Page:Ruffhead - The Statutes at Large - vol 7.djvu/108

 64 c. 43. Anno vicenmo Georgii II, A. D. T747. Hcrctors pom-f- XVIII. And it js hereby further ena£led by the Authority aforefaiJ, That every Baron or other Heretor AdofCrimin.il ^f Lands in ScoilamI, who (liali lie intitled to, or poflefled of any Criminal Jurildiciion, not hereby abro- junrdidion, not g(.gj q,. laken away, fhall and is hereby required to enter in a Book, to be kept by the Shei iff Clerk of the County within which his Lands lie (which Books the faid Sheriff' Clerks are hereby authorized and re- '"shedlTs quired to keep for thatPurpofe) the Houl'e, Room or Place which fuch Baron or Heretor hath provided or cicks.ti.cl'bce appropriated, or fliall provide or appropriate, for being ufed as a Prifon, for rendering effedual the Jurif- ppropiiated for jjj^tion competent to him by Law ; and it ihall not be lawful to fuch Baron or Heretor, or his Baillie, to caufe any Perfon to be imprifoned in any other Room or Place than what fliall be fo entered; and every fuch Houfe Room or Place fnall be fo htuated, and have fuch Windows or Grates open to Ir.fpectioa from without, as that it may be pra6ticable for any Friend of the Party irnprifoncd, to vifit, fee and con- when he fliall be fo minded ; and that every fuch hereby taken away ■ith th a Piifon None to be im. prjConed in un Prifon to liave' verfe With the' Prifoner, when he fliall be fo minded ; and that every fuch Baron or Heretor fliall, for every Windows open Offence againft this Aft, forfeit the Penalty of twenty Pounds Sterling, with Cofts, to the Party injured ; tolnfpeaion,&c, ^^^j (.j^^^ g^jj ^^j g^jj-y the Sheriffs of Shires, and Stewarts of Stev/artries, not hereby abrogated or taken Penalty 20 1. ^^3 or their Deputies, wth. Scotland, fhall, and they are hereby required to vifit and infpeft all fuch fhe'iVifon's and Houfes, Places or Rooms, as fliall be fo entered as Prilons, and to difallow and prohibit the Ufe of the fame, di allow fuch as in cafe they fiiall appear to the faid Sheriffs or Stewarts, or their Deputies refpectively, to be Places grievous aie grievous, &c. qj- unhealthy, or not agreeable to the Regulations herein before enadled. None to be com- XlXf Provided always. That from and after the faid twerity-fifth Day of March no Perfon fliall be raitted for fmal- ^onimitted to Prifon for Cuftody, in order to Trial, for any Aflaults, Batteries and fmaller Crimes, without ler Crimes but ^ Warrant or Order in Writing, expreffing the particular Caufe for which fuch Perfon is iniprifoned ; which Warrant or Order fliall be entered at large in a Book to be kept for that Purpofe ; and ExtraiSts thereof {ha-ll be tranfmitted every fix Months to the Sheriff" or Stewart Court of the County or Stewartry, in which fuch Warrant or Order fliall iffue or be executed, there to remain on Record. XX. Provided alfo, That it fliall and may be lawful to and for every Heretcr and Proprietor of Lands in Scotland, intitled by his Infeftments, or any of them, to any Fair or A'larket, to have and exercife fuch Ju- rifdi6fion as is competent to him by Law, for preferving the Peace, determining Contioverfies, and re- ftraining or correding Riots, Trefpaifes or Diforders which may arife, or be committed within any fuch Fair or "Market during the Continuance thereof; any thing herein contained to the contrary notwith- ftanding. . . XXL Provided alfo, That every Heretor or Proprietor of Lands in Scotland^ within which any Coal- works or Salt-works, or Mines of any Kind, arc or fliall be carried on, flial! and may be at Liberty to exercife fuch Power and Jurifdiflion, as is competent to him by Law, over the Colliers or Salters, or other Workmen employed in carrying on fuch Coal-works, Salt-works or R4ines ; any thing herein contained to the contrary notwithftanding. XXIL Provided always. That the Power and Jurifdiflion hereby referved to the Proprietors of Fairs or Markets, and of Coal-works, Saltworks and Mines, or any of them, fliall not extend, or