justice of peace court books of M, that they will keep the peace for from this date, under the penalty of pounds sterling (or as the case may be). GH, J. P. Sometimes, upon considering a complaint, and inflicting punishment, the justices farther decern and ordain the defender to find sufficient caution acted in the justice of peace court-books of M, to keep the peace for under the penalty of grant warrant to constables to imprison him in the tolbooth of the keepers whereof are hereby ordered to detain him till he find such caution. ; and GH, 7. P. 5. Surety. This is in the same form as bail; a slight alteration only being ne◄ cessary on account of the difference of the object. VAGABONDS. 1. Commitment for farther Examination. Place and date.-C D (describe him) having been brought before me, one of his Majesty's justices of the peace for the county of M, charged with conducting himself as a vagabond at upon (or as the case may be); and the said C D having been examined by me, I hereby grant warrant to consta bles to commit him to the tolbooth of N, the keepers whereof are hereby ordered to detain him for farther examination (if there appear cause for it), GH, J. P. Sometimes, after the accused has been detained for a few days on this warrant, farther procedure is dropt, and he is liberated. When farther procedure, upon a regular complaint, is thought proper, it may be in the following terms: 2. Complaint. Unto the Honourable his Majesty's Justices of the Peace for the county of M, The petition of A B, procurator-fiscal of court, for the public interest, Humbly sheweth, That C D (describe him) was apprehended, conducting himself as a vagabond, at upon (with any farther particulars of the offence which may be material, or as the case may be. See, in the text, Process, sect. Complaint). May it therefore please your Honours to punish the said C D with imprisonment, and to lay him under surety for his good behaviour, or to do otherwise as may seem proper. A B. Deliverance is granted for citing the accused to appear for trial at a short interval, e. g. two or three days, and for citing witnesses. 3. Judgment. Place and date.-The justices having considered this complaint, and proof adduced, find the said C D guilty of the offence charged, and grant warrant to constables for committing him to the tolbooth of N, the keepers whereof are hereby ordered to detain him for four weeks from this date (or as the case may be). GH, J. P. INDEX. ABBEY OF HOLYROODHOUSE, see Imprisonment.—Meditatio Fuge Warrant. Abortion, see Homicide, sect. General Observations. Act and Commission, see Commission to take Proofs, &c. Act of Grace, see Imprisonment. Action, see Process. Parties. Adjournment, see Sessions of the Peace. Adultery, see Lewdness. Advocate, see Process, at the beginning.—Mandate, sect. Advocate. AFFIDAVIT, 1. Affirmation of Quakers, see Quaker's Affirmation. Affray, see Breach of the Peace.-Injuries, Real.--Surety of the Peace. ALEHOUSES, 1. Alibi, see Process, sect. Criminal.-Proof, sect. Proof in General. of Natural Children, see Children, sect. Aliment of Ille- gitimate. of Poor, see Poor. of Debtors in jail, see Imprisonment. Annualrent, see Interest. Appeal, see Review. Appraising of poinded Goods, see Poinding. Apprehension of Criminals, see Arrest. or Fear, see Threats.—Lawborrows.-Surety of the Peace Surety for the Good Behaviour. APPRENTICES, 4. Arbitration, see Submission. Arles, see Servant, sect. Formation of Contract.-Sale, sect. For mation of Contract. Arms, unlawful, see Breach of the Peace; Note. -, training to, &c. unlawfully, see Treason, sect. Unlawful Army, see Soldiers. ARREST, DECLARATION, and PRECOGNITION, 4 I. Arrest, 5. 1. Without a warrant, 6. (1.) Verbal warrant, 6. 3. For crime committed beyond territory, 8. (1) In another part of Scotland, 9. (2.) In another part of the united kingdom, 9. 4. On suspicion of a crime having been committed, 13. III. Precognition, 14. ARRESTMENT and FURTHCOMING, 20. I. Arrestment, 20. 1. On what grounds, 20. 2. In whose hands, 21. 3. Against what, 21. 5. Breach, 23. 6. Death of parties, 23. II. Furthcoming, 24. 1. What the pursuer must establish, 24. 2. Terms of decree, 24. Art and part of a crime. For the degree of accession to a crime Articles of war, see Soldiers, sect. Enlisting. Artificers, see Location.-Servant.-Manufactures. Assault, see Injuries, Real.—Breach of the Peace.-Battery. ASSIGNATION, 25. I. How completed, 25. II. Assignee's right, 26. Assize, see Bread. Attempt to commit crimes, see Crime, sect. Wrongful act neces- sary. Attesting soldiers, see Soldiers, sect. Enlisting. Avizandum, see Process. BAIL, 28. 1. When admissible, 28. 1. In what crimes, 28. 2. In what situations, 29. II. What incumbent on criminal, 30. 1. To apply, 30. 2. To find bail, 31. III. What incumbent on magistrate, 32. IV. Criminal of other part of united kingdom, 35, Bailies of Boroughs, and Baron Bailies, their jurisdiction, see Preface. Bakers, see Bread. Baliad Singers, see Vagabonds. Banishment, see Punishment. BANKS FOR SAVINGS, 35. Banns, see Marriage.-Nonconformists. Baron Bailie's jurisdiction, see Preface. Barony, burgh of, jurisdiction of its magistrates, see Preface. Bastards, see Children, sect. Unlawful. BATTERY, 35. Bawdy-houses, see Lewdness. Beams for weighing, see Falsehood and Fraud, sect. False Weights and Measures. Beans, stealing, see Turnips, &c. Bees and Beehives, stealing, see Pigeons, &c. Before-hand payment, see Payment, sect. Before-hand. Beggars, see Vagabonds.-Poor. Behaviour, see Surety for the Good Behaviour. Benefit Societies, see Friendly Societies. Bestiality, see Sodomy and Bestiality. Betting, see Gaming. BIGAMY, 36. BILL OF EXCHANGE, 37. Billeting soldiers, see Soldiers, sect. Quartering. Binding to the peace, or good behaviour, see Surety of the Peace. Surety for the Good Behaviour. BLASPHEMY, 38. Bonorum, Cessio, see Imprisonment. BORDER WARRANT, 38. Box Clubs, or Boxes, see Friendly Societies. BREACH OF THE PEACE, 39. BREAD, &c. 40. I. When there is not an assize, 40. 1. Bread, 40. (1.) Kinds of bread, 40. (2.) Assized and prized not together, 41 (3.) Weight, 41. (4.) Price, 42. (5.) Marking, 43. (6.) Bad bread, &c. 43. (7.) Search for bread, 44. (8.) Fault of journeymen and millers, 44; |