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men, out of the sheading, together with all such persons as can give any testimony in the matter to appear before the deemster; and in his presence, and under his direction, to make inquiry, and take evidence in writing, touching the facts complained of. And the deemster, after due inquiry and examination had as aforesaid, is hereby required to receive the indictment or verdict of the said jury. And to transmit the same, together with the depositions, to the rolls-office, and to release, admit to bail, or imprison such person so indicted, as the nature of the case shall require.

And when the prisoner is so indicted and committed to prison, at least three days previous to the court of general gaol delivery (at which court all such persons are to be arraigned and tried) a jury shall be convened according to ancient custom, consisting of twelve good and lawful men, to try the fact before such court *

By the act of 1796, any person, by word or writing, using any expression tending to bring into hatred or contempt the person or government of his majesty, on conviction, is subject to a fine of one hundred pounds, and to imprisonment, not exceeding six months : pro. secution to be effected within one year from the time of the commission of the offence.

The act of 1796, for the punishment of forgery, perjury, subornation of perjury, and cheating or swindling, and which subjects the offender to fine, imprisonment, and corporal punishment at the discretion of the court, being under the consideration of the legislature, in order to its repeal and amendment, it is unnecessary to enlarge upon its contents.

Fodder-Jury.
No cotler, intack-holder, or cottage-holder, or any

* A. T. 1777.

other, shall keep more horses, cows, oxen, sheep, or any other such cattle than what they have sufficient pas. turage for in the summer, and a sufficiency of hay, or other fodder, in the winter. And the coroners of the several sheadings are to impannel and swear four honest men in every parish (three of whom at least to be farm. ers) upon the 25th of March, in each year, to be a standing jury, and make inspection into what provision of grass and fodder the said cotlers, intack, and cottage-holders, or such like persons do make for their said cattle, as well in summer as in winter; and to make true report thereof in writing under their hands, unto the governor and officers at the first courts that are holden after the 25th day of March, and 29th day of September, in every year, or at other courts, when thereunto required, that the court may judge whether such persons have made sufficient provision of fodder. And if they find upon such report, that any such person doth keep more cattle than what he hath made provi. sion for, an order is to be granted from the said court to the coroner, to make sale of such cattle as provision hath not been made for, according to the current prices or rates, and to deliver the price thereof to the owner of such cattle, deducting a shilling out of the pound for his trouble.

And if the said jury be remiss, or partial in their proceedings, upon complaint and proof thereof made, they are to be fined and punished at the discretion of the governor and officers *.

If any coroner neglect or refuse to swear a fodderjury yearly, upon the 25th of March ; upon complaint made, or knowledge given thereof to the court, he shall be fined three pounds to the lord. And the fodder. jury, when sworn, shall directly proceed to do their duty, under the penalties prescribed by the said former act, and that ex officio. And the farmers are to be included, and proceeded against in the same manner as

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the intack arid cottage-holders, each of them to give an exact account of his cattle, horses, and sheep to the foda der-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 claimed by any person who hath just title thereto, then the same to be appraised and sold to the lord's use *.

* A. T. 1753.

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 1.

Game.

If any hawk, or heron, hart, or hind, be taken by any manner of man, he forfeiteth for every time, three pounds to the lord S.

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 ll.

And if any persons go to the houghs where the he. rons 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. g Ibid. 1422.

+ A. T. 1748. $ Ibidem, 1737.

Cust. Law, 1577.

Whereas of ancient time it. hath been accustomed, that no person shall use shooting with a hand-gun, ar 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 Fell. dike, 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 coun. cil 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 af. ter, they shall be punished as for perjury. And this

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