or to the effect aforesaid, to be fairly written upon parchment, and transmitted to the next general, or general quarter sessions of the peace, to be held for the county, riding, division, &c. wherein such conviction was had, to be filed and kept amongst the records of the said general or quarter session; and in case any person or persons so convicted shall appeal from the judgment of the said justice or justices to the said general or quarter session, the justices in such general and quarter session are hereby required, upon receiving the said conviction drawn up in the form or to the effect foresaid, to proceed to the hearing and determination of the matter of the said appeal at such next session and not afterwards, according to the direction of this act, any law, custom, or usage to the contrary notwithstanding; and no certiorari shall be granted to remove any conviction or other proceeding had thereon in pursuance of this act.

XXXV. Provided always, and be it further enacted, That if any person convicted of any offence or offences punishable by this act, shall think himself or herself aggrieved by the judgment of the justice or justices, before whom he or she shall have been convicted, such person shall have liberty to appeal to the justices at the next general or quarter session of the peace which shall be held for the county, riding, division, city, liberty, town or place where such judgment shall have been given, and that the execution of the said judgment shall in such case be suspended, the person so convicted entering into a recognizance at the time of such conviction, with two sufficient sureties in double the sum which such person shall have been adjudged to pay or forfeit, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the justices in their said next general or quarter session, and to pay such costs as the said justices in such session shall award on such occasion; which recognizance the said justice or justices before whom such conviction shall be had, is and are

hereby empowered and required to take; and the justices in the said general or quarter session are hereby authorised and required to hear and finally determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable to be paid by either party; and if, upon the hearing of the said appeal, the judgment of the justice or justices, before whom the appellant shall have been convicted, shall be affirmed, such appellant shall immediately pay the sum which he or she shall have been adjudged to forfeit, together with such costs as the said justices in the said general or quarter session shall award to be paid for defraying the expenses sustained by the defendant or defendants in such appeal; or in default of making such payment, shall suffer the respective pains and penalties by this act inflicted upon persons respectively who shall neglect to pay, or shall not pay the respective sums and forfeitures by this act to be paid by or imposed upon persons respectively who shall be convicted by virtue of this act.

XXXVI. This act shall be deemed a public act, and be judicially taken notice of as such by all judges, justices, and others whomsoever, without the same being specially pleaded.

Tait's Justice of Peace, p. 356.-Hutcheson's Justice of Peace.

Ross v. Equitable Loan Company of Scotland, 23. Dec. 1826, S. & D. V. 192.

PLANTING AND INCLOSING.

To encourage planting, and to prevent or punish any attempt to destroy trees, the justices of the peace have been specially entrusted with the execution of various

statutes. Many of these are now obsolete, viz. acts 1457, cap. 80,-1457, cap. 83,—1503, cap. 74, and 1535, cap. 10. By the statute 1579, cap. 84, the preceding acts are ratified; and it is further declared, that whoever breaks into yards or orchards is liable, in all cases, for the damage; and for the first offence in L.10 Scots; for the second in L.20 Scots; for every subsequent offence in L.40 Scots; all to be paid to the owner.

The statutes still in force are as follow. The act 1661, cap. 41," for planting and inclosing of ground," ordains,

That every heritor, liferenter, and wodsetter, (according to the qualifications under-written,) within his said ancient kingdom of Scotland, with one thousand pounds of yearly valued rent, shall inclose four aikers of land yearly at least, and plant the same about with trees of oak, elme, ash, plain, sauch or other timber, at three yards distance. And that all other heritors of greater or lesse rent nor the said sum of one thousand pounds money foresaid, do plant, inclose and ditch yearly, moe or fewer aikers, according to their respective rents, for the space of ten years next ensuing; and that of such lands as the heritors shall think most fit for planting and capable for inclosing, to be also planted, ditched or inclosed in manner foresaid; and that the saids heritors begin to plant, ditch, and inclose, the said ground at the feast of Michaelmesse next to come, and uphold the same in time comming. And for the further incouragement of the saids heritors, wodsetters and liferenters, to go about the ready observance of the said act, liberty and power is granted to them, at the sight of the sheriffs, stewarts, lords of regalities, barrons, and justices of peace in their respective bounds, to cast about the high-wayes to their conveniency, providing they do not remove them above two hundred ells upon the whole ground; excepting alwayes herefrom,

burrough and incorporate aikers, which are no wayes to be parked or inclosed, unlesse the heritors thereof shall think it meet and expedient. And where there are liferenters upon lands, it is hereby declared, that the same shall be done upon the equal charges and expenses of the liferenter and heritor. And in case of proper wodsets, it is also hereby specially declared, that the same shall be done by the wodsetter, and the charges thereof is and shall be added to the reversion, and no wayes redeemable, while they make paiment thereof, as well as of the sums for which the lands are wodset. And for the better incouragement of heritors, and for preserving of the said planting and inclosures, it is statute and ordained, that whosoever shall cut or break any of the saids trees, (not being the heritors themselves) shall pay unto the heritors or persons wronged, twenty pounds for every tree; or if he be not able to pay the said twenty pounds, it shall be in the power of the party thereby wronged to make him work six weeks, giving him meat and drink allanerly. And further it is ordained, that whosoever shall break down the hedges or dikes of the said parks or inclosures, or be found -within the same, being a stranger, shall be holden and repute a breaker down thereof, and pay five pounds for every fault; or if he be not able to pay the said five pounds, to work ten dayes to the owner of the saids grounds, for meat and drink as said is. And for the greater encouragement of all persons, who shall be vertuously enclined to ditch, inclose or plant their ground, in manner foresaid, his Majesty, with consent above specified, hath declared, and by thir presents declares such parts and portions of their said ground, as shall be so inclosed, and planted, to be free of all manner of land-stents, taxations, or impositions, of whatsoever nature, or quarterings of horse in the saids inclosures, for the space of nineteen years next after the date hereof; and that at the proportioning of the saids burthens, the same inclosures shall be exempted and made free thereof ac

cordingly. And also for the better preserving of the saids inclosures, and of the trees and planting to be set about the same, it is statute and ordained, that ilk heritor, tenant and cottar, keep their cattel and goods out of their neighbours inclosures at all times, that their trees, planting and ditching, be no wayes damnified or prejudged, under the penalty of five pounds for ilk contravention, toties quoties, to be paid to the party damnified. And further statutes and ordains, That where inclosures fall to be upon the border of any person's inheritance, the next adjacent heritor shall be at equal pains and charges in building, ditching and planting that dike which parteth their inheritance. And recommends to all lords, sheriffs and baylies of regalities, stewarts or stewartries, and justices of peace, baylies of burroughs, and other judges whatsoever, to see this act put in execution, and to grant processe at the instance of the parties damnified and prejudged, and to see them repaired, after the form and tenor of this act above-written, in all points.

The act 1669, cap. 17, declares,

That whensoever any person intends to inclose by a dike or ditch upon the march betwixt his lands and the lands belonging to other heretors contiguous thereunto, it shall be leisom to him to require the next sheriffs or bailiffs of regalities, stewarts of stewartries, justices of peace or other judges ordinar, to visit the marches alongst which the said dike or ditch is to be drawn, who are hereby authorised, when the said marches are uneven or otherwayes uncapable of ditch or dike, to adjudge such parts of the one or the other heretor's ground, as occasion the inconveniency betwixt them, from the one heretor in favours of the other, so as may be least to the prejudice of either party; and the dike or ditch to be made, to be in all time thereafter the common march betwixt them; and the parties so adjudged respective from the one to the other, being estimat to the just