L A W. 
•f primogeniture, tlie fonS procreated after the marriage, 
from the fuccefiion of the father's heritage, though fuch 
fons were lawful children from the birth. Hence, alfo, 
thofe children only can be thus legitimated, who are be¬ 
gotten of a woman whom the father might at that period 
have lawfully married. 2. Baftards are legitimated by 
letters of legitimation from the fovereign. But letters of 
legitimation, let their claufes be ever fo ftrong, cannot en¬ 
able the baftard to fucceed to his natural father, to the 
exclufion of lawful heirs. A baftard can have no legal 
heirs, except thofe of his own body; fmce there is no 
fucceftion but by the father, and a baftard has no certain 
father. The king therefore fucceeds to him, failing his 
lawful iftue, as laft heir. Though the baftard, as abfo- 
lute proprietor of his own eftate, can difpofe of his heri¬ 
tage and of his moveables by any deed during his life; 
yet he is difabled, ex dcfedlu natalium, from bequeathing 
by teftament, without letters of legitimation from the fo¬ 
vereign. If the baftard has lawful children, he may teft: 
without fuch letters. 
Minors may be relieved againft all deeds granted in their 
minority, that are hurtful to them. Even where a minor, 
having guardians, executes a deed hurtful to liimfelf with 
their confent, he has not only aCtion againft them, but he 
has the benefit of reftitution againft the deed itfelf. The 
minor may raife and execute a fummons for reducing the 
deed at any time before he be twenty-five years old. Tiiefe 
four years, between the age of twenty-one and twenty- 
five, called quadriennium utile, are indulged to the minor, 
that he may have a reafonable time, from that period, 
when he is firft prefumed to have the perfect ul'e of his 
reafon, to confider with liimfelf what deeds done in his 
minority have been truly prejudicial to him. 
Of Majier and Servant. —All fervants now enjoy the fame 
rights and privileges with other fubjefts, unlefs in fo far 
as they are tied down by their engagements of fervice. 
Servants are either necefl'ary or voluntary. Necejfary are 
thofe whom the law obliges to work without wages,of whom 
immediately. Voluntary fervants engage without compul- 
fion, either for mere fubfiftence, or alfo for wages. Thofe 
who earn their bread in this way, if they (liould ftand off 
from engaging, may be compelled to it by the juftices of 
the peace, who have power to fix the rate of their wages. 
Colliers, coal-bearers, falters, and other perfons necef- 
fary to colliers and falt-works, as they are particularly de- 
l'cribed by act 1661, were formerly tied down to perpetual 
fervice at the works to which they had once entered. 
Upon a fale of the works, the right of their fervice was 
transferred to the new proprietor. All perfons were pro¬ 
hibited to receive them into their fervice, without a tefti- 
monial from their laft mafter ; and, if they deferted to an¬ 
other work, and were re-demanded within a year there¬ 
after, he who had received them was obliged to return 
them within twenty-four hours, under a penalty. But, 
though the proprietor fhould negleCt to require the de- 
ferter within a year, he did not by that ftiort prel’cription, 
lofe his property in him. Colliers, See. where the colliery 
to which they were reftri&ed was either given up, or not 
fufticient for their maintenance, might lawfully engage 
with others ; but, if that work fhould be again let going, 
the proprietor might reclaim them back to it. It was 
not till the 15 Geo. III. c. 28. that thefe reftraints, thefe 
veftiges of flavery in the law of Scotland, were abrogated; 
and, accordingly, after the ift of July, 1775, a 'l colliers, 
coal-bearers, and falters, are declared to be upon the fame 
footing with other fervants or labourers. The ail: fub- 
jeCled thofe who were bound prior to the ill of July, 
1775, to a certain number of years’ fervice for their free¬ 
dom, according to the age of the perfon. 
The poor make the loweft clafs or order of perfons. 
Indigent children may be compelled to ferve any of the king's Jub- 
jtdls without wages till the age of thirty years. Vagrants and 
ilurdy beggars may be alfo compelled to ferve any manu- 
iaClurer. And, becaufe few perlons were willing to re- 
Vol.XII. No. 838. 
