"foots; and fuch are our Egyptians, fturdy-beggars, who, "though they may pretend to have a dwelling, to which. they may fometime retire; yet, fince ordinarily they use "to wander, and do things unlawfully, they ought to have "no benefit by that domicile "." § 6. FORUM. licti. FORUM delicti is the prime and moft proper forum with Forum derefpect to the high court of justiciary, which acquires a jurifdiction chiefly, if not folely, from the circumstance that the crime was committed in Scotland b. If either a stranger or native, though here only transiently, commit an offence, and be found, he may be tried in the high court of jufticiary as the foro delicti. Although, if the foreigner efcape to parts abroad, after offending, no fugitation, or outlawry, can regularly pass against him, as it could against the native; or if, per incuriam, any fuch proceeding fhould take place, it will not be followed with the confifcation of any property he may have in Scotland at the time, or may afterwards acquire there c. In like manner, from what was stated above, it will be evident that the mere circumftance of a trefpafs being committed within a county gives the local magiftrate no jurifdiction, unless the delinquent be taken within it. If one affaults another, or commits any other offence, and is taken, the sheriff, magiftrate, or juftice of peace, before whom he is brought, may order him to be imprisoned, unless he gives fecurity to appear before him, to answer for the offence. If he escape, as already obferved, the action can be brought only in the jurifdiction where he refides. The local judge would not be competent to the action, merely because the $6. FORUM. Forum ori. ginis. offence was committed within his bounds, unless the offender was perfonally apprehended. FORUM originis, which is daily lefs regarded even by fupreme courts, needs fcarcely to be noticed, as it is difficult to imagine a cafe where an inferior judge is competent upon that footing. CHAP. III. The Jurisdiction of the Sessions in General. JURISDIC SIONS HOW 1. JUSTICES of the peace ftand on a different footing Jr. from judges ordinary. The latter, the native judica- TION OF tures of our common law, conceal their origin in the obfcu- THE SESrity of the most ancient times. The former were introdu- DIFFERced by positive and comparatively recent enactments. The ENT FROM competent in all causes whatever which are not specially limited to particular courts. The other have no jurifdiction, excepting what is either exprefsly committed to them, or is supposed to be implied in the particular nature and object of their institution. one are JUDGESOR- NATURAL THEIR JU RISDIC II. JUSTICES of the peace being appointed chiefly for the 52. purpose of preventing and punishing breaches of the peace, LIMITAand petty delicts against the police, have naturally no civil TION OF jurifdiction. Sometimes they exercise a fpecies of jurisdiction, which appears to approach very near to it. But TION. Aill it is under fome idea, direct or remote, of its connection with the confervation of the peace. For example, what may appear at firft view to be rather anomalous, the feffions daily award aliments to natural children, while they are not competent to alimentary question betwixt law § 2. NATURAL TION OF ful relations. But their competency in the former cafe very naturally arises from their criminal or police fuperintendenTHEIR JU Cy. They have not only power by statute to fine perfons who commit fornication, but as guardians of the police, may farther imprison them till they find fecurity that the child shall not burden the parish. RISDIC TION. Bygone ali ment. So far this branch of their jurifdiction is founded on principle. From hence, however, has arisen a practice, sanctioned by inveterate ufage, of their fuftaining themfelves competent to take cognisance of actions, brought, at the distance of years, against the father of the baftard, by the mother, or other person, who may have been at the expence of its aliment, for repayment of the money, with intereft. But, as the child already grown up can no longer be a burden on the parish, fuch a question has no more to do with police, nor belongs more properly to the jurisdiction of this magiftracy than the alimentary claims of lawful relations, which are competent only before the ordinary courts of law. It is nowife different from a civil debt. ANOTHER example of their exercising something like civil jurifdiction, is the power conferred on them by the general act 1661a, to compel masters to pay their fervants wages, "if the fervants please rather to pursue for the fame before "them than any other judge." But this power of ordering payment of wages, though in itfelf merely civil jurisdiction, naturally followed from thofe powers, which, as a branch of their police jurisdiction, the same statute had given them "to fix the ordinary hire and wages of labourers, work men, and fervants ;" and to punish those who refused "to "serve upon the price fet down for them." Accordingly, the ground which the ftatute itself expreffes for making them competent to pronounce decreets for payment of wages, is, "that the fervants may be the more willing to NATURAL TION OF THEIR JU "obey the ordinances," (as to fixing the rate of wages) $ 2. " to be made by the faid juftices." And fo closely connect- LIMITAed is the power to compel payment of wages with the power of fixing the rate of wages, that in England, where RISDIC the former is not exprefsly conferred by ftatute, the feffions have acquired it by a liberal conftruction of the courts of ftruction of law. "Though the ftatute gives them a power only to fet theirpowers "the rate for wages, and not to order payment: yet grafting in England. "hereupon they have also taken upon them to order payment; " and the courts of law are indulgent in remedies for wages, "and therefore," &ca. TION. Liberalcon in one cafe $ 3. INSTANCES STRUC THEIR III. THIS matter of wages is one of the few cafes where the jurifdiction of juftices has in this country alfo been oF A LIBEextended beyond the ftrict words of the ftatute. The fta- RAL CONtute empowers them to "decern and compel the masters to TION OF make payment of the fees appointed by their ordinances». But, in practice, their competency in questions of wages has not been thus limited. The feffions have entertained quef- wages. tions touching the payment of wages beyond that amount, due to fervants of all defcriptions, and whether the rate was fixed by the feffions or not. Servants THIS liberal conftruction is agreeable to the English practice and authorities, which however, in this matter of wages, have not been uniform, but different at different times. The power of the feffions to decree for payment of wages, if of the proper defcription, never appears to have been queftioned. But their opinions have not been uniform touching the defcription of wages which it is competent to fue for before the feffions. Thus "in the cafe of K. and Gregory, English ་་ cafes touch. 2 Salk. 484, there was an order to pay 40s. for wages ge- ing wages. nerally; and because it was not faid for wages in huf bandry, it was moved to quafh it; for that the juftices |