privation, as shall appear to them proper upon the result of such investigation; which judgment shall be final without appeal to, or review by any court, civil or ecclesiastical; and in case they shall depose the incumbent from the office of schoolmaster, his right to the emoluments and accommodations of the same shall cease from the time of his deposition, and in case he shall fail or refuse to remove from the schoolhouse and garden within three months from the date of such sentence or deposition, the sheriff, upon an extract or certified copy of the sentence by the presbytery laid before him, shall grant letters of ejection against such schoolmaster, of which no bill of advocation, suspension, nor action of reduction, shall be competent; and the school shall thereupon be declared vacant, and the election of another schoolmaster take place.

XXII. Provided always, That it shall not be lawful for any heritor, who is not a proprietor of lands within the parish, to the extent of at least L.100 Scots of valued rent, appearing in the land-tax books of the county within which such parish is situated, to attend or vote at any meeting pursuant to this act; but every heritor so qualified may vote by proxy, or by letter under his hand.

XXIII. All former acts respecting parish-schools ratified and confirmed in so far as not expressly altered.

Erskine, I. 5. 24.-Act of Privy Council, 10. Dec. 1616.

DECISIONS.

Anderson, 26. Nov. 1808, F. C.-Dawson, 18. Feb. 1809, ib.-Heritors of Corstorphine, 10. March 1812, ib.

!

SEDITION. See TREASON.

SEQUESTRATION. See BANKRUPT.

SHERIFF.

A sheriff-depute is a magistrate appointed by the crown to judge and dispose of all actions, civil and criminal, not falling under the jurisdiction of a supreme court, within a certain district of country. Long before this, among other heritable jurisdictions, had been abolished, the sheriff exercised very ample powers as judge-ordinary of the bounds. This appears from the early sta

tutes.

The act 1426, cap. 90, bearing, that "the manslayer should be pursued until he be put forth of the "realm, or brought again to the place of the slaugh "ter," is to the following purpose:

In the first, quhair onie man beis slaine within the realme, alsweil within regalitie as within royaltie, and in burrowes as to land, that incontinent without delay, als fast as the schireffe beis certified thereof, outher be the partie, or be onie utheris, he sall passe and persew the slayers, ane or maa, and raise the kingis horne on them, and raise incontinent the countrie in his supporte, quhill he be over-tane. And gif he may be over-tane, he sall be put in sicker fastenance quhill the law be done on him: And that sall be done with

in fourtie daies at the farthest; and be it reid hand, it sall be done within that sun. And gif he escape out of that schireffedome un-arreisted, the schireffe sall write or send ane of his officiares to the schireffe of that nixt schireffdome, and certifie him of sik men, that hes done sik felonie against the king, and ar fugitive fra the law, and then sall that schireffe persew him or them out-throuch his schireffedome, in the samin manner, as the other did before, without delay. And swa foorth fra schireffe to schireffe, quhill he be over-tane, or put out of the realme. And gif he happenis to flie in regalitie, out of the royaltie, the schireffe sall certifie the lord of regalitie, or his stewart or baillie, the quhilk sall persew the trespassour in like manner as the schireffe, as is foresaid. And quhair-ever he happenis to be takin, that schireffe, stewart or baillie of the regalitie, sall send him to the schireffe or his baillie of the nixt schireffedome, the quhilk sall receive him, and send him to the nixt schireffe, and swa foorth fra schireffe to schireffe, quhill he be put to the schireffe of the schire quhair the deede was done, and there sall the law be ministred to the partie, as is foresaid: And gif it beforethocht felonie, he sall die therefore.

According to the act 1426, cap. 91," he who is fu"gitive for slaughter should be openly proclaimed, and "his receipters punished." It proceeds thus:

And gif it happenis the man fugitive to escape throw diverse schireffedomes, that schireffe or schireffes, that he hes escaped fra, sall passe to the chiefe burgh of his schireffedome, and there gar cry openlie and proclaime, that sik a man hes done to the king sik a felonie and trespasse against his Majestie, and is fugitive fra the law; and there forbid that na man house nor herberie him, receipt him, or give him support or helpe in onie degree, under the paine of life and gudes.

The act 1487, cap. 100, is as follows:

Item, it is thocht expedient, statute and ordained, that the actes of Parliament maid of before, anent the punition of slauchter, be put to execution, with this addition, that quhair ony person committis slauchter, and cummis not incontinent to the schireffe to binde him to the law, and finde sovertie therefore, after the forme of the actes of Parliament maid of before, bot beis fugitive and absentis him, the schireffe sall then foorthwith, be him or his deputes, search and seeke the committer of the said slauchter at his dwelling-place, if he hes ony; and if he hes nane, and cannot be personally apprehended, then the schireffe sall put his gudes under arreist, and passe or send his depute to the head burgh of the schire quhair the slauchter is committed, and be open proclamation at the mercat-croce, warne and charge the slayer, ane or maa, as they be, that they cum to him within sex daies nixt after, and finde sovertie to compeir and underly the law at a certaine day, under the panes conteined in the actes of Parliament maid of before; the quhilkis sex dayes beand runnin, and the persones not compeirand and findand sovertie as said is, then the schireffe incontinent to put them to the horne, and denunce them the King's rebelles, and take and escheit their gudes; and make warning to the nixt schireffe, that sik persones ar put to the horne be him, and charge him in our Soveraine Lordis name to do the samin, or els take and arreist their persones, gif they may be apprehended, and bring them to the law.

In act 1487, cap. 101, declares as follows:

It is thought expedient, statute and ordained, for the punition and justifieing of sik trespassours as hes bene in times by-gane, after that they were taken and arreisted be the crowners, and in default that they could finde na borrowes, nor there was no castell to receive and keepe them in, quhill the justice aire, and their-throw escaiped and was

put fra the law; that therefore in time to cum, quhair onie crowner arreistis and takis sik trespassoures, he sall bring them to the schireffe of the schire, quhilk schireffe sall receive them, and keepe them in suretie and firmance on our Soveraine Lordis expenses quhair it failzies of their awin gudes, quhill the nixt justice aire, and then presente them to the justice. The quhilk schireffe sall have allowed to him in the checker, for the expenses that he makis in the keiping of thay persones that beis delivered to him be the crowner, for ilk person three pennies on the day, he bringand a testimonial to the checker fra the justice under his seale, of the persones that he bringis to the justice aire, and how lang time, and quhat dayes he keiped them. Upon the quhilk time and daies the justice sall take certification and proofe in the aire, quhat time the crowner delivered them, and how lang the schireffe keiped them. And gif the schireffe refusis to receive the person or persones that sall be brocht to him be the crowner as said is, he sall underly the danger and unlaw of the justice aire to the fourt court, as ane borgh suld do, for fault of entrie of a person arrested, the crowner prievand that he brocht sik persones to the schireffe, and required him to receive them as said is.

By the statute 1487, cap. 103, it is ordained, "that "there be charge given to the justice, that he, in time "to come, the last day of his aire, give an assize to "the sheriff and crowner, if they have used and done "their office truly and if they be convicted and found "false therein, that they be punished therefor after the "form of law and their demerits."

66

The act 1491, cap. 28, "anent man-slayers taken

or fugitive, and of demembration," is as follows:

Item, It is statute, that quhair ony man happenis to be slaine or demembred within the realm, alsweil within rega