Page:Ruffhead - The Statutes at Large - vol 7.djvu/110

 66 C. 43* Anno viccTimo Georgii II. A. D. 1747. Civil cr Criminal, withirt bis Shire or Stcwartry, in virtue of fuch his OfHce ; any Law or Ufage in any ways to the contrary notvi-ithilanding. Crctiit Courts XXXI. And be it further eiiafted by the Authority aforefaid, That from and after the faid twenty-fifth to be held twice Day of March, the Circut Courts fliall be rejrularly held twice in every Year, within that Part of Greet a Ycst. Britain called Stotlavd, and the Judges thereof fhall continue by the Space of fix Days at the leafl-, at each Judges to -fit fix Town or Place where the Circuit Courts fliall be held, for the Difpatch of Bufmefs. Days at eatli 4 XXXII. And whereas a Doubt hath been entertained, whether it be lawful or competent for one Judge ' to proceed to do Bufmefs in the Circuit Courts, when his Colleague happens to be necefTarily abfent, and One Judge may ' the Juftice General not to be prefent at fuch Circuit Court;' It is hereby further enacted, That it fhall aflinihe All- and may be lawful for any one of the Judges in fuch Circuit Courts to difpatch Bufmefs whenever it fhall fence of his Col- happen that his Colleague fhall, through Indifpofition, or other necefTary Avocation, be abfent, and the league. Juftice General not be prefent at fuch Circuit Court ; any Law, Cuftom or Ufage to the contrary in any wife notwithffanding. The Weftcrn XXXIII. And it is hereby further enaflcd. That the County or Shire of Argyll, and all the Iflands, Pla- Cifcuit to take ces, Difi:ri(?c3 and Bounds lying within, or fubjecf to the Jurifdidlion of the Juificiary now vefted in, or be- in the Shire of longing to the Mofl: Noble y/rt-/>ii?'rt/i'/ Duke of yfr^fj'//, fnall be, and be deemed and taken to be within the ■^"■g)"' Limits of the Circuit called the Wefiern Circuit, or of fuch other Circuit or Circuits in Scotland, as fhall be appointed by his Majefty, his Heirs or Succeffors, purfuant to the Power herein after mentioned ; and that the Judges of the faid Circuit or Circuits fhall have and exercife the fame Jurifdiclion, Powers and Au- The Circuit thorities within the faid County or Shire of Argyll, and the Iflands, Places, Diftrifts and Bounds before- Courtto beheld mentioned refpeflively, as in any other County or Shire within the faid Circuit or Circuits ; and that the at inverary for J^Q^gh of Inverary, being the Head Burgh of the Shire of Argyll, fhall be the Place where the Circuit Court Argyll and Bute, ^^jj ^^ j^^jj ^^j^^ j^^ ^j^^ Year, for the Counties or Shires oi Argyll and Bute. XXXIV. And to the End that the Jurifdiflion of the Circuit Courts, in that Part o^ Great Britain called Scotland, may be rendered more ufeful and beneficial to his Majefty's Subjects in that Part of the United Perfons aggi-ie- Kingdom, Be it further enafted by the Authority aforefaid, That it fhall and may be lawful to and for any ved by Sentence, Party or Parties conceiving himfelf or themfelves aggrieved by any Interlocutor, Decree, Sentence or Judgment &c. of the .She- of the Sheriff's or Stewart's Court of any County, Shire or Stewartry, or of the Courts of any Royal Borough, jifts Court, pj. g^fgh of Regality or Barony, or of any Court of any Baron, or other Heretor having fuch Jurifdiclion, as is not hereby abrogated or taken away, where fuch Interlocutor, Decree, Sentence or Judgment fhall be in c.ireinal Ca- concerning Matters Criminal, of whatever Nature or Extent the fame may be, except all Cafes which infer fes, not inferring the Lofs of Life or Demembration, or in Matters Civil, where the Subject Matter of the Suit did not ex- l.ofs of Life or ceed in Value the Sum of twelve Pounds Sterling, to complain and feek Relief againfl the fame, by Appeal Demembration, ^g the next Circuit Court of the Circuit wherein fuch County, Shire or Stewartry, Royal Borough, or Burgh or in Cu'il of Regality or Barony, or fuch Barony or Eltate fhall lie, fo as no fuch Appeal be competent before a final wiere u Decree, Sentence or