the intack and cottage-holders, each of them to give an exact account of his cattle, horses, and sheep to the fodder-jury, under penalty of three pounds for every default; and the jury is to take especial care that all persons whatsoever have provided sufficient fodder, and have the same in their own possession, otherwise to proceed against them, according to the directions of this and the former act, not allowing the common and evasive excuse of depending on being supplied by others; and to the end that such juries be made up of the better sort of people, the coroners are to give a list of their names some days before they are sworn to the deemsters for their approbation *. Forester. THE forester, or his deputy, ought to go forth through the forest to the highest hill, and there blow his horn thrice; the same done, after to range and view the forest, and on the third day to go forth, and such company as he shall think fit, to see what sheep there be unshorn. And if he find any such, he ought to take them with his dog (if they be not milch sheep) to shear them, and take the fleece to his own use, and put a private mark on the said sheep, to the intent, that if any such sheep be found the next year by the said forester, he shall certify the comptroller and receiver of the same, that they may be recorded in the court books, that they may be appraised and sold to the lord's use : and if he find any lamb, sheep, goat, or kid within the forest, unmarked, he ought not to claim such as due to the forester, but to put a private mark on the same, to the intent, that if he finds any such the next year, not *A. T. 1753. claimed by any person who hath just title thereto, then the same to be appraised and sold to the lord's use *. It shall not be lawful for the forester to go forth to clip sheep on the commons as his perquisite, till the 21st of June in every year t. Fraud. ALL fraudulent assignments; or transfers of debtors goods, shall be void against just creditors‡. Game. Ir any hawk, or heron, hart, or hind, be taken by any manner of man, he forfeiteth for every time, three pounds to the lord §. Whosoever goeth to the forest, either by day or by night, to kill the lord's game, ought to pay three pounds for every one of them, as well young as old; and for every tame deer five pounds; and to be imprisoned at the discretion of the officers. And whosoever goeth to the hough where the hawks or herons do breed, if he takes any one of the old or young ones, or their eggs, he forfeits three pounds a-piece to the lord II. And if any persons go to the houghs where the herons do breed, to take old or young herons, or their eggs, or goeth by day or night, with his bow and arrow, to the forest, to kill the lord's game, they shall be presented by the great inquest. * Ord. 1504. + A. T. 1748. Ibidem, 1737. Whereas of ancient time it hath been accustomed, that no person shall use shooting with a hand-gun, at any fowl, or hunting or coursing the hare within a certain circuit near unto the castle; that is to say, from the said castle, near unto Kentraugh Bourn, in Kirk Christ Rushen, and following the said Bourn up to the Felldike, to the north-eastwards, unto Kirk-Santan Bourn, and so along the said Bourn to the eastwards, unto the Castle again; which said circuit hath been reputed and called the Lord's Warren: It is ordered by the captain, council and deemsters, that no person, of what estate, condition, or degree soever, (the said captain and council excepted,) shall shoot with his hand-gun, or fowlingpiece, at any fowl, or hunt, or course the hare with any greyhound, bitch, beagle, cur, or mongrel, wittingly and willingly, within the said circuit, upon pain of forfeiting to the lord, for every time, two shillings and sixpence, to be levied upon his goods, lands, tenements, wages, or fees, without the especial licence of the said captain and council, or one of them, they or any of them, licensing any person so to hunt, or shoot, for the use of the person so giving license, and not for the use and pleasure of the person so shooting, or hunting; and that there shall be six honest and substantial men, dwelling in several parts of the said circuit, at the discretion of the said captain, chosen and sworn at every court, to come in; and that they, jointly or severally, present all offenders herein; and that there shall be four honest and substantial soldiers, who are not common shooters, or hunters themselves, by the like discretion of the captain, chosen and sworn to make presentment of such of the soldiers, or others, as offend as aforesaid; and it shall be lawful for all other persons to make such presentments. And if any of the persons chosen to make presentments as aforesaid, do know of any such offender, and not make presentment thereof, at the next court after, they shall be punished as for perjury. And this order to be in force until the lord's further pleasure be known*. Great Inquest. It is enacted, that when any person comes to the coroner, lockman, or serjeant of any barony, with authority to convene the great inquest upon any cause, such person shall, besides the usual fee, deposit two shillings into such officer's hands, to the end that the same may be applied to the charges of the said inquest: Yet, if it should afterwards appear that the defendant was the cause of the trouble given to the said inquest, it shall then be lawful for the magistrate who accepts their verdict, to grant immediate execution to the plaintiff, to levy as well the said two shillings, as all other occasional fees, of and from such defendant, without further suit †. Whereas disputes concerning ways, water-courses, and boundaries, and the like, have been inquired and decided in by great inquests: It is ordered, that no such dispute shall go to a second great inquest, but that all disputes and differences whatsoever, proper for the inquiry of a great inquest, shall first be verdicted in by such great inquest; and either party may, within twenty-one days from the recording of the verdict, and not afterwards, be admitted to traverse the same to a long jury of twenty-four men, to be impannelled and sworn as formerly, giving bond to the clerk of the rolls, in the penalty of three pounds, to the lord's use, to disprove such verdict by the long-jury: and he shall be obliged to prosecute the same with effect, so as that the long jury give in their verdict within six months from the entering of the traverse, or at the next court of general gaol delivery, after the expiration of the said six months, upon pain of commitment, until they agree and give in the same, And either party may also, within the like number of days, traverse the verdict of the long jury to the house of keys, giving in bond as aforesaid. And this traverse shall likewise be prosecuted with effect, at the next meeting of the keys, to determine common law causes. And then, if occasion be, the said keys, or a committee of them, not under six, to be nominated by the house, may, for their better information, take a view of the place or subject in dispute, and make report thereof to the rest; after which view, (if necessary) hearing the parties, and considering the matter, the return of the keys to be delivered to the governor: and it shall be lawful for the keys to return such great inquest and long jury, or either of them that shall be found to have acted partially, wilfully, or erroneously, to the mercy of the court for a fine, not exceeding ten shillings a-piece. And if, through the default of the party, the long jury's verdict, or the return of the keys, be not given in within the time before limited, the cause shall be dismissed, and the verdict traversed enforced: and the party failing to be at the mercy of the court for the penalty of his bond, and pay all charges by immediate execution from the magistrate concerned *. Whereas, from the proceedings of the great inquest, a traverse lay to a long jury, and from them to the house of keys, which mode of proceeding is found to be dilatory and vexatious. It is therefore enacted, That the great inquest, and all proceedings before them, shall cease; and all matters heretofore cognizable before the great inquest and long juries, shall be tried and determined at common law †. *A. T. 1753: M + A. T. 1777. |