Page:Ruffhead - The Statutes at Large - vol 7.djvu/109

 A. D. 1747. Anno vicefimo Georgii II. ^ C. 43, 65 able in Law to pafs, grant or convey to the Grantee or Grantees therein named, or any .other Pcrfon or Perfons whatfoever, any greater or other Jurifdiftion, than for recovering and uph'fting from the Vaflals, Tenant or Polfeiror of the Lands and Heretages of the Proprietor of fuch Barony, Lordfhip or Earldom, the Mails and Duties, or Rents and Profits thereof, or for Recovery of the Multures or Services payable or preftable to their Mills; and that all Letters Patent, Charters, Gifts and Grants of any of the Premilles, Grant? con- to be made contrary to the true Intent and Meaning of this A6t, Ihall be, and they are hereby enaded and ^'^-^ *° '"" declared to be null and void. ... ' - XXVI. Provided always, and it is hereby further enadied, That nothing in this Aft faall extend, or be jurTJiaions conftrued to extend, to take away, extinguifh or prejudice any Jurifdiclion or Privilege, by Law vefted in or -vcftedin Royd competent to the Corporation or Community of any Royal Borough in Scotland; and that all fuch Jurif- Boroughs re- diftions, Privileges and Immunities as are by Law vefted in or competent to fuch Royal Boroughs, or any '■=""*• of them, whether within or without the Royalty of fuch Boroughs refpedlively, are and ihall be faved and referved entire to them, or any of them, in fuch and the fame Manner, to all Intents and Purpofes, as if this Aft had not been made. XXVII. Provided always, and it is hereby further enafted. That nothing in this Aft contained fhall ex- Cumulative Ju-' tend, or be conftrued to extend, to take away, extinguifh or prejudice any Jurifdiftion, Authority or Pri- fi'^i'^jons veiled vilcge, by Law vefted in, or competent to the Corporation or Community of any Burgh of Regality, or of '"^""■E^'^f^^-'^- Barony in Scc-tland, or to the Magiftrates of any fuch Burgh refpeftively, which are independent of the fe,."ed'. '^' Lord of Regality or Baron refpeftively, except any Power or Priviledge of repledging from the Sheriff's or Exception. Stewart's Court, or any other of the King's Courts ; and from and after the faid twenty-fifth Day of March, the Jurifdiftion hereby referved to fuch Corporation or Community, or the Magiftrates thereof, ihall be, and be deemed and taken to be cumulative only. XXVIII. And be it further enafted by the Authority aforefaid. That from and after the twenty-fifth Cffi:ers execu- 'l Day of yI-'/(7/r/j one thoufand feven hundred and forty-eight, in the Execution of Poyndings, within that "S P°}n<n?Si Part of Great Britain called Scotland, it fliall and may be lawful for the Officer executing fuch Poyndings, ^ ""i" ''"^ to carry the Goods poynded, or Samples thereof, in fuch Cafes where the carrying of Samples is praftifed, to°the Market "^^ to the Market Crofs of that Royal Burgh, or Burgh of Regality, or Barony (as well fuch whereof thejurifdiftion Crofsof thenext is hereby abrogated or regulated, as thofe whereof the Jurifdiftion is faved entire) which fhall lie neareft to the Royal Burgh, Place where fuch Poynding was inchoated, which fhall be as fufficient to all Intents and Purpofes, as if fuch ^"'^• Goods or Samples as aforefaid had been carried to the Market Crofs of the Head Burgh of the Shire ; any Law, Cuftom or Ufage to the contrary notwichftanding. ' XXIX. And whereas it isrea bnable. That fome further Regulation fhould be made relating to the Sheriffs Regulations re- there {hall be but one Sheriff Depute, or Stewart Depute, in every County, Shire or Stewartry in Scotland, '^'°'":l> ^'"^ ^^'^ . not hereby taken away or abrogated, and that he fhall be an Advocate of three Years ftanding at the leaft, offi4*'^"°"^ ° and Ihall, during the Space of feven Years from the faid twenty-fifth Day of Afarch, be