Page:Ruffhead - The Statutes at Large - vol 7.djvu/233

 A. D. i749« Anno vicefimo fecundo G E o R G 1 1 II. C. 48. 189 tice to be given in the feveral Parifh Churclies v/ithin the faid Diftriil, by the Parifli Clerks thereof, im- mediately after Divine Service, on the Sunday Morning next before fuch R'leeting is to be held, fuch Sunday beinc; at leaft four Days before the holding of fuch Meeting, and examine into the Merits of fuch Com- plaint; and if it {hall then appear to fuch Commiffioners, or the major Part of them, that ftich Clerk or Clerks have or hath been guilty of a grofs A4ifbehaviour, or Breach of Duty, in his or their Office, that then it fliall and may be lawful to and for the faid CommifSoners, or the major Part of them, to fufpend or remove fuch Clerk or Clerks from his or their faid Office, and to eXtSt and choofe another Perfon or Perlbns in his or their Room. XVI. Provided always. That this Aft, or any Thing therein contained, fhall not extend to any Debt Li'mUatlon with for any Rent upon any Leafe of Lands or Tenements, or any other real Contracts, nor to any other Debt ^^[V^^ '" ■:«'■- that {hall arife by reafon of any Caufe concerning Teflament or Matrimony, or any Thing concerning or '^'" ' "' '^'' properly belonging to the Ecclefiaftical Court, albeit the iame {hall be under forty Shillings ; any thing be- fore contained to the contrary in any wife notwithftanding. XVII. And be it enacted by the Authority aforefaid, '1 hat if any Aftion or Suit fhall be brought or com- Limitation of menced againlt any Perfon or Perfons for any Matter or Thing done or to be done in purfuance of this Aftions. AQ.; then, and in fuch Cafe, fuch AiSlion or Suit {hall be brought or commenced within three Calendar Months next after the FaiS committed, and not afterwards ; and the Defendant or Defendants in fuch Ac- tion or Suit to be brought, {hall and may plead the General Ifl'ue, and give this Acl, and the Special Mat- General iffue, teT in Evidence at any Trial to be had thereupon ; and if the Plaintiff or Plaintiff's {hall become nonfuited, or difcontinue his or their Adfion or Aflions, Suit or Suits; or if upon Verdift or Demurrer Judgment fhall be given againfl the Plaintiff" or Plaintiffs, the Defendant or Defendants {hall and may recover Treble Treble Cods, Cofts, and have fuch Remedy for the fame, as any Defendant or Defendants hath or have in any other Cafes by Law. XVIII. Provided always, and be it further enaded by the Authority aforefaid. That the Affirmation or Q^^akcrs Affir- Affirmations of the People called ^iiakers,Q be allowed of and taken in all Cafes where any Oath or Oaths mation allowed; is or are direfted to be taken by this Aft, inftead of fuch Oath or Oaths ; and {hall be adminiflered by the fame Perfons, as fuch Oath or Oaths is or are to be adminiflered ; and every Perfon making fuch Affirmation, Penalty on falfe who {hall be convifted of wilful and falfe Affirming, fhall incur and fufFer the fame Penalties and Forfei- Affiroiing. tures, as are inflifted and impofed by any Laws and Statutes of this Realm, upon Perfons convifted of wilful and corrupt Perjury. ■XIX. And be it further enafted by the Authority aforefaid. That this Aft Ihall be deemed, adjudged PubUdc Aft. and taken to be aPublick Aft; and be judicially taken Notice of as fuch by all Judges, Juflices and all Explained and other Perfons whatfoever, without fpecially pleading the fame. amended by CAP. XLVIII. An hSi to afcertain and eftabliOi the Method of Proceeding to and upon Outlawries for High Treafon, and Mifprifion of High Treafon, in Scotland. ' T7HEREAS by virtue of an Aft of Parliament made in the feventh Year of the Reign of her late ^ Anna:, c ir, '- VV Majefty Queen Anne, intituled. An Ail for improving; the Union of the ttvo Kingdoms, all Pro- ' ceedings upon Indiftments for High Treafon or Mifprifion of High Treafon, committed in Scotland^ ou:;ht ' ceeding in Scotland to outlaw Perfons, againft whom Bills of Indiftment are or may be found there for ' Courts of Juftice England and in Scotland, and of the different Kinds of Officers to carry the fame Order and Method of Proceeding to Outlawry againfl Perfons who have been, or {liall be indifted for High Treafon, or Mifprifion of High Treafon, in Scotland; Be it enafted by the King's moft Excellent Majeily, by and with the Advice and Confent of- the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame. That in cafe any Perfon or Perfons is, are or fliall be indifted for High Treafon or Mifprifion of High Treafon, before any Court of Juftice in Scotland,. The Court, Be* having Jurifdiftion to take fuch Indiftments, and {hall not be in Cuftody for the fiime, the Court wherein jndlamen't ftr fuch Lididtment is or fhall be found, or to Vvfhich the fame is or fhall be duly certified, {hall have full Power High Treafon and Authority, and are required, to iffue one Writ of Capias againft the Perfon or Perfons fo indicT:ed, be- er Mifprificn ing fo out of Cuftody as aforefaid, direfted to the Sheriff' or Stewart of the County, Shire or Stewartry, ftali be found, wherein fuch Indiftment is or fhall be found, and made returnable in the fame Court, forty-two Days at [? '.^'"^"^ the leaft after the Tefte thereof, or a longer Time, by the Difcretion of the faid Court, if the Cafe re- the^i^!r-'y'ij"not quires it ; which Writ {hall be delivered to fuch Sheriff or Stewart, who fhall endeavour to find and appre- in Cuftody, &c,. hend the Defendant or Defendants named in fuch VV^rit, within his County, Shire or Stewartry ; and if the Defendant or Defendants {hall be named in the faid Writ of any Parifn or Place which lies in any County, Shire or Stewartry, other than that in which fuch Indiftment fhall be found, then the faid Court fliall ifTue oiie other Writ oi Capias to the Sheriff or Stewart of fuch other County, Shire or Stevv'artry, of the fame Tefte, Return and Import with the faid firft-mentioned Writ oi Capias ; and if fuch refpeftive Sheriff* or Stewart {hall return to both the faid Writs, or to the faid firft-mentioned Writ oi Capias (in Cafes where only one {hall be neceflary to be iiTued) that the faid Defendant or Defendants is or are not to be found within the refpeftive Counties, Shires or Stewartries of fuch Sheriff or Stewart, then the fame Court fhall ifllie two other Writs, the one a Writ of Proclamation, the otlier a Writ of Exigent, and tefted the Day of the Return of the faid Writ or Writs oi Capias, and direfted to the Sheriff" or Stewart of the County, or Writs of Pr<>- Shire or Stewartry in which the Pari{li or Place, Houfe or Eftate of which the Defendant or Defendants is, ciamstmn .ini
 * to be according to lhtj7iws oi E?ig! and: And whereas Doubts may arife touching the Method of Pro-
 * High Treafon or Mifprifion of High Treafon, by reafon of the Different Forms of Proceedings of the
 * into Execution :' Now, in order to remove all fuch Doubts, and to effablifli one certain, clear and plain