796] 
charged with burglariously entering and 
stealing; at three o’clock they were not 
in the house, at six they were taken, 
when, by the evidence, they could have 
stolen nothing—They wexe accordingly 
acquitted on this indictment, but detain- 
ed to be indiéted in another form.—Be- 
ing afterwards indiéted on two other in- 
digtments, the one for burglary, and 
the other for a robbery in the house of 
the prosecutrixes, they pleaded their 
former acquittal, to which plea a special 
-replication was filed, and time allowed 
their counsel to advise the prisoners 
what conduét to pursue. The prisoners 
being afterwards brought up, put in a 
rejoinder to the replication. In this they 
persevered in averring, that they were 
the same persons tried on the former in- 
diétment, and that the offence was iden- 
“tically the same with which they were 
now charged; and accordingly prayed 
judgment, whether they ought not to 
be discharged on their. former acquittal, 
. The chief baron considered the case as 
new, and it being of great Importance to 
the prisoners, he, with the concurrence 
of his brethren on the Bench, reserved it 
for the opinion of the twelve judges. 
TRIAL FOR MURDER, IN CONSE- 
' QUENCE OF THE NEW VAGRANT 
AcT FOR MANNING THE Navy. 
By 35 G. III, c. 34, f. 5, the magi- 
Strates of the several descriptions in 
Great Britain are authorised to levy for 
the service of his Majesty, in the navy, 
all able-bodied, zd/e and disorderly per- 
sons, who cannot, upon examination, 
prove themselves to exercise and indus- 
triously follow some lawful trade or em- 
ployment, or to have some substance 
sufficient for their support and mainte- 
nance.—By s. 6, the same authority is 
given the magistrates with respect ‘to 
all men who shall have offended against 
any law in force. at the time of passing 
the aét, by virtue of which they shall 
be, or be //able tobe deemed or adjudged 
to be, idle or disorderly persons, or 
regues and vagabonds, or incorrigible 
Togues, and punishable as such respec- 
tively ; and also all men who shall be ad- 
judged guilty of illegal landing, &c. 
Prohibited goods, or of embezzling any 
naval stores, or of aiding and assisting in 
‘any of such offences; and it is declared 
that all persons conviéted of such of- 
fences by virtue of any former law then 
tn force, shall be deemed within the de- 
‘@cription of this aét, and dealt with ac- 
‘Gording to the dire€tions given, with re- 
3 \ 
Law Reports. 
aaa 
spect to persons exercising and following 
no lawful trade or employment. 
By s. 6, The magistrates assembled 
from time to time at a petty sessions, 
within the limits of their respective juris~ 
ditions, shall, as often as they see occa- 
sion, issue out their warrants, wader their 
hands and seals, thereby requiring the 
constables and other officers of the di. 
striéts, who shall be aided by sufficient 
men of the same places, to make, or 
cause to be, made, a general search 
throughout their several and respective 
mits, for all such men as they can find, 
who are, or shall appear to them to be, 
within any of the descriptions of this 
act, and to convey all such persons before 
the magistrates afting for the division, 
at such time and place as shall have been 
prefixed for next and subsequent meet- 
ings, which shall be respectively expressed 
in the warrants: and every magistrate, 
on receiving information on oath, where 
any man or men within any of the de-, 
scriptions of the aét may be found with~ 
in his jurisdiction, or on receiving inform- 
ation, on oath, of any of the offences 
described in the a&t being committed, 
may issue his warrant to the constables 
and other officers, to search for and ap- 
prehend such man or men. 
In the beginning of February fast, 
John O’Neil and Arthur his sen, were 
tried before the Court of Justiciary, at 
Edinburgh, for murder.—The indiét- 
ment stated, that in consequence of the 
act of parliament for apprehending idle 
persons to serve in the navy, the magi- 
Strates of Dumfries had sent a party to 
apprehend the prisoners, who had refused 
to open their door; that the party then 
broke it open, when the prisoners fired 
and wounded six, one of whom, John 
Grant, afterwards died of his wounds, 
and this was the foundation of the prose- 
cution.—It did not appear by the evi- 
dence, that the prisoners had been con~ 
viéted of any of the offences mentioned 
in the act; it was not even alledged that 
they were liable to be so convicted ; it 
did not appear, that, upon examination, 
they could not prove themselves to exer- 
cise and industriously follow some lawful 
trade or employment ; it was not al- 
ledged that they 4ad been examined, or, 
that the warrant, under which the par- 
ty went to apprehend them, was for the 
purpose of carrying them before a magi- 
strate to 6¢ examined. ‘The warrant in- 
deed was so far from being in striét con- 
formity with the act, that it appeared, a 
list of pessoms to be apprehended had 
been 
