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tice of entering young plantations, and nursery grounds, and of carrying off, or destroying on the plants and shrubs, declares,

spot, the

young

That all and every person and persons who shall, in the night-time, lop, top, cut down, break, throw down, bark, burn, or otherwise spoil or destroy, or carry away any oak, beech, ash, elm, fir, chesnut, or asp, timber tree, or other tree or trees standing for timber, or likely to become timber, without the consent of the owner or owners thereof first had and obtained; or shall, in the night-time, pluck up, dig up, break, spoil, or destroy, or carry away any root, shrub, or plant, roots, shrubs, or plants, of the value of five shillings, and which shall be growing, standing, or being, in the garden-ground, nursery-ground, or other inclosed ground, of any person or persons whomsoever, shall be deemed and construed to be guilty of felony; and every such person or persons shall be subject and liable to the like pains and penalties as in cases of felony; and the court, by and before whom such person or persons shall be tried, shall, and hereby have authority to transport. such person or persons, for the space of seven years, to any of his Majesty's plantations in America, in like manner as other felons are directed to be transported by the laws and statutes of this realm: And all and every person and persons who shall be wilfully aiding, abetting, or assisting in such cutting down, breaking, throwing down, barking, burning, or otherwise spoiling or destroying, or carrying away, any such oak, beech, ash, elm, fir, chesnut, or asp, timber tree, or other tree or trees standing for timber, or likely to become timber, as aforesaid; or in such plucking up, digging up, cutting, breaking, spoiling, or destroying, or carrying away such root, shrub, or plant, roots, shrubs, or plants, as aforesaid, of the value aforesaid; or who shall buy or receive such root, shrub, or plant, roots, shrubs, or plants, of the value aforesaid, know

ing the same to be stolen, shall be subject and liable to the same punishment as if he, she, or they, had stolen the same; any law to the contrary in anywise notwithstanding. Erskine, IV. 4. 39.-Tait's Justice of Peace, p. 349. -Hutcheson's Justice of Peace, II. 498.-Bankton, IV. 41. 8.

DECISIONS.

Penman, 3. July 1739, Elchies, No. 3. voce "Planting," and Morr. p. 10481.-Earl of Peterborough, 15. June 1784, ib. 10497.-Earl of Cassillis, 28. Feb. 1809, F. C. Ord, 23. Feb. 1738, Elchies' Notes, p. 3. Morr. 10479. -Earl of Crawford, 21. July 1669, ib. 10475.-Chalmers, 29. July 1756, ib. 10485.—Riddell v. Marquis of Tweeddale, 5. Dec. 1769.--Seaton, 9. Jan. 1679, Stair.-Lockhart v. Sievwright, 20. Jan. 1758.-Ramsay v. Primrose, 10. Jan. 1702.-Grey v. Blairs, 17. Jan. 1782.-Hall v. Callender, 7. Dec. 1744.-Murison v. Drysdale, 14. July 1780.-Douglas and Forrest v. Inglis, &c. 21. Jan. 1777, Mor. App. No. 2. voce "Runridge."-Russell, &c. v. York-Buildings Co. 28. Jan. 1774.-Taylor v. Earl of Callendar and Shaw, 7. Dec. 1698.-Gray v. Wardrop, 14. Jan. 1777, Mor. App. No. 1. voce Runridge.—Bruce, 15. May 1792.-Dunbar v. Gordon, 28. July 1713, Forbes.—Govan v. Lang, 18. Feb. 1794.-Loch v. Tweedie, 3. July 1799.-Shaw and M'Kenzie v. Ewart, 2. March 1809.-Turnbull v. Coutts, 23. Feb. 1809.-Buchanan v. Malcolm, 3. March 1784.-Robertson, 24. July 1743.Cooper v. Campbell, 18. Jan. 1805.-Ferguson v. Macnidder, 24. July 1734.-Nasmyth v. Inhabitants of the Water of Leith, 17. Nov. 1719, Dict. II. 87.

POOR.

