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By section 90. of the Paisley Police Act, (1806,) it is enacted, That ‘it shall and may be lawful to the said Bailies within the burgh, and to the Justices within the suburbs, to commit idlers, vagabonds, public and sturdy beggars, and all persons who have no settled place of residence, or follow no lawful employment, to the said bridewell or workhouse, to be kept at hard labour for a period not exceeding three months for every offence.’
‘Herefore, I do hereby sentence and adjudge the said Charles Davilin to be imprisoned in the bridewell or correction-house of Paisley, there to be detained for the space of thirty days from and after this date, and to be kept at hard labour, subject to the rules and regulations of the house; and grant warrant to officers of court, and their assistants, and others whom it may concern, for apprehending, committing and detaining the said Charles Davilin accordingly, and decern. Given under my hand, at Paisley, this 26th day of June 1835.’ (Signed) ‘William Jeffrey.’
Davilin suspended , and craved liberation. P. Robertson pleaded —That it did not appear that there had been any prosecutor, or record of any trial, or conviction for any offence, except of being charged with being found prowling, &c. A mere allegation of proof of a charge of an undefined offence would not do. It might be said of the Lord Lieutenant, equally as of Davilin, that he had sometimes no settled place of residence, or followed no lawful employment, yet they were alike entitled to a formal complaint, trial, proof and conviction of the offence charged.
Solicitor-General .—There was, at all events, the charge and offence of being habit and repute a loose character, which was ‘proved;’ and this shewed there had been a trial, and justified the sentence so far.
Lord Gillies .—The warrant is grossly illegal. It can never be allowed that a sentence of thirty days' imprisonment is to be pronounced against a party, because it was proved that he was brought to the police office charged with something.
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