Judgment pronounced ; and fuch Appeal, it fhall be lawful for the Party conceiing himfelf aggrieved, to take and enter in open Court, at the Time of pronouncing fuch Decree, Judgment , ^ ^^, j^ cr Sentence, or at any Time thereafter, within ten Days, by lodging the fame in the Hands of the Clerk rhe. next Circuit of Court, and ferving the adverfe Party with a Duplicate thereof perfonally, or at his Dvvelling-houfe, or Court; his Procurator or Agent in the Caufe, and ferving in like Manner the Inferior Judge himfelf, in cafe the Ap- Cofy to be deli- peal fliall Contain any Conclufion againll him by Way of Cenfure or ReJDaration of Damages, for alledgcJ vtred to the Re- wilful Injuftice, Oppreffion, or other Malverfation ; and fuch Service fhall be fufKcient Summons to oblige (eondenis. ^j^g Refpondents to attend and anfwer, at the next Circuit Court, which fhall happen to be held fifteen Days Circuit Court to ^^ ^^^& after fuch Service ; and thereupon the Judge or Judges, at fuch Circuit Court, fliall and may pro- uroceedinafuTu- ceed to cognofce, hear and determine any fuch Appeal or Complaint, by the like Rules of Law and Juftice miry Way in as the Court of Seffion, or Court of Jufticiary rcfpeiStively, may now cognofce and determine in Suipenfions hcaringAppeals; of the Interlocutors, Decrees, Sentences or Judgments of fuch Inferior Courts; but the faid Circuit Court and award Cods fhall proced therein in a fummary Vv ay ; and in cafe they fliall find the Reafons of any fuch Appeal not to en AiSrnwncc. be relevant, or not inflruiSted, or Ihall determine againlt the Party fo complaining or appealing, the faid Judge or Judges fhall condemn the Appellant or Coinplainer in fuch Colts as the Court fliall think proper to be paid to the other Party, not exceeding the real Cofts bora fids expended by fuch Party ; and the Dc- Claufc reining cree. Sentence or Judgment of fuch Circuit Court, in any of the Cafes aforefaid, Ihall be final. CivUcti.res'in XXXV. Provided, That fo much of this A£t as relates to Appeals in Civil Caufes to the Circuit Courts I'orcc for'io ^^ aforefaid, fliall be in Force for the Space of ten Years, to be computed from the faid twenty -fifth Day of Years. March, and to the End of the then next Scffion of Parliament, and no longer. Appellant to XXXVI. Provided always, Tliat wherever fuch Appeal fnall be brought, fuch Complainer at the fame [live Security, Time hc enters his Appeal as aforefaid, fliall lodge in the Hands of the Cork of Court, from which tiie Clerk of the Appeal is taken, a Bond, with a fufticicnt Cautioner for anfwering and abiding by the Judgment of the Court anfwer- Circuit Court, and for paying the Cofts, if any fliall be by that Court awarded; and the Clerk of Court •.ilefcr tire Se- ||^,^,i y^^ a„f^t.,.able for the Sufliciency of fuch Cautioner. XXXVII. Provided always, and it is hereby enaiited by the Authority aforefliid, That in cafe fuch Cir^- cuit Court fliall, in cognofcing or proceeding upon fuch Appeal, find any fuch Diinculty to arife, that by iHine Ap?e.ii, Means thereof fuch Circuit Court cannot p"iocecd to the Determination of the fame, confiltently with Ju- to cciiify iiic ftice and the Nature of the Cafe ; in any fuch Cafe, and not otherwife, it fliall and may be lawful to and for fiich iameto the Sef- Circuit Court to certify fuch Appeal, together v,ith the Reafons of fuch Diltlculty, and the Proceedings '""■ thereupon had before fuch Circuit Court, to the Court of Seffion, or Court of Julticiary refpc£tively ; which Courts are hereby refpeiStivcly authorized and required to proceed in, and determine tiic fame. A&. of i65- XXXVIII. And be it further enaited by the Authority aforefaid. That the Act of Parliament made in extended to all Scotland, in the Year one thoufand fix hundred and fixty-three, iritltulcd, Af: tincnt the difcharging of Ad-vo- Advocatior.s, cations for Sums vAtbiii tivo hundred Alerts, fliall from and after the faid twenty-fifth Diy'oi March, be, and 3 the jlid not exceed tuiiiy. Circuit Courts jiiit able to de