Under the denomination of poor are comprehended those who are really dependent on charity, in consequence of age or infirmity, and those who come under the description of vagrants, or idle and disorderly characters. There are a great many statutes applicable to both classes. With regard to the latter, however, it may now be said, that they are entirely obsolete. The frequency of the crime of sorning or masterful begging, at the date of the enactments passed for its suppression, called for a rigour that is no longer necessary. The dates of these acts against sorners are as follow: -1424, cap. 7, 25, & 42,—1425, cap. 66,—1427, cap. 103,-1449, cap. 22,-1455, cap. 45,-1457, cap. 79,-1477, cap. 77,-1503, cap. 70,—1535, cap. 22,-1584, cap. 16,-1597, cap. 268,-1609, cap. 13,—1661, cap. 42,—1663, cap. 16,—and part of the act 1672, cap. 18.

The legal provision for the poor in Scotland is fixed by the following statutes.

The act 1579, cap. 74, respects the " punishment "of strang and idle beggars, and relief of the

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pure and impotent." The first branch of it having gone into desuetude, it will not be necessary to quote it; but the second branch is in these terms:

It is therefore thocht expedient, statute and ordained, that the Lorde Chancellar, according to the direction of sindrie

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lovabill actes of Parliament heirtofoir maid, sall call for the erectiones of all hospitales, to be produced befoir him, and inquire and considder the present estaite thereof, reducing them, sa far as is possible, to the first institution, as may best serve for the helpe and reliefe of the saidis aged, impotent, and pure peopill: And als that the provests and baillies of ilk burgh and towne, and the justice constitute be the King's commission in every parochin to landwart, sall, betuixt and the first said day of Januar nixt-to-cum, take inquisition of all aged pure, impotent and decayed persones, borne within that parochin, or quhilkes war dwelling, and had their maist commoun resorte in the saide parochin the last seven zeires by-past, quhilkes of necessitie mon live bee almes: and upon the said inquisition, sall make ane register buike, conteining their names, and sur-names, to remaine with the provests and baillies within burgh, and with the justice in everie parochin to land-wart: And to the effect, that the number of the pure people of everie parochin may be knawin, statutis and ordainis, that all pure peopill, within fourtie dayes after the proclamation of this present act, at the mercat croce of Edinburgh, repayre to the parochin quhair they were borne, or had their maist commoun resorte or residence the last seven zeires by-past, and there settil themselves, under the paine to bee punished as vagaboundes and contravenars of this present proclamation: And the said space of fourtie dayes being by-past, that then, the provests and baillies within burrowes, and the judge constitute be the Kingis commission in ilk parochin to land-wart, make a catalogue of the names of the saidis pure people, inquire the men and wemen quhair they wer borne, quhidder they ar maryed or un-maried, quhen, and be quhom they war maried, and quhat bairnes they have, and quhair their bairnes wer baptized, and to quhat forme and trade of life they addresse themselves, and their saidis bairnes, gif they be diseased or haill, and abill in bodie, and quhat they get commounly on the daye

be their begging: And sik as necessairlie mon be susteined be almes, to see quhat they may be maid content of their awin consentis, to accept daylie to live unbeggand, and to provide quhair their remaining sall be, be them-selves, or in hous with others, with advice of the parochiners, quhair the saidis pure peopill may be best ludged and abyde: And thereupon, according to the number, to consider quhat their neidefull sustentation will extende to everie oulk; and then, be the gude discretions of the saidis provests, baillies, and judges in the parochinis to land-wart, and sik as they sall call to them to that effect, to taxe and stent the haill inhabitantes within the parochin, according to the estimation of their substance, without exception of persones, to sik ouklie charge and contribution as sall be thocht expedient and sufficient to susteine the saidis pure peopill; and the names of the inhabitants stented, togidder with their taxation, to bee likewise registrate: And that at their discretion, they appoynt overseers and collectours in everie burgh, toun and paroche, for the haill zeir, for collecting and receiving of the said ouklie portion, quhilkes sall receive the same, and deliver sa-meikle thereof to the saidis pure peopill, and in sik maner as the saidis provest and baillies within burgh, and judges. in the parochin to land-warte, respectivè, sall ordaine and command; and that overseeres of the saidis pure peopill be appoynted be their discretions, to continue also for a zeir: And at the end of the zeir, that the taxation and stent roll be alwayes maid of new, for the alteration that may be throw death, or be incres or diminution of mennes guddes and substance: And that the provests and baillies in burrowes or tounes, and the saidis judges in the parochinnes to landwart, sall give an testimoniall to sik pure folk as they finde not borne in their awin parochin, or making residence therein the last seven zeires, sending or directing them to the nixt parochin, and sa fra parochin to parochin, quhill they be at the place quhair they were borne, or had their

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