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The Justices of Peace of Kincardine having warned the tenants and labourers to come out to perform the statute-work upon the 15th, 16th, and 17th days of August, and granted warrant for poinding the effects of the deficients to the extent of the composition-money, which was accordingly executed; the, tenants, whose goods were poinded, brought an action for restitution, and for damages and expenses, against the Justices, on the ground of their being called out in time of harvest, contrary to the act 5th, George I, which limits the term for calling them out, to before the last day of June. The Justices insisted chiefly, that the statute was in non-observance, and that harvest was not actually begun, although the pursuers had cut some green corn to give a pretence for their plea. The Lords found the warrant granted for poinding was illegal, as the tenants were not summoned within the time limited by the tatute; and found the Justices liable in restitution of the goods, and in expenses of process.
Fol. Dic. v. 4. p. 201. Fac. Col.
*** This case is No 352. p. 7642, voce Jurisdiction.
