Page:Ruffhead - The Statutes at Large - vol 7.djvu/111

 ' Places in Scotland^ to which the Judges have not hitherto ufed to go ;' Be it enadled by the Authority afore- fuid, That it fhall and may be lawful for his Majefty, his FIcirs and Succeflbrs, by an Order to be made in A. D. i'74.7. Anno vicefimo Georgii If. C. 43, 67 the fame is hereby extended to the Cafe of all Advocations, in Caufes not exceeding the Value of twelve in CnnTcs not Pounds Sterling. _.. exc«jing,iii, ' XXXIX. And whereas it will be for the evident Utility of the Subjcfts within Scotland, and for the His Majefiy to more effeftual Adminiftration of Juftice there, that the Circuit Courts fliould be held in fome Parts and mnke Order for a new Divi- iicn and Diflr:- his or their Privy Council, to make a new Divifion and Diftribution of the Circuits in Scotland^ or any of c^'cy". ^ ■'^s them, and to appoint and allot what Counties, Shires, Stewartries, Places, Diftrifis and Bounds, {hall be i^^, ' comprehended Within any fuch Circuit, and at what Times and Places the Circuit Courts (hall be held - reipe<3'ively for ever after ; and fuch Order fo to be made as aforefaid, fhall be duly performed, obferved and obeyed ; and, the Judges, in fuch new Circuits fo to be appointed, fhall have, exercife and enjoy the fame Jurifdiftion, Powers, Authorities and Privileges, as by virtue of any Law now in Force, or by this Aft, are or would be competent to the Judges in the Circuits already eflrablifhed in Scotland, or any of them. XL. Provided always. That Circuit Courts fhall continue to be held at fuch Towns, as are appointed Circuit Courts t9 for keeping and holding of Circuit Courts, by an A<3: of Parliament made in the Year one thoufand jix huii- lie lield in the dred and (eventy-two, intituled, ASi concerning the Regulation of the "Judicatories, or by this Aft, but with- Towns appoint- out Prejudice to the Power hereby vefled in his Majeity, his Heirs or Succeflbrs, to diminifli, augment or jg ^^ ^f^ °^ alter the Diftrifts, for which fuch Circuit Court fhall be held, purfuant to the Provifion herein before made; ' and the Court of Seffion in Scotland is hereby direfted and required to take into their Confideration what Fees they fhall judge reafonablc, to be paid to the Clerks, or other Officers oiHciating in the Circuit Courts, or in the Courts of Sherifrs or Stewarts in Civil Caul'es, and regulate the fame by one or more Aft or Afts of Sederunt, on or before thefaid twenty-fifth Day o^ March one thoufand feven hundred and forty-eight ; which fhall be binding upon all Parties concerned, unlefs or until the fame fhall be altered by Aft of Parliament; Officers Fees to and the Court of Jufticiary fhall in like Manner take into their Confideration what Fees they fhall judge rea- ''^ regulated by fpnable to be paid to the Clerks, or other Officers ofEciating in the Circuit Courts, or in the Sheriffs or j^fif^^*™ ^""^ Stewarts Courts, in Criminal Caufes, and fhall regulate the fame by one or more Aft or Afts of Ad- ""^" journal, on or before the faid twenty- fifth Dilj oi March, which fhall in like Manner be biridiiig on all Parties concerned, unkfs or until the fame be altered by Aft of Parliament. ' XLL And whereas it hath been found by Experience, that the Regulation concerning Trials in the Regulation of ' convenient,' Be it therefore enafted by the Authority aforefaid. That fo much of the faid Aft as dircfts, '^'"vby an Aft that after the Debate of the Relevancy is ended, the King's Advocate or Advocates, or Procurators for the pf^jfj ' '"^' Purfuer, and for the Pannel refpeftively, fnall give in to the Clerk Liformations in Writing, to be recorded in the Books of Adjournal, to be read in open Court at advifing, be and is hereby repealed ; and that in Reguhtions to Place thereof, and of the ancient Ufe and Cuflom obferved in that Court, of Advocates or Procurators •"= <'<=>'^'<==i j-i diftating, and the Clerks writing of the Debate on the Relevancy, which