be conftrued to extend, to continue or referve to them, or any of them, any Power or Jurifdiclion of trying, judging or determinincr in any Cafe whatfoever, ijiferring the Lofs of Life or Demembration ; but that all fuch Jurif- diclion and Power of trying, judging and determining, in any Cafe inferring the Lofs of Life, or Demem- bration, fliall be, and is hereby, from and after the faid twenty-fifth Day of /March one thoufand feven hundred and forty-eight, wholly taken away and abrogated. XXin. Provided always, and be it ennded bythe Authority aforefaid, That no BaiIHe or other Perfon fliall, after the faid twenty-fifth Day of March one thoufand feven hundred and forty-eight, officiate as Judge in any Baron's or other Court, for executing fuch Jurifdi(3ion as aforefaid, without firff qualifying himfelf, by taking the Oaths appointed by Law to be taken by Perfons in Offices of ptiblick Truft, and caufing a Certificate of his having done fo to be entered or regiltered in a Book to be kept for that Purpofe, by the Clerks of the Shires, Stewartries or ]5orouglif, where fuch Perfon fliall refidc ; and if any Perfon, from and after the faid twenty-fifth Day of March, ihall prefume to aft or officiate as Judge in any fuch Court of Barony, or fuch other Courts as aforefaid, without having taken the laid Oaths, and caufing the Certificate of his having duly taken the fame, to be regiftered as is above dirc£fed, every Perfon fo offend- ing, being thereof lawhilly convifled before any two or more Juftices of thePcace, or before any other Judge competent of the Place, fummarily, fhall, for fuch C)ffcncc, forfeit the Sum of ten Pounds Ster- ling ; one Moiety thereof to his Majefty, his Heirs and Succollors, and the other Moiety to the Vk of i'uch Perfon who fhall give Information of the laid Offence ; and Ihall i'ulfer Imprifonment for the Space of fix Months, unlefa or until the fame be p^iid. XXIV. provided always, and it is hereby further enatlcd, That all and every Perfon and Perfons who fliall appear to h<ive been lawfully poficlied, on the faid twenty-fifth Day oi' A/arch one tlioufand feven hundred and iorty-eight, of any fuch Jufficiary, Regality or other Jurifdifti^n hersby abr.igated, fhall, from and after the faid twenty- fifth Day of Alarch, retain fuch Jurifdiiftion of Barony, or other lower Ju- rifdiiftion, as fuch Perfon or {■'crlons would li^u'e been intiticd to, in ca(e fuch JulTic'ary, Regality or other Jurifdiflion hereby abrogated, had never been ercifled, granted or ex i fled ; (lich lower Jurifdiction jieverthehfs being always lubjed to the Regulations hereby enacted concerninj the like lower Jurifdiiftions, throughout that Part of the Kingdom. XXV. And be it further enacted by the Authority aforefaid. That no I/Cttcrs Patent, Charter or Grant, &-C. jor uniting ^^ ^^ made or granted by his Majcfty, his Heirs or Sucrrllbr-;, or by the Barons of the Court of Exchequer jnto'Baronie5"o^ i" Scotlcmd, at any Time after the fixth Day of 'June in tlie Year of our Lord one thouflind feven himdred grant Jurifdi'c- and forty-fevcii, for the uniting or ereOiiing any Lands or Tenements within that Part of Great Britiin tionsonlv it>r the called 5i:5//rt/.v/, into a Barony, j.ordfliip or Farldom, or under any other Denomination whatfoever, or for Recovery of aimexing any Lands or Tenements in Scotland to any B^'.rony, Lordfnip or Earldom, or other Diftiicff of the like Nature, under any-Dcnomination whatfoever heretofore granted or eredled, fhall be fufficicnt or avail- able by Warran prefling the Caufe, &c. Extracts to be tranfmitted to the Sheriff. Jurifdiftlons of Fans and Mar- kets teleived, Jnrifdiflionsof .Coal-works, Salt-works or Mines ref&rved. Jutifdiflions of fairs, Coal- works, &c. re- ferved, not to extend to Life, tir Demembra- , tion. Judges in Ba- rons or ether Courts to take -.the Oaths, .End regifter a Certificate. Penalty 10 I. 4yr 6 Months Im- -prifonment, Jurifdiflions of Barnntcs, &c. .relervcd. Letters Tatcnt, Rents and Du -ties, a:c.