Page:Ruffhead - The Statutes at Large - vol 7.djvu/151

 A. D. 1748. Anno vicefimo primo Georgii IL C. 19. 107 OS April In the Year of our Lord one tlioufand feven hundred and forty-eight, all Offences of High Treafon, offences of and Mifprifion of High Treafon, already committed, or hereafter to be committed, in the Shires of Dun- Kigh Treafon, hartalfii Sttrling, Perth, Kincardine, Aberdeen, Invernefs, Nairn, Cromariie, Argyll, Forfar, Bamjf, Slither- •■''•c. in tlie land, Caith»efs, Elgine and iJij/}, and the Shire or Stev^artry oi Orkney, or any of them, in that Part of ^^S^lands, Great Britain caWtA Scotland, maybe enquired of, heard, tried and determined in the Court of Jufticiary may be tiierf m- there, in the County, Shire or Stewartry where the faid Court fnall fit, or before fuch Commiffioners or ^ny County in '^.Aces o^ Oyer ■a.nA Terminer, and in fucli County, Shire or Stewartry within that Part of Great Britain ^'^°'-^^'^^- called Scotland, as (hall be affigned by his Majefty, his Heirs or Succeflbrs, by his or their Commiliion, un- der the Great Seal of Great Britain, in like Manner and Form to all Intents and Purpofes, as if fuch Of- fences of High Treafon, or Mifprifion of High Treafon, had been done or committed in the fame County, Shire or Stewartry where they fliall be fo enquired of, heard, tried and determined, as aforefaid. 11. And to the end that there may -be no Defeft of Jurors to enquire of, or try the faid Oflences of High furors may he Treafon, and Mifprifion of High Treafon, committed in any Part of Scotland; Be it enafled by the Au- taJ^en frorritiie thority aforefaid, That all Enquiries and Trials for High Treafon, or Mifprifion of High Treafon, com- aJjoining Siiircs. mitted or to be committed in that Part of Great Britain called Scotland, may be had by good and lawful Men, not only of the Body, of the County, Shire or Stewartry out of which they ought to come, by virtue of the Provifion aforefaid, or of former Laws, but alfo of the Bodies of the Counties, Shires or Stewartries next adjoining, or any of them; and the faid Court of Jufciciary, and the faid Commiffioners or Court of Tufti. juftices of Oyer and Terminer refpeiftively, may and fiiall iffue Procefs for that Purpofe, to the refpeotive dary and Jufti- SherifFs or Stewarts of the faid County, Shire or Stewartry out of which the Jury ought to come as afore- ^<^^ to "Tuc Pro- faid, and the Counties, Shires or Stewartries next adjoiiiing thereto, or any of them, requiring them to re- '^'^'sforthe Re^ turn fuch a Number of Jurors refpecflivcly, as to the faid Court, or the iaid Commiffioners or Juflices fhall '"'" ° >rors. feem meet ; and that in all fuch Cafes, no Challenge for the County, Shire or Stewartry fhall he allovv'ed ; No Challenge but neverthelefs upon the Trial of any fuch High 7"reafon or Mifprifion of High Treafon, the Challenge to forthe County, any Juror for not being pofiefled in his own Right, or in the Right of his Wife, of Lands or Tenements, as Proprietor or Life Renter within the County, Shire or Stewartry out of which the Jury ought to come but all other ie- as aforefaid, or within any of the Counties, Shires or Stewartries next adjoining thereto, and all other law- g'l challenges ful Challenges to Jurors fhall be allowed. ^ _ ='"°"=^' in. And be it further enadled by tlie Authority aforefaid, That three of the Lords of the Jufticiary fliall Three Lords of be named and affigned in every fuch Commiffion oi Oyer and Terminer, whereof one to be of the Quorum; th? jufticiary to and that if any Indiffment of High Treafon, or Milprifion of High Treafon, fhall be found before any ^.'j? ^'^'^5'q" fuch Commiffioners or Juftices o^ Oyer and TerTtiiner, and Requeft fliall be made by the Advocate of his I'l'j t".,'L,^;V Majelty, his Heirs or bucceilors, for ^cMand, to the Lord Chancellor or Lord Keeper, or Lords Commif- fioners of the Great Seal of Great Britain for the tim.e being, to remove fuch Indictment into the Court of Indiflments of Jufticiary in iSw/Z^W ; then tiie Lord Chancellor or Lord Keeper, or Lords Commiffioners of the Great '"S' Treafon, Seal oi Great Britain for the time being, fhall award a Writ oi Certiorari, under the faid Great Sea], di- ^f '^js ^1^"^*!