Fraud, etc., 463 Melvin, Alexander v., Glasgow, Sept. 28, 1866, More, Thomas, and Christina Coupar, Dundee, April 6, 1865, Newlands v. Stewart, Glasgow, May 3, 1866, Patrick, John, and others,' Aberdeen, Sept. 21, 1866, Richardson, George, and Samuel Davidson, Dundee, Sept. 13, 1866, Theft, etc., Suspension, 415 Advocation, 559 Suspension, 433 Appeal, 224 (Forgery and uttering a forged Bill of Exchange, 456 Murder, 88 251 296 Soky v. Wilcox, High Court, June 2, 1862, Assault, Appeal, Suspension, 354 Fire-Raising, 488 Suspension, 343 Sheap-Stealing, 81 226 Suspension, 192 Lewd and Indecent Prac tices, 305 86 346 NOTE. IN bringing to a close the Volumes which bear his name, the present Reporter would repeat his acknowledgements to the Members of the Court and the Profession generally, for the interest they have uniformly taken in the work, and for the help they have given during its progress. The Reports of Cases from page 363 to the end of Volume V. have been contributed by Mr. CHARLES TENNANT COUPER, Advocate, under whose able editorship the Series will henceforth be continued. A. F. I. EDINBURGH, 44 HERIOT Row, Dec. 1868. REPORTS, &c. HIGH COURT. Present, THE LORD JUSTICE-CLERK, LORDS COWAN, DEAS, ARDMILLAN, AND JERVISWOODE, ROBERT THOMSON, Appellant-D. Mackenzie-J. C. Thomson. Jan. 3. 1865. AGAINST ROBERT ROMANES, Respondent-Millar. APPEAL STATUTES 13TH GEO. III. c. 54; 1ST AND 2D WILL. IV. c. 32; 23D AND 24TH VICT. c. 90-GAME-CARRIER.-A public carrier was charged with having game in his possession, in contravention of the Act 13th Geo. III. c. 54. He pleaded in defence, that the game in question was the property of a licensed dealer, and that by section 18th of the Act 1st and 2d Will. IV. c. 32, (extended to Scotland by the Act 23d and 24th Vict. c. 90), such dealer was entitled to carry game, or to authorise others to carry it for him from any part of the country to his licensed stall or shop. Appeal dismissed. No. 1. v. Romanes. High Court. On the 5th February 1864, the respondent as Procu- Thomson rator Fiscal of Court presented to the Justices of the Peace of the County of Berwick a petition and complaint, charging the appellant, Robert Thomson, a VOL. V. A Jan. 3. 1865. Appeal. No. 1. carrier at Pathhead, in the county of Edinburgh, with Romanes. contravention of the Act 13th Geo III. c. 54.' Thomson v. High Court, Jan. 3. 1865. IN SO FAR AS, upon Wednesday, the 30th day of December, in the year 1864, or about that time, he the said Robert Thomson, he not Appeal. being qualified to kill game in Scotland, had in his custody, or carried without the leave or order of a person qualified to kill game in Scotland, one or more hares, and that on the turnpike road leading from Carfrae Mill to the High Cross, and near to the Bridge over the East Waters in the parish of Lauder, and county of Berwick, and such is a first offence. THOMSON in defence stated, that the game found in 'his possession as charged in the petition and complaint, belonged to, and was the property of Mr. Charles Muirhead, of No. 79 Queen Street, Edinburgh, a licensed 'dealer in game, and that by the 18th sect. of 1st and 2d 'William IV. cap. 32, said licensed dealer was entitled to carry game or to authorize others to carry game for ' him from any part of the country to his licensed stall or shop. The appellant therefore pleaded, that he was 'entitled to have in his possession the game referred to in the complaint as a public carrier, and that as the 'complaint did not allege a contravention of said last ' mentioned Act 1st and 2d William IV. cap. 32, the complaint was irrelevant and unfounded, and ought to be ' dismissed.' 6 A proof before answer having been allowed, the Justices on the 15th April sustained the relevancy of 1 Section III. of the Statute 13th Geo. III. c. 54, enacts, inter alia, That every person whatsoever not qualified to kill game in Scotland, who shall have in his or her custody or carry at any time of the year on any pretence whatsoever, any hares, partridges, pheasants, muirfowl, tarmargans, heath-fowl, snipes, or quails, without the 'leave or order of a person qualified to kill game in Scotland for carrying such hares or other game, or for having the same in his or her custody, shall for the first offence forfeit and pay the sum of twenty shillings sterling, and in case of not paying the sum decreed within the space of ten days after conviction by a final judgment 'shall suffer imprisonment for six weeks for the first offence.' The complaint also narrated Sections 8th, 9th, and 10th of the Act. No. 1. Thomson v. the complaint, convicted Thomson of the offence charged, and adjudged him to pay a fine of twenty shillings, Romanes. with ten days' imprisonment in default of payment. Thomson appealed on the ground that the defence stated by him ought to have been sustained. The appeal was heard at the Circuit Court at Jedburgh in September, and was then certified to the High Court. Notes of the evidence taken before the Justices were printed along with the petition and appeal., 1 COMPLAINER'S PROOF. WILLIAM BROWN, police-constable, Lauder -On Wednesday the 30th day of December last, about nine o'clock in the morning, I was on duty on the turnpike road leading between the High Cross and Carfrae Mill, and when near to the bridge across the East Waters, I met Robert Thomson, the accused, driving a cart. I was accompanied by Peter Scott, gamekeeper, Thirlestane Castle. I told Thomson to stop his cart, as I wished to search it, to see if he had any game, and he replied that I might do so. I then searched the cart and found a box, and asked Thomson what it contained, and he said he did not know. I then asked him where he got the box, and he replied he got it coming along the road last night, he also said he did not know the party he got it from. I asked him to open it, and he said he had not the key. I then asked him if he had not a gun concealed in the box, and he said no. I then told him to go down off the cart, as I wished to search his pockets. I then saw him put his hand to one pocket, and thereafter carry it to another pocket inside his coat. I then searched this pocket inside the coat, and found some strings and a small key. Thomson said this was the key of his corn chest at home. I then asked him to open the box, and he refused, and said I might do so myself. I then opened the box with the key, and found therein two hares. Thomson did not give me any explanation about the hares, but said the box was addressed to Mr. Muirhead. Cross-examined.-I examined several of the defender's pockets, including the waistcoat and breeches' pocket. I did so to see if he had percussion caps. I also took out his purse which was tied by string. I undid the string and opened the purse, and found nothing but money. I returned him the purse and his money. Interrogated, by whose ' authority did you make the minute search which you have described.' Depones, by the authority of Mr. List, chief-constable, whose instructions to me were to search the carts, and also the persons of cadgers and carriers, with a view to discover any contravention of the game laws. I asked the defender's age. My sole companion was the Thirle High Court. Jan. 3. 1865. Appeal. |