of his late Majesty King George the Second, intituled, An act for taking away the tenure of ward holding in Scotland, and for converting the same into blanch and feu holdings, &c.

“XIII. And whereas it may happen that a mill, and some "of the lands thirled to it, may be within different counties or "stewartries,” be it enacted, That in such case the application shall be made to the sheriff or stewart of the county or stewartry in which the mill is situated, before whom the parties concerned, who live without his jurisdiction, may be cited, by virtue of letters of supplement in common form.

XIV. Provided always, and it is hereby expressly enacted and declared, That nothing herein before contained shall apply to the case, where a permanent annual payment, either in money or grain, is already fixed or established under the name of dry multure in lieu of the servitude of thirlage; but reserving nevertheless to either party, as well the proprietor of the dominant as of the servient tenement, to apply in manner herein before directed, for commuting or compensating, by such fixed annual payments as herein before mentioned, all mill services and other prestations and restrictions, if any such are exigible, over and above the sum of money or grain payable in name of dry multure as aforesaid.

Erskine, II. 9. 38, Note to last edition.

DECISIONS.

Coltart, 13. Dec. 1767, Mor. 16068, affirmed 28. Jan. 1774. -Duke of Roxburgh, 21. July 1785, ib. 16070.-- Ballardie, 8. Feb. 1781, ib. 16063.-Bakers of Dundee, 23. May 1804, ib. 16076.

TRANSPORTATION.

By an English statute, 4. of Geo. I. cap. 11, provision was made, inter alia, for the more effectual transportation of felons. And a statute was afterwards passed, 6. of Geo. III. cap. 32, to extend these provisions to Scotland.

The first of these statutes has been expressly repealed by the act 5. of Geo. IV. cap. 84; from which it may be concluded, that the other relative enactment is also repealed; the more especially, as the statute 5. of Geo. IV. is a general consolidating act, intended to supersede all prior regulations.

The following statutes either specially declare that they were temporary, or have been repealed:-43. of Geo. III. cap. 15, " to facilitate and render more easy "the transportation of offenders :"-56. of Geo. III. cap. 27, "to amend several laws relative to the trans"portation of offenders:" this statute expired on 1st May 1821-1. and 2. of Geo. IV. cap. 6, "to "continue for two years from the passing of the act, "to the end of the then next session of Parliament, "the several acts for the transportation of offenders "from Great Britain."

It seems sufficient to give an outline from the rubric of the statute 5. of Geo. IV. cap. 84.

II. Offenders adjudged for transportation to be transported under this act. Power for subsequent court, &c. to allow

conditional pardon in cases where his Majesty extends mercy to the offender.

III. His Majesty, may appoint places of transportation. Secretary of State to authorise persons to make contracts for transportation.

IV. Sheriffs or gaolers, on receiving orders for removal of offenders for transportation, to deliver them over to the contractor, if free from distemper.

V. Persons undertaking to transport offenders to give proper security.

VI. For punishment of transports misbehaving on the

voyage.

VII. Secretary of State may give the custody of offenders transported in King's ships without security.

VIII. Governor of the colony, &c. to have property in the service of the offender.

IX. King's prerogative of mercy reserved.

X. His Majesty to appoint places of confinement in England and Wales.

XI. Appointment and duty of superintendent of places of confinement, &c. who is required to report at least twice every year to one of his Majesty's Principal Secretaries of State, to be laid before Parliament.

XII. Regulations for clothing offenders, &c.

XIII. His Majesty in council may direct convicts to be employed in any part of his dominions out of England, under the management of a superintendent and overseer.

XIV. Superintendent to make returns of prisoners, on 1st January, April, July, and October, yearly, to Secretary of State.

XV. Power and duty of superintendent and overseers. XVI. Superintendent empowered to act as a justice of the peace.

XVII. Convicts adjudged by courts out of the united kingdom to transportation, and convicts pardoned on con

dition of transportation, may, when brought to England, be imprisoned and transported.

XVIII. Convicts may be kept to hard labour, and may be removed to house of correction.

XIX. Time of imprisonment deemed part of the term. XX. Offenders may be carried through any county to the seaport.

XXI. Expenses of removal to be paid by the county where the conviction took place.

XXII. Offenders found at large before expiry of sentence shall be punished with death.

XXIII. XXIV. & XXV. Form of indictment against offenders found at large, or against persons rescuing prisoners, &c.

XXVI. Protection of transported felons in the enjoyment of property acquired after conviction.

Hume's Comm. I. 351.

TREASON.

A natural consequence of the union between England and this country was, that the same laws for the protection of the Sovereign and the State should extend to all parts of the united kingdom. Before the Union, the treason laws of Scotland, especially in regard to the mode of conducting trials, were very different from those of England; but it is of course unnecessary to point out the peculiarities of each.

Article XVIII. of the Treaty of Union, declares, "that the laws which concern public right, policy and "civil government, may be made the same throughout

"the whole united kingdom." And the statute 7. of Queen Anne, cap. 21, declares, "that such crimes and "offences which are high treason or misprision of high "treason within England, shall be construed, adjudged, "and taken to be high treason and misprision of high "treason within Scotland; and that from henceforth no "crimes or offences shall be high treason or misprision of high treason within Scotland, but those that are high "treason or misprision of high treason in England," It further provides, that the pains, penalties, and forfeitures of high treason shall be the same in both countries; and it appoints a mode of inquiry and trial, such as is agreeable to the English practice.

66

The basis of this branch of criminal law in England is the statute 25. of Edward III. cap. 2. In this act, there are seven distinct offences.

1. Compassing the death of the King.

By 36. of Geo. III. cap. 7, (a temporary statute passed on the occasion of an outrage on the person of the King,) it is made treason "to compass, imagine, "invent, devise or intend death or destruction, or any "bodily harm tending to death or destruction, maim "or wounding, imprisonment or restraint, of the per"son of our Sovereign Lord the King." This act was declared perpetual by 57. of Geo. III. cap. 6.

2. Violation of the Queen or Princess. 3. Levying war against the King.

4. Adherence to the King's enemies.

By 52. of Geo. III. cap. 156, punishment of transportation is incurred by assisting prisoners of war to escape from their place of confinement; or assisting such