- refted to fuA Commiffioners or Juftices of Oyer and Terminer, thereby commanding them, or any of them, Advccate^^maV to certify fuch Indictment into the faid Court of Jufticiary ; which Court fhall have Power and Authority, be certified into and is hereby required to proceed upon, hear and determine the fame, as the Court of King's Bench in Eng- the Ccurt of land m3.Y do upon Indiftments of High Treafon, or Mifprifion of High Treafon, removed or certified into }'^^^"^'y- the faid Court ; and in every fuch Cafe, the Trial in the faid Court of Jufticiary fhall be had by a Jury of Jurors in fuch the County, Shire or Stewartry wherein fuch Indift.nent flial! be found, or of that, and of one or more Cafes, whence of the Counties, Shires or Stewartries next adjoin'-g, and the faid Court is hereby impowered to ifllie '^° ^ ^''' Procefs for that Purpofe; and the Benefit of fuch Challenges, to any of the Jurors as are hereby before al- lowed, and none other, iliall be allowed upon every fuch Trial in the faid Court of Jufticiary. IV. Provided always. That if any Peer of this Realm fhall happen to be indifted of any High Treafon, Peers to be tried or Mifprifion of High Treafon, by Authority of this Aft, then after fuch Indiftment found, every fuch by their Peers. Peer fhall have his Trial by his Peers, in fuch Manner and Form as by Law a Peer of this Realm is to have his Trial. V. And be it further enafted by the Authority aforefaid, That all Perfons convifted or attainted of any Pcrfons convifl- High Treafon, or Mifprifion of High Treafon, purfuant to this Aft, fhall be fubjeft and liable to the fame edof HighTrea- Corruption of Blood, Pains, Penalties and Forfeitures, as Perfons convifted or attainted of High Treafon, *"" fubjea to or Mifprifion of High Treafon, purfuant to an Aft made in the feventh Year of the Reign of her late Ma- bi3''&c" jefty Queen Anne, intituled, An AS^ for improving the Union of the izvo Kingdoms. y Anns, c. ir. VI. Provided alv/ays, and be it further enafted by the Authority aforefaid. That the Provifions and The faid'ciaiifts Claufes herein before-mentioned and contained, fhall be and continue in Force for the Space of feven Years, to he in Force and from thence to the End of the then next Seffion of Parliament, and no longer. fo"'? Years. ' and Profecutions (not extending to the Lofs of Life, or to Demembration) before the Court of Juflicia- ' very inconvenient, and to occafion great Delay as well as Expence ;' Be it further enafted by the Autho- rity aforefaid. That from and after the firfl: Day oCJuly in the Year of our Lord one thoufand feven hun- The taking dred and forty-eight, it fcall and may be lawful for the faid Court of Judiciary, and the faid refpeftive down the Evi- Circuit Courts, _ to proceed in, try, and determ-ine all Caufes and Profecutions before them, for any Crime t^n'^^/n'^^,";' or Crimes, not inferring the Puuiihment of Death or Demembration, whereupon the Verdift of an Affize c'rhniMn'roiil or Jury is to pafs, upon examining and hearing the Evidence of the Witnefs or WitnefTes adduced or exa- cmicns, abro- mined in any fuch Caufe or Ptofecution wva Voce, without reducing into Writing the Teftimony of any gaied. fuch Witnefs or WitnefTes ; and that the Praftlce of taking down and reducing into Writing the Teftimony of Witneffes in fuch Cafes, be, and the fame is hereby abrogated and abolifiied. P 2 VIII. Provided
 * VII. And whereas the taking down, and reducing into Writing the Evidence given in Criminal Caufes
 * ry, and the Circuit Courts in that Part of Great Britain called Scotland, has by Experience been found