"the King and other subject superiors, being obliged to give "suit and presence, or to appear at head courts at certain "times of the year, has of a long time been useless, and ought "not to be continued;" be it therefore enacted, &c. That from and after the said twenty-fifth day of March, no proprietor of lands in Scotland holding of the King, or of any subject superior, shall be obliged to attend, appear, and give suit and presence by himself or his procurator, at any head court, or be liable to any fine or penalty for default of attendance at such head court, any law, charter, or usage to the contrary notwithstanding.

XIX. Provided always, That nothing herein contained shall exempt any proprietors of lands, being vassals of the King, or any subject superior, from attendance at any court to which he is subject, being lawfully and specially summoned for that effect, to serve as a juryman upon trials, or for any other lawful purpose whatever.

XX. Provided also, That nothing herein contained shall derogate from the powers now competent by law to the freeholders assembled at their Michaelmas head court which it shall be lawful to hold, and for the freeholders to act and proceed as formerly, any thing herein contained to the contrary notwithstanding.

XXI." And whereas it hath been frequently practised in "Scotland to let lands to tenants or tacksmen, reserving or "expressing over and above the certain rents and duties pay"able for the same services used and wont, or services inde"finitely, or other general words of the like nature, without 66 specifying or ascertaining the same, which practice is liable "to be abused, is productive of disputes between landlord " and tenant, and subject to divers inconveniences;" be it therefore enacted, &c. That from and after the first day of July in the year of our Lord 1747, no tenant or tacksman of any lands or heritages in Scotland, by virtue of any lease or tack which shall be made in writing, or by verbal agreement,

tacit relocation, or otherwise, after the said first day of July, or by virtue of the prorogation of any lease of tack made before the said first day of July, or any assignee of any such lease or tack, shall be obliged or liable to perform any services whatsoever to his heritor or landlord, other than such as shall be expressly and particularly reserved and specified, and the number and kinds thereof enumerated and ascertained, in some written lease or tack, or by some agreement made in writing, and signed by the parties thereto, or some persons authorised by them, any former law or usage to the contrary notwithstanding.

XXII. Provided always, That nothing herein contained relating to services to be performed by any tenant or tacksman after the said first day of July shall extend, or be construed to extend to any services by law or custom due to mills, or any matter or thing relative thereto.

Act of Sederunt, 8. February 1749.

Erskine, II. 4. 3; and II. 5. 24.

WAREHOUSING ACT.

The statute 6. of Geo. IV. cap. 112, "for the ware"housing of goods," has been explained in a work formerly referred to, Mr Hume's Consolidated View of the Laws of Customs, p. 309.

Bell's Commentaries, I. 186. Erskine, III. 3. 8. Note.

WARNING. See REMOVING OF TENANTS.

WEAVERS.

In the title "Artificers," (Vol. I. p. 70,) the statute 6. of Geo. IV. cap. 129, has been quoted, against combinations of workmen to raise the rate of wages. And, in the title "Justice of Peace," (Vol. II. p. 65,) notice has been taken of the statute 4. of Geo. IV. cap. 34,"to enlarge the powers of justices in deter"mining complaints between masters and servants, and "between masters, apprentices, artificers and others."

Justices of the peace are required, in like manner, to adjust all disputes between weavers of cotton manufacture and their masters, in regard to the price of their work, the quality of the warp, and the utensils and materials of trade, &c. The act 43. of Geo. III. cap. 151, "for preventing and settling disputes which may arise "between masters and weavers engaged in the cotton "manufacture in Scotland, and persons employed by "such weavers, and persons engaged in ornamenting "cotton goods by the needle," directs that, on occasion of such complaints, the parties shall go before a justice or justices of the peace, who shall appoint two referees, one on the part of the master, his foreman or agent, and another on the part of the weaver, each party having a right of two peremptory challenges. These referees must be persons skilled in the particular trade, and their award shall settle the dispute. If either or both of the referees be challenged or decline to act, or if, having accepted the office, they shall differ

in opinion, the justice or justices may make a second nomination of two referees, who, or either of them, shall report their or his determination in the complaint to the justice or justices; which determination shall be final, and not subject to the review of any court.

WEIGHTS AND MEASURES. See BURGH ROYAL.

WITCHCRAFT.

The statute 1563, cap. 73, denounced the punishment of death against all who practised witchcraft, sorcery, or necromancy, or who consulted such as used these arts.

But the statute 9. of Geo. II. cap. 5, repeals the former, and declares, "That no prosecution, suit, or "proceeding shall be commenced or carried on against

any person or persons for witchcraft, sorcery, in"chantment, or conjuration, or for charging another "with any such offence in any court whatsoever in "Great Britain."

Hume's Com. I. 578.-Erskine, IV. 4. 18.

WRONGOUS IMPRISONMENT.

The statute 1701, cap. 6, commonly called the libe

ration act, "for preventing wrongous imprisonment, "and against undue delays in trials," is in the following terms:

Our Sovereign Lord, considering it is the interest of all his good subjects, that the liberty of their persons be duly secured: And that it is declared by the Claim of Right, That the imprisonment of persons, without expressing the reasons thereof, and delaying to put them to trial, is contrary to law: Therefore, his Majesty, with advice and consent of the Estates of Parliament, statutes, enacts, and ordains, That all informers shall sign their informations, and that no person shall hereafter be imprisoned for custody, in order to trial for any crime or offence, without a warrant in writ, expressing the particular cause for which he is imprisoned; and of which warrant, the messenger or executor thereof, before imprisonment, or the keeper of the prison, receiving the same, is hereby ordained to give a just double immediately under his hand to the prisoner himself, for the end after specified; declaring, That all warrants for imprisonment, on the account foresaid, either proceeding upon informations not subscribed, or not expressing the particular cause, shall be void and null, and the judge or officer of the law, and all others whatsomever subscribing the same, and the executor or keeper of the prison, who shall receive and detain the person so wrongously ordered to be imprisoned, or refusing a double as said is, shall be liable in the punishment of wrongous imprisonment hereafter exprest: And to the effect that persons who are, or shall be imprisoned for custody, in order to trial, may not be wrongously delayed and ordained, his Majesty, with advice and consent foresaid, statutes and ordains, That all crimes not inferring capital punishment, shall be bailable: And for clearing and establishing the method of finding bail in such cases, either before or after imprisonment, his Majesty, with advice and consent foresaid,