nominated and ap- pointed by his Majefty, his Heirs or Succeffors, by Warrant under his or their Sign Manual, with fuch Continuance as his Majefty, his Heirs or Succeflcirs fhall think fit ; and that after the End of the faid feven Years, the Offices of Sheriff^ Depute, and Stewart Depute, (hall be granted and held ad Fiiarrr ant Culpam -^I'crcd iy i% only, with competent Salaries, to be afcertained and eftablifhed for the Time of their Continuance ; and ^ -• <■■ 7- that every fuch Sheriff Depute or Stewart Depute, fhall have Power to nominate and appoint one or more Perfon or Perfons to aft as Subftitute or Subftitutes under him throughout the whole County, Shire or Stewartry, or within fuch Parifhes or Diftrifts thereof, as fliall be exprefled in the Commiflion of fuch Subftitute or Subftitutes during his Pleafure, for whom he fliall be anfwerable ; and fuch Subftitute and Subftitutes are hereby required to take and fubfcribe openly, in fuch Sheriff's or Stewarts Courts refpeftively, the Oaths appointed by Law to be taken by Perfons in Offices of publick Truft, to be there recorded, be- fore he or they enter upon his or their Office or Offices ; and that it fhall and may be lawful for all Sherifts Depute and Stewarts Depute, and their Subftitutes, to hold their Courts at any Time in the Year, as well during the Vacation of the Court of Seflion, as during the Sitting thereof, without any Difpenfation from the faid Court ; any Law, Cuftom or Ufage to the contrary in any wife notwithftanding ; and that it fhall and may be lawful for the faid Sherifts Depute or Stev/arts Depute, not only to hold the ftated Courts at their Head Boroughs, but alfo to hold itinerant Courts, at fuch Times and Places, within their refpec- tive Jurifdiftions, as they fliall judge to be expedient, or at fuch Times and Places, as they fliall be di- refted or ordered by his Majefty, his Heirs or Succeffors, by V/arrant under his or their Sign Manual ; which SheriiTs Depute or Stewarts Depute, are hereby required to caufe Notice to be given, within a reafonable Time before fuch itinerant Courts fhall be held ; which Notice they fhall caufe to be publifted at the feveral Parifh Churches within the Diftrift for which the fame are to be fo held ; and that every fuch Sheriff Depute and Stewart Depute, fliall be and refide perfonally within his County, Shire or Stewartry, during the Space of four Months at leaft in the Year ; and that it fhall not be lawful for any Sheriff" Depute or Stewart Depute to advife, plead, or othervvife aft as an Advocate before any of the King's Courts at Edin- burgh, or at the Circuit Courts, in any Caufe, Civil or Criminal, arifing within, or coming from his County, Shire or Stewartry ; and that in cafe any fuch Sheriff" Depute or Stewart Depute fliall not fo refide, or fhall fo advife, plead or otherwife aft as an Advocate, or fhall be guilty of any grofs Mifbehaviour, or Ncgleft of Duty, every fuch Sheriff" Depute or Stewart Depute, being conviftd of any fuch Offence, upon a Summary Trial before the Court of Scfiion, at the Suit of his Majefty's Advocate for the time being, or at the Suit of any four or more of the Freeholders intitled to vote in Eleftions of Members to ferve in Par- liament for fuch County, Shire or Stewartry, fliall be deprived of his Office. XXX. And be it further enafted by the Authority aforefaid. That from and after the faid twenty-fifth f^'sh Sheriff?, Day of Alarch which fliall be in the Year of our Lord one thoufand feven hundred and forty-eight, it Ihall *'^' ""' '" '"''^.^ not be lawful for any Principal, or Pligh Sheriff!", or Stewart in Scotland, perfonally to judge in any Caufe, -'" ,^"' Vol.. VII. . K. Civil
 * Courts in that Part of Great Britain called Scotland,' Be it further enafted by the Authority aforefaid, That I»ti"g to Sherifts