393 
ceive them into their fervice, public workhoufes are or¬ 
dained to be built for letting them to work. The poor 
who cannot work, muft be maintained by the parilhes in 
which they were born ; and, where the place of their na¬ 
tivity is not known, that burden falls upon the parilhes 
where they have had their mod common refort lor the 
three years immediately preceding their being appre¬ 
hended, or their applying for the public charity. Where 
the contributions collected at the churches to which they 
belong are not fulficient for their maintenance, they are 
to receive badges from the minifter and kirk-fefiion, in 
virtue of which they may alk alms at the dwelling-houles 
of the inhabitants of the parilh. 
Of Debtor and Creditor. —After a debtor is imprifoned, 
he is not to be indulged the beneft of the air, not even under a 
guard-, for creditors have an interelt, that their debtor be 
kept under clofe confinement, that, by the fqualor careens, 
they may be brought to pay their debt; and any magif- 
trate or jailor, who fhall fuffer the prifoner to go abroad, 
without a proper atteftaticn, upon oath, of the dangerous 
ftate of his health, is liable for the debt. Magiftrates are 
in like manner liable if they fhall fufter a prifoner to efcape 
through the infufficiency of their prifon ; but, if he fhall 
efcape under night, by the life of inftruments, or by open 
force, or by any other accident which cannot be imputed 
to the magiftrates or jailor, they are not chargeable with 
the debt; provided they lhall have, immediately after his 
efcape, made all poftible fearch for him. A cafe lately 
occurred where a meflenger having apprehended a perfon 
for a debt, upon letters of caption, delivered him over 
to the provoft of the burgh, and took a receipt for him. 
Tlie provoft allowed him to remain at the inn all night, 
and afterwards allowed him what is called open gaol, by 
which he had accefs to the court-houfe, under the fame 
roof with the prifon, where he tranfaCled bufinefs. As 
the perfon at whofe inftance he was apprehended upon thd 
caption, confidered that the magiftrates had not kept the 
debtor in prifon as commanded by the letters, he brought 
an action againft them for the debt, although the debtor had. 
not fo much as attempted to make his efcape. It was contended 
by the magiftrates, that they were not liable, having only 
followed the ufual practice of the burgh ; but the court 
of felfion, confidering the magiftrates as principal keepers 
of the prifon, and as fuch having no difcietionary power, 
were of opinion, that the debtor had never been impri¬ 
foned in the eye of the law, and therefore found the ma¬ 
giftrates liable ; and their judgment was affirmed upon an 
appeal. Regularly, no prifoner for debt upon letters of 
caption, though he fhould have made payment, could be 
releafed without letters of fufpenfion, containing a charge 
to the jailor to fet him at liberty ; becaufe the creditor’s 
difeharge could not take ofF the penalty incurred by the 
debtor for contempt of the king’s authority ; but, to fave 
unnecefi'ary expenfe to debtors in fmall debts, jailors are 
empowered to let go prifoners where the debt does not 
exceed 200 merks Scots, upon production of a dilcharge 
in which the creditor confents to his releafe. 
lnfolvent debtors may apply for a releafe from prifon 
upon a cejjio bonorum, i. e. upon their making over to the 
creditors all their eftate, real and perfonal. This muft be 
infilled for by way of aCtion, to which all the creditors of 
the prifoner ought to be made parties. Tlie prifoner muft, 
in this aftion, exhibit a particular inventory of his eftate, 
and make oath that he has no other eftate than is therein 
contained, and that he has made no conveyance of any 
part of it, fince his imprifonment, to the hurt of his cre¬ 
ditors. 
A cafe of importance was lately determined by the 
court of feflion at Edinburgh, relative to the application 
of the principle of the efio bonorum, between a man named 
Schiniman and his creditors. The queftion was “ Whe¬ 
ther an individual, convicted of grofs and culpable extra¬ 
vagance, who for a number of years lived in a manner to¬ 
tally unliiitable to his manner in life, without the pro- 
