any cafe whatsoever, where the perfon having fuch certificate fhall have used, or fhall ufe any greyhound, hound, pointer, setting dog, fpaniel, or other dog; or any gun, net, or other engine for the taking or destruction of game, out of or beyond the precincts or limits of the manor or lands, for or in refpect of which fuch deputation or appointment was given and made.'

"By another statute, paffed in the 31ft year of his prefent majefty's reign, c. 21, certain additional duties are laid upon certificates of the defcription before mentioned, from and after the ift day of July 1791; and all provisions and penalties established by the previous ftatutes therein referred to, or any other ftatutes relating to the duties on vellum, parchment, and paper, and not thereby altered, are declared to be in full force and effect, in relation to the said additional duty.

"By another act, paffed in the 44th year of the reign of his prefent majefty, c. 98, the former duties ceafed and determined from and after the 10th day of October 1804, excepting as to certificates then in force, or as to the recovery of any arrears of the said duties remaining unpaid, or as to any penalties or forfeitures incurred at any time before or on the faid 10th day of October; which laft-mentioned statute introduces the following duties on game certificates in lieu of thofe repealed, viz. an annual duty of 31. 35. on every 'certificate to be taken out by every perfon who fhall use

any dog, gun, net, or other engine for the taking or deftruction of game:' And an annual duty of 11. 1s. on every ⚫ certificate iffued to or taken out by any person, under any deputation or appointment of gamekeeper (being a menial fervant.) And by this ftatute, all provifions, penalties, matters, and things, in former acts, (unless where expressly altered by this act), are declared to extend to the said new duties, commencing on the 11th October 1804.

"And by the laft-mentioned statute, it is enacted, That, from and after the 10th October 1804, no actions for fines, penalties, or forfeitures, fhall be commenced, but in name of his majesty's advocate, the folicitor, or fome other officer of the ftamp duties: And that, from and after the paffing of faid act, (28th July 1804), all fines, penalties, and forfeitures, heretofore imposed or granted by any act or acts relating to the duties on vellum, parchment, or paper, or this act, fhall go and be applied to the use of his majesty, his heirs and fucceffors, any thing in any act or acts to the contrary notwithstanding.'

"That

has contravened the ftatutes before referred to, in fo far as he has, within the space of fix months last past, used a greyhound, hound, pointer, setting dog, spaniel, or other dog; or a gun, net, or other engine for the taking or deftruction of game, without having obtained fuch stamped certificate as the law requires, whereby he has forfeited the fum of 201. fterling; and this application is made for recovery of the fame.

"May it therefore please your honours to grant warrant for ferving this complaint on the faid

and to appoint him to appear before you at fuch time and place as you fhall direct; as also to grant warrant for fummoning witneffes at the time and place fo fixed; and, upon the appearance of the party accused, or in default of his appearance, to proceed to hear and determine the matter in a fummary way; and, upon due proof being made thereof, either by the voluntary confeffion of the party, or by the oath of one or more credible witneffes, to give judgment or fentence against the offender for payment of the faid penalty to the complainer or his fucceffors in office, for behoof of his majefty, his heirs and fucceffors, to be

levied from the goods of the offender, and fale to be made thereof, in cafe they fhall not be redeemed within fix days, rendering to the party the overplus, if any; and where fufficient goods of the offender cannot be found to answer the penalty, and the fame fhall remain unpaid, to commit the offender to the common gaol, or house of correction, there to remain for the space of three calendar months, unless such penalty shall be sooner paid and fatisfied, and no longer.

According to juftice, &c."

No. LXV.

Summons founded upon the Statute touching Mutual Inclofures.

"UNTO the honourable his majefty's juftices of peace for the county of A, complains B. upon C. That where, by the act Cha. II, parl. 1, feff. 1, c. 41, it is ftatute and ordained, that, where inclofures fall to be upon the border of any perfon's inheritance, the next adjacent heritor fhall be at equal pains and charges in building, ditching, and planting, that dike which parteth their inheritance; and true it is, that the complainer is proprietor of the lands of D. lying in the parifh of E. and county of A. which, formerly, to the west, were uninclosed, and which the complainer lately inclosed with a stone dike, which, before inclofing, he acquainted the defender C. proprietor of the lands lying immediately to the eaft thereof, and required him to concur in building the faid dike, which he having poftponed, the complainer was obliged to cause build the faid dike or inclosure himself, which, as per accompt produced, amounts to the fum of ling money, for the one half of which, being the defender C. is liable, in terms of the aforefaid act of parliament; and the more fo, as he has taken the benefit of faid dike, by making it part of his own inclofures; which fum the defender refuses to pay, unless compelled: Therefore, the faid C. defender, ought and fhould be decerned and ordained to make payment to the complainer of the aforefaid fum of fterling money, together with a fifth part more of expence of plea. Herefore," &c.

fterfterling,