Suspension is not competent of the proceedings of Justices of Peace, on an act 13th Geo. I. for regulating linen manufactures.
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A complaint was given in to the Justices of Peace for the shire of Stirling, by Alexander Kennoway stamp-master in Linlithgow, against certain persons in Stirling and St Ninians, for importing bad lint-seed, and exposing it to sale, contrary to the sanction of an act 13th Geo. I. for the better regulation of the linen manufactures in Scotland, whereby it was forfeited; and they having denied the exposing to sale, compearance was made for John Dunlop merchant in Rotterdam, for his interest, as having furnished the lint-seed, who pleaded, That by the statute forfeiture was only inflicted for exposing to sale.
The Justices condemned the lint-seed, and a bill of suspension was offered.
Answered; The statute prohibits the importation of bad lint-seed; and, in an after clause enacts, That all offences against it, shall be determined by the Justices; whose sentences shall not be stopped by any suspension or other process whatsoever; providing that an appeal shall be competent to the quarter-sessions, whose determination shall be final.
Deplied; There is no forfeiture inflicted for bare importation; so in this case the Justices have usurped a jurisdiction not given them by the act, and their decreet may be suspended. The suspender also contests the insufficiency of the seed, which was only something discoloured by accidents in the voyage; and if it should appear to be insufficient for sowing, it is no ground for forfeiting it, so long as it was not exposed to sale for that purpose, but it may be used for oil.
Duplied; The act discharges importation, and declares the Justices exclusive Judges of offences against it. When a fact is prohibited, without a certain penalty, the Judges must determine the penalty, and here they have inflicted forfeiture; and no doubt might have imposed a fine, and poinded the goods for it, which would have been equivalent; but whether they have judged well or ill, it was their judgment, and the only remedy was an appeal to the quarter-sessions.
The Lords found the suspension not competent.
Act. W. Grant.Alt. R. Craigie.
Fol. Dic. v. 3. p. 358. D. Falconer, v. 2. No 155. p. 179.
