spect whereof such loss shall be stated to have arisen, and having regard to the fees to which any such person may become entitled pursuant to this act, the said Barons shall award to every such person such compensation as they shall think such person entitled to, either by the payment of a gross sum, or by way of annuity, as they shall think proper: Provided always, that every order made for such compensation shall be laid before Parliament within two calendar months after the commencement of the session next ensuing after making the same: Provided further, that no decision of the said Barons shall be final and conclusive until two calendar months after a copy of the order of such Barons for compensation shall have been laid before Parliament.

XXII. And be it further enacted, That any sum of compensation so to be awarded shall be paid and payable upon the order of the said Barons, in such manner and at such time or times as they shall direct, out of any monies charged or made chargeable by acts made in the seventh and tenth years of the reign of her Majesty Queen Anne, with the fees, salaries and other charges allowed, or to be allowed for keeping up the Courts of Session, Justiciary or Exchequer; and every sum of compensation to be paid shall be free and clear of all taxes and deductions whatsoever.

XXIII. And be it further enacted, That the respective salaries of sheriffs and stewarts depute and substitute shall, after the passing of this act, be paid to them free of all taxes and deductions whatsoever, any law or practice to the contrary notwithstanding.

Provision for salaries to the judges at Edinburgh is made by the act 55. of Geo. III. cap. 97, which grants to them" a fixed salary, in place of their present salary, "and certain fees and payments."

There was a previous act, 46. Geo. III. cap. 49, applicable to all commissaries throughout Scotland, when

their appointments were separate from that of sheriffdepute; but this has, of course, become obsolete since the act 4. Geo. IV. above quoted.

Balfour's Practicks, p. 655.—Erskine, I. 5. and 6.— Bankton, IV. 13. Vol. II. p. 544.—Stair, III. 3.

42.

To illustrate the Sheriff's Jurisdiction, see Mor. Dict. voce "Jurisdiction," Division XIV.-Commissary Jurisdiction, ibid. VIII.

There are the following Acts of Sederunt relative to inferior commissaries throughout Scotland, viz. 25. Feb. 1824, -1. June 1824,-27. May 1825,-27. Jan. and 6. July 1826, -18. Jan. and 5. July 1827.

As to Form of Process before the Commissaries at Edinburgh, see A. S. 12. Nov. 1825.

SHOOTING, STABBING, &c.

The statute 6. of Geo. IV. cap. 126, entitled, “ An "act to make provision in Scotland for the further pre"vention of malicious shooting and attempting to dis"charge loaded fire arms, stabbing, cutting, wounding, poisoning, maiming, disfiguring and disabling his Majesty's subjects," declares,

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That if any person shall, within Scotland, wilfully, maliciously and unlawfully shoot at any of his Majesty's subjects, or shall wilfully, maliciously, and unlawfully present, point

or level any kind of loaded fire arms at any of his Majesty's subjects, and attempt, by drawing a trigger, or in any other manner, to discharge the same at or against his or their person or persons, or shall wilfully, maliciously and unlawfully stab or cut any of his Majesty's subjects, with intent in so doing, or by means thereof, to murder or to maim, disfigure or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects; or shall wilfully, maliciously and unlawfully administer to, or cause to be administered to or taken, by any of his Majesty's subjects, any deadly poison, or other noxious and destructive substance or thing, with intent thereby to murder or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects, such person, being lawfully convicted of any the foresaid acts, shall be held guilty of a capital crime, and receive sentence of death accordingly.

II. And be it enacted, That if any person in Scotland. shall, from and after the said first day of July, wilfully, maliciously and unlawfully throw at, or otherwise apply to any of his Majesty's subject or subjects, any sulphuric acid, or other corrosive substance, calculated by external application to burn or injure the human frame, with intent in so doing, or by means thereof, to murder or maim, or disfigure or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such of his Majesty's subject or subjects, and where, in consequence of such acid or other substance being so wilfully, maliciously and unlawfully thrown or applied, with intent as aforesaid, any of his Majesty's subjects shall be maimed, disfigured or disabled, or receive other grievous bodily harm, such person, being thereof lawfully convicted, shall be held to be guilty of a capital crime, and shall receive sentence of death accordingly: Provided always, that if it shall appear, upon the

trial of any person accused of the aforesaid offences, that, under the circumstances of the case, if death had ensued, the acts done would not have amounted to the crime of murder, such person shall not be held guilty of a capital crime, or be subject to the punishment aforesaid; and provided further, that nothing contained in this or any other statute enacting a capital punishment, shall be held to affect the power of the prosecutor to restrict the pains of law.

SMALL DEBT COURT. See JUSTICE OF PEACE.

SORNERS. See POOR.

STARR OR BENT. See HIGHWAYS, &c.

STATUTE. See ACT OF PARLIAMEnt.

SUMMONS. See EXECUTION OF SUMMONS.

TACK.

Besides the personal obligation on the lessor or landlord to defend the tenant in his possession till the expiry of the lease, an additional security has been be

stowed by statute on the tenant; in virtue of which he is now entitled to continue possession till the expiration of the term fixed by the tack, notwithstanding of any sale of the lands to a third party, or other change of proprietor.

This advantage has been secured by the statute 1449, cap. 17, which is in the following terms:

Item, It is ordained, for the safetie and favour of the puir people that labouris the ground, that they and all utheris that hes taken or sall take landes in time to come fra lordes, and hes termes and zeires thereof, that suppose the lordes sell or annaly that land or landes, the takers sall remaine with their tackes unto the ischew of their terms, quhais handes that ever thay landes cum to, for siklike maill, as they tooke them for.

See Title "Removing of Tenants."-Erskine, II. 6.23. -Bell on Leases, II. 30.-Stair, II. 9. 1.-Tait's Justice of Peace, p. 516.

DECISIONS.-TO ILLUSTRATE THE TENANT'S RIGHT. Waddel, 10. Dec. 1794, Mor. 10309.-Leith, 5. Dec. 1776, Hailes, I. 174.-Countess of Moray, 23. July 1772, reversed, Mor. 4392.-M'Pherson, 12. May 1815, F. C.— M'Arthur, 6. July 1804, Mor. 15181.-Clark, 27. Jan. 1816.-Redpath, 22. Nov. 1737, Mor. 15196.-Fraser, 6. Dec. 1758, ib. 15196.—Irvine, 27. July 1760, ib. 15199. -Scott, 19. Feb. 1777, Hailes, I. 404, Mor. 15200.Wright, 17. Nov. 1763, ib. 15199.-M'Lauchlan, 11. Feb. 1748, ib. 15248.-Lord Cranstoun's Creditors, 4. Jan. 1757, ib. 15218.-Douglas's Creditros, 2. July 1757, ib. 15218.-Bells, 12. June 1814, F. C.-Carnegie, 24. July 1668, ib. 15887.—Pringle, 4. June 1741, ib. 15907. -Marquis of Queensberry, 18. Feb. 1814, F. C.-Binnie,