Ufe and Cufcom is by the faid Aft P'^" o*; thole difcharged and laid afide, the Pannel fhall give in to the Clerk of the Court the Day before the Trial, in '^P" ^• Writing, fubfcribed by the Pannel, or one of his Procurators, fuch Account of the Fafts, relating to the Matters charged upon him in the Libel or Indiftment, and thereto briefly fubjoin the Heads of fuch Ob- jeftions or Defences, as he fliall think fit or be advifed to make at his Trial, and that after the Debate on the Relevancy, viva voce, the Minutes whereof fhall be taken down, or made up in the fame Manner in the Jufticiary Court at Edinburgh, as is now praftifed at the Circuit Courts, or in the Court of Seffion, it (hall be lawful for the Court forthwith to pronounce their Interlocutor upon the Relevancy, and to proceed to the Trial, or to adjourn their Interlocutor upon the Relevancy, or the Trial, to a further Day, as they fhall fee Caufe. XLII. Provided always, That it fhall and may be lawful for the faid Court of Jufticiary, in the Trial of Rules to beofa- -sny Crimes or Off'ences, other than High Treafon, to direft by a fpecial Order for that Purpofe, in fuch ferved by the Cales as for their Difiiculty or Importance fhall appear to require fuch Direftion, that Informations in Wri- Juftii^iaiy, ting be given in by the Procurators for the Purfuer and the Pannel refpeftively, in any Part of the Trial "j^p'^J^"?'*''"'-- where Qiieftions of fuch Diffictilty fliall occur, whether, after the Debate op the Relevancy of the Libel, "ur. ' '^" ^^ "'•'■ or of the Defences, or on the Import of a Special Verdift, or on the Degree of Punifliment, or Extent of the Pains of Law for the Crime libelled, or upon any Matters that fliall be alledged for the Pannel before Judgment. XLIII. And be it further enafted by the Authority aforeflid. That from and after the faid twenty-fifth Sheriff's Fines Day of March in the Year of our Lord one thoufand feven hundred and forty-eight, no Fines, Forfeitures aboliihed. or Penalties, fet, impofed or recovered in the Sherifi-"'s or Stev/art's Court of any County, Shire or Stew- artry in Scotland, fhall accrue, go or belong to the Sheriff'" or Stewart, or any Sheriff Depute or Stewart J"'^g^*F'"" •" Depute, but all Shares of fuch Fines, Forfeitures arid Penalties, as heretofore went to the Judge, fhall ac- t'^f '"'" ° crue and belong to his Majefty, his Heirs and Succeflbrs, and fhall be accounted for, and paid into the Ex- t,'^'', T" chequer of Edinburgh, in like Manner, and the like Procefs, Pvules, Orders and Tv/Iethods of Proceeding, ft^v^d in I'l'" fhall be ifllied, obferved and ufed for levying the fame, and compelling the accounting for, bringing in and ing, &c. '^"^ paying the fame into the (iid Excheouer, as are now competent by Law for the accounting for, levying, bringing in and paying into the faid Exchequer any Fines, Forfeitures and Penalties accruing or becoming due to his Majefty ; and that from and after the faid twenty-fifth D;iy of March, no Fees, Poundage or ^^"'^'"'^^"'"''"^J' Profits, commonly called Sentence-money, ftrall be received, taken or demanded by any Sheriff" or Stewart, ^^'^ Sheriff Depute or Stewart Depute, or any of their Minifters, Officers or Clerks, but all fuch Fees, Pound- age or Profits, commonly called Sentence-money, are hereby utterly taken away, difcharged and aboliftied ; : any Law, Cuftom, Gift, Grant, Ufage or Praftice to the contrary in any wife notv/ithftanding. XLIV. And be it further enafted by the Authority aforefaid, That from and after the twenty-ninth Bay Ascms, &c. to " of Septci/ilicr one thoufand feven hundred a,nd forty-ieven, it fhall jiot be lawful for any Peif<?,n v/hatfoever in take the Oaths. •cv ^ Scdland
 * Court of Jufticiary in Scotland, introduced by the fourth Aft of the Parliament of Scotland, held in the Trials in the
 * Year one thoufand fix hundred and ninety-five, intituled, ASl anent the Jii/lice Court, is unneceffary and in- Court of Jufii-