Page:Ruffhead - The Statutes at Large - vol 4.djvu/464

 412 C. i6. Anno odlavo Ann^e Reginae, A. D. lyog. After I May the Lords Spiritual and Temporal, and Commons, in Parliament afTembled, and by Authority of the 1710. noneio fame, That from and after the firft Day oi May one thoufand feven hundred and ten, no Perfon whatfo- ' ^"j"^'!'*^""'^ ever {hall be obliged, by himfelf, his Tenants, or Servants, to attend the Lords of Judiciary, either in t'hJr Ckcmts? going to, or coming from the refpeitive Places where the Circuit Courts are held, except the Sheriff, or except tlieSher'iff, his Deputies, and their Officers ; and that no Sheriff, by himfelf, or his Deputies, or his Officers, be &c. at the Place obliged to attend the faid Lords of Jufticiary at any Time or Place out of the Bounds of the refpective • and Time wheie County whereof fuch Perfon is Sheriff, except at the Place, and during the Time, where the fcjveral Cir- Colr*J^sareheld ■ '^"^ C*'""^ of the refpedive Diftrids fhall beheld., y^ ^^j ^^ .^ further enacted by the Authority aforefaid. That from and after the faid firft Day of May and except fuch ^^ Perfon whatfoever fhall be obliged to attend at the Place where the Circuit Court is held, during fuch ed ^reivrEvi-' Time as the faid Court (hall continue there, except fuch Perfon or Perfons who {hall be fummoned upon dence, or on a any Grand or Petty Jury, or who rtiall be fummoned or bound to give Evidence in any Matter or Cauie Jury; or fuch as before the faid Court, or who fhall be bound over to appear at fuch Juftice Court, or fuch Perfon or art bound to ap- Perfons as fhall make Prefentments, in order to Trials before the faid Jultices at their Circuits : Provided, a7i' "'^/"'^p That when Prefentments are made by the Juftices of Peace at their Quarter-Seffions, or at the yearly fentmen^ts! "' Meetings in July and February after mentioned, it {hall be lawful to the faid Jufrices to depute one or more juftices of Peace of their Number to attend in Place of the whole ; and except fuch other Perfon or PerfonS;, who, by the may depute one Duty of his or their Offices or Trufts, are bound to attend the faid Court. of their Number. Except alfo thofe who attend by the Duty of their Offices. 6 Anns, c. 6. ' HL And whereas by an Aft made in the fixth Year of her Majefty's Reign, intituled. An ASl for the ' rendring the Union of the tivo Kingdoms 7nore entire and complvte, it is, amongit other Things, enaiSed, That ' the Juiiices of the Peace in Scotland may do, ufe, and exeicife over all Perfons within their feveral . ' Bounds, whatever doth appertain to the Office and Truit of a Juftice of Peace, by Virtue of the " ' Laws and A6ls of Parliament made in England before the Union, in Relation to or for the Prefer- x ' vation of the publick Peace ; by virtue of which rowers and Privileges veiled in them for th: Purpofes ' ' aforefaid, they have fufficient Authority to receive Information concerning Crimes committed within ' ' the refpeftive Counties, and to commit fuch Offenders, or take Security or Recognizance, and to do ' other neceffary Afts for the effedtual Profecution of the faid Ciimcs, in Confequence whereof the old ' Method of taking up Dittay, and exhibiting Informations againfl: Delinquents by the Strefs and porte- ' ous Roll, as the fame was grievous, is now become unneceliary ;' Be it therefore enadted by the Autho- The Manner of rity aforefaid. That from and after the faid firft Day oi May, the faid Method of taking up Dittay, and ' takingupDittajf, exhibiting Information by the Strefs and porteous Roll, fhall be and is hereby totally difcharged and; &c.aboli(hed. aboliftied to all Intents and Purpofes whatfoever ; any Law or Statute to the contrary in any wife not- .■ withftanding. ' lnform3tions, IV. And be it further enabled by the Authority aforefaid. That Informations in order to making up' &c. to be by of Dittays, Concerning Crimes to be tried in the faid Circuits m Scotland, from and after the faid firft b'hfTufti«'sin I^^y of T^ffy next, Ihall be by Prefentments to be made by the Juftices of Peace at their Qiiarter-Seffions, their Charter- or upon Informations to be taken by the Sheriffs, Stewarts, Baillies of Regalities, and their Deputies, Scfl'ions, &£. Magiftrates of Boroughs, or other inferior Judges and Magittrates within the jurifdicSion of the refpedive, Circuits, concerning fuch Crimes as are to be tried before the Lords of Jufticiary in their Circuits, in the Months of July and February yearly ; and the faid Juftices of Peace, at leaft two of them, are hereby required and authorized to meet at the head Burgh of the refpeftive Shires within which they are Juftices, andat the ordinary Place and Hour of Meeting, upon the twenty-firft Day of the faid Months oi July and February refpedively yearly, being lawful Days, or on the next lawful Day thereafter, there to receive fuch Informations as ihall be offered, concerning Matters criminal to be tried in the Circuits, and to re- vife fuch Informations as have been taken before the Time of the faid Meetings by two or more of the TheSherifFs,&c. Juftices of the Peace, otherwife than at their Quarter Meetings ; and the faid Sheriffs, Stewarts, Bailhes to meet twice m ^f jj,g Regalities, and their Deputies, Magiftrates of Boroughs, and other inferior Judges and Magiftrates ^^^ ^fu"h Inio'r- refpedlively, fhall meet upon the twenty-fecond Days of the faid Months of July and February refpec- mations, tively, yearly, being lawful Days, or on the next lawful Day thereafter, at the ordinary Places and Hour of their Meetings, there to receive fuch Informations as fhall be offered concerning Matters criminal, to jndtomakeup be tried in the Circuits ; and the faid Juftices, Sheriffs, Stewarts, Baillies of Regalities, and their De- Accounts of puties, Magiftrates of Burghs, and other inferior Judges and Magiftrates, are hereby required and autho- Crimes to be rized to make up particular Accounts of fuch criminal Fails happening within their refpeftive Bounds, tried in the Cir- ^^ ^^.^ j.^ y^^ x.neA before the refpeflive Circuits, containing the Names and Defignation of the Offenders, The Informa- the Truth ; containing alfo the Names and Defignations of the Witneffes, and Titles of fuch Writes as tions tobefigned are to be made ufe of at the Trials ; which Informations arc hereby appointed to be figned by the faid by I Juftices, &c. Juftices, or at leaft two of them, and their Clerk, or by the faid Sheriffs, Stewarts, Baillies of Regali- m tted ^o "he '•'^^' °'" ^^^ Deputies and Clerks, or by Magiftrates of Boroughs, or other inferior Judges or Magiftrates, Lord Jufi-ice ^nd their Clerks reipeftively ; and being fo figned, the refpeftive Clerks are alfo hereby required and au- Clerk, &c. thorized to tranfmit the fame, together with fuch Writes or other Evidence or Proof, as are to be made ufe of in the Trials before the Judges at the refpediye Circuits, to the Lord Juftice Clerk, or his Deputies at Edinburgh, at leaft forty Days before the holding of the refpeftive Circuit Coiirts ; that being given to her Majefty's Advocate, or fuch as difcharge that Truft in Scotland^ Libels and Indidments may be rajfed apd executed againft Parties, Affyfers, and Witneffes, according to the former Laws and Cuflom. 3 ■ V. And
 * "' ■ the Fails committed, with the Circumftances of Time and Place, and others that may ferve to difcover