thirteen shilling four pennies for a landed gentleman, thirtythree pound six shilling eight pennies for other gentlemen and burgesses, six pound thirteen shilling four pennies for other persons: And further, shall lose their offices, and be incapable of public trust, by and attour the pains above specified, and the penalty to belong to the party imprisoned, and process to be competent for the same before the Lords of his Majesty's Privy Council, or before the Lords of Council and Session, to be discussed by them summarily, without abiding the course of the roll: And it is hereby declared, That the above penalties shall not be modified by any power or authority whatsomever: And his Majesty, with advice and consent foresaid, extends this act for preventing of wrongous imprisonment to the case of all confinements, not either consented to by the party, or inflicted after trial by sentence: And further discharges all close imprisonments beyond the space of eight days from the commitment, under the pains of wrongous imprisonment above set down: As also, That no person be transported forth of this kingdom, except with his own consent given before a judge, or by legal sentence; certifying judges and magistrates, and all others who shall give order otherwise for the said transportation, as likewise, all such who shall transport any person without a lawful warrant from a judge or magistrate, that he shall be liable to the foresaid pains of wrongous imprisonment, as also of being deprived, and declared incapable of all public trust. And his Majesty, with advice and consent foresaid, enacts and declares, That action and process for wrongous imprisonment shall prescrive, if not pursued within three years after the last day of the wrongous imprisonment; and process being once raised, the same shall prescrive, if not insisted in yearly thereafter. And it is hereby statute and ordained, by advice and consent foresaid, That no member of Parliament attending, shall be imprisoned or confined, upon any account whatsomever, during a session of Parliament,

without a warrant of Parliament, reserving to the high constable and marischal their privileges and jurisdictions in the time of Parliament as formerly. And also providing, That if any member shall happen to commit a capital crime, or if there be a manifest hazard of the peace, any magistrate may attach for securing of the person or the peace, and deliver the person to the custody of the high constable, in order to the Parliament's cognition the next sederunt.

Hume, II. 96.-Erskine, IV. 4. 31.

DECISIONS.

Fife, 29. July 1762, Mor. 11750.-Duncan, 21. Jan. 1823, S. & D.-Andrew v. Murdoch, 20. June 1806, Dict. Ap. No. 5, voce Wrongous Imprisonment. - Andrew, 12. June 1823, S. & D.-Rae Mure, 10. July 1811, F. C.—Gibson, 18. June 1817, ib.-Walker, 21. Nov. 1822, S. & D. -Donald, 5. Dec. 1822, ib.

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