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and fixed the pensions which they think proper for the ensuingsix months, according to their opinion of need or desert, theythen take account of what may probably be considered tbe even-tual amount of the ordinary funds, (bating, as before mention-ed, the one half of church-door collections), for the six monthsto come, and assess for what appears will be the deficiency; re-mitting to the session-clerk to apportion the sum among the he-ritors and tenants, (each paying one half), according to the va-luations of the lands. If none of the heritors meet, in pursu-ance of the intimation from the pulpit, by themselves or theirmen of business, it is perfectly competent for the minister andkirk-session to hold the meeting in their room, to make up a roll,and to assess for the ensuing six months. Where there are noparochial assessments, which is still a very common case, andthe kirk-session are entirely entrusted by the heritors with themanagement of the ordinary funds, still, where the session pro-ceed to any act of extraordinary administration, (such as up-lifting and lending out mortified money), they ought to call up-on the heritors, and act with their concurrence, otherwise themembers of session are personally liable to the heritors, if themoney is misapplied or lost.
4. The right of the poor to maintenance comes next to be con-sidered, though, in strict propriety of speech, no such right can«ist as a right to alms; it is a mere gratuitous claim upon be-nevolence, and stands not in the smallest degree upon the foot-tng of justice. If a pauper, however, is neglected, it is madecompetent for him, (and the kirk-session of the parish where heresides will do it for him, if his claim is upon a different parish),'to apply to the Sheriff, the Justices, or, in a burgh, to the Ma-gistrates , who, upon his instructing upon what parish his claimlies, will decern him to be alimented by that parish. But thoughthere are many instances of an aliment being thus decerned, therers no instance of any judge pretending to decern the quantum ofaliment; which is left entirely to the discretion of the parish a-gainst which the aliment has been decerned. And it is to behoped that thislong continued forbearance of foreign jurisdictionsto interfere with the parochial powers, in establishing the quart-turn, will henceforward be properly interpreted into a want ofcompetency so to inteifere. Three years actual residence in aparish, as an useful labourer, independent on any charity, con-futes the legal residence in Scotland ; and so long as such aperson behaves honestly, and free from crime, no judicaturewhatever is entitled to put him to challenge, or to interfere withhis liberty. * Birth hath nothing to do with residence in Scot-land , the child following the condition of its parents.
of
* * In the fullest enjoyment of civil liberty, * (says Hutcheson in his JusticeI^ace)^ 1 under circumstances that promote the li ce circulation of labour,