Page:Ruffhead - The Statutes at Large - vol 7.djvu/234

 1 90 C. 48. Anno vicefimo fecundo Georgii II. A. D. 1749. Manner of Exe.are or flial! be named or defcribed in the faid Indidlment lieth ; and fuch Writs fhall be both returnable on cution, and lafl: one and the fame future Day, and fhall be delivered to fuch Sheriff or Stewart, who fhall execute and le- Retmii of the fmu the fame in the Manner following (that is to fay) By virtue of the faid Writ of Proclamation, the ^""' faid Sheriff or Stewart fliall caufe the faid Defendant or Defendants to be proclaimed three Times (that is to fay) once at the Court of the Sheriff or Stewart Depute of fuch Shire or Stewartry, and a fecond Time at the Qtiarter-Seflions of the Peace to be held for the fame County, Shire or Stewartry, and a third Time near to the Church Door, or if there fhall be no Church, in fome publick Part of the Parifh or Place of which the faid Defendant or Defendants fhall be named or defcribed in the faid Indictment, between the Hours of ten of the Clock in the Morning, and two in the Afternoon, and fuch third Proclamation fhall be made twenty-eight Days at leaft before the fifth and lafl S!:eriff s or Stewart's Depute Court, at which the faid Defendant or Defendants are to be called by virtue of the faid Writ of Exigent, in the Manner herein after-mentioned; and by virtue of the faid Writ of Exigent, the faid Sheriff or Stewart fhall caufe the De- fendant or Defendants to be called to appear at each of the five ruccefTive Courts to be held by the Sheriff or Stewart Depute for the faid County, Shire or Stewartry ; and if the Defendant or Defendants fhall not appear and furrender himfelf or thenifelves, fo as to be forth coming to Julfice at fome one or other of the faid Courts, at which he or they fliall be fo proclaimed or railed ac aforefaid, the faid Sheriff or Stewart De- pute fhall, at the lail of the faid five Courts, pronounce JudgmeiU of Outlawry againfl him, her or them, and fhall fign fuch Judgment of Outlawry; and the Sheriff or Stewart of fuch County, Shire or Stewar- try, (hall return the fame, and the Writs of Proclamation and Exigent, into the Court from whence the fame fliall iffue, together with Indorfements on each, cei tifying that the faid Sheriff or Stewart has done every Thing required of him by the faid Writs, and that the Defendant or Defendants did not appear (if ■D;feni3ants not that fhall be the Cafe) and thereupon fuch Defendant or Defendants (hall be and be deemed to be outlawed appearing, to be for fuch High Treafon or Mifprifion of High Treafon refpeftively, according to Law, to all Intents and outlawed, and Purpofes whatfoever ; and the Defendant or Defendants fo outlawed for High Treafon, (h.ill b:- and be attainted. deemed to be attainted of fuch High Treafon as is or (hall be mentioned and contained in fuch Indii5L.nent, and (hall be fubjeiif and liable to fuch and the like Execution and Corruption of Blood, and to fuch and the like Pains, Penalties, Forfeitures and Proceffes, with refpect to their Eflates Real and Perfonal, move- able and immoveable, to which Perfons attainted of High Treafon are by Law fubjecl and liable ; and the Defendant or Defendants fo outlawed for Mifprifion of High Treafon, (hall be fubje£f and liable to all fuch and the like Forfeitures, and to all fuch and the like Proceffef, out of the Court where the faid Writ or Writs, Proclamation or Proclamations, and Judgment of Outlawry (hall be returned, and alfo out of the Court oi Exchequer in Scotland, to fcize and take the Perfon and Eftate, and Goods moveable and immove- able. Real and Perfonal, of fuch Defendants fo outlawed for Mifprifion of High Treafon, as Perfons out- Out' awed Per- lawed according to the Law of England for Mifprifion of High Treafon are liable and fubject to ; and all fons to have the Defendants outlawed for High Treafon or Mifprifion of High Treafon, in Scotland, fhall, as near as can Remedies allow- be, have all fuch and the like Writs, Means, Methods, Remedies and Advantages, in fuch and the like o ng an • ^^^^ ^^^^ Outlawry, as may be had by the Law and Ufage oi England in the like Cafes (excepting fo far a's The Writs, the Forms of Proceeding are varied and fettled by this A6f ) ; and all the Writs herein before-mentioned, with with the Re- jj^g Returns thereof, and Judgments of Outlawry, fliall be recorded and preferved in the Court to which lawries"to i^-' '"^^ ^"^^^ Writs fhall be returned, unlefs removed by due Courfe of Law. recorded. " H. And whercas the Courts of the Sheriff or Stewart Depute in Scotland, are not held at certain ftatcd Five fuccc-flive Times, which might occafion Uncertainty and Delay in the before-mentioned Proceedings, Be it ena<£fed Courts to be by the Authority aforefaid. That fuch Sheriffs or Stewarts, to whom the faid refpe(5live VVrits of Procb- hcld by tbeShe- niation and Exigent (hall be direfled and delivered, fliall, and they are hereby impowercd and required forth- rift to whom with to caufe five fucceflive Courts of the Sheriff" or Stewart Depute to be held for the Purpofes before- fta'ubedhe'ald"^"*'"^*^' '" '""'^'^ Manner as (hall be neceffary for the due Execution of the faid Wiits, three Days No- ' tice being firft given, before the firff Court, at the Head Borough of the County or Stewartry, of the Times and Places where fuch Courts fhall be held ; and the firif of the faid five luccellive Courts, at which the Defendant or Defendants is or are to be called by virtue of the Writ of Exigent, Uiall be held within twenty Days after the Delivery thereof to the Sheriff or Stewart, and each of the four fucceffive Courts (hall be held at the End of four Weeks from the Court preceding. Forms of the III. And be it further enafted by the Authority aforefaid. That all the faid Writs ofCatiias, Proclama- feveral y/rhs, tion and Exigent, fhall be in the Name of his M^ijcfty, his Heirs and Siicccffors, under the Seal of fuch andtheirEjce- Courts from whence the fame fliall iffue, and fuch Writ o( Capias fhnll contain a Command to the Sheriff Wr'it"of Capias. °'' Stev-zart, to take the Defendant or Defendants, and bring him, her or them before the Court whence the Writ of Pfccla'- faid Writ fhall iflue, at a certain Time and Place therein to be mentioned ; and the Writ of Proclamation niatiun. fhall command fuch Sheriff or Stewart to take the Defendant or Defendants, and have him, her or them before fuch Court, at a certain Time and Place therein to be mentioned ; and if he, flie or they carrot be found within his Shire or Stewartry, then to caufe publick Proclamation to be made in the Court of the Sheriff Depute or Stewart Depute, at the General Q^iartcr-Seflions of the Peace, to be held for the fame Shire or Stewartry, and at the Door of the Church or Place, or if no Church, at fome open Part of the place, of which fuch Defendant or Defendants is, are or fhall be named or defcribed in fuch Indiftment, that he, flie or they be before the Court from v.-hencc fuch Vrit fhall iifue, at a certain Time and Place Writ of Exigent. therein to be mentioned; and the faid M'^rit of Exigent fhall contain a Command to the Sheriff or Stewart, to caufe the Defendant or Defendants to be called, from Court to Court of the Sheriff or Stewart Depute, until he, flie or they be outlawed ; and if he, (he or they fhall appear, then to take him, her or them, and have his, her or their Body or Bodies before the Court, whence fuch Writ of Exigent (hall iffue, at a certain Time and Place therein to be mentioned, to aiifwcr to his iiiijefly, his Keii's or Succeffors,, for the Crime of which he, flie, or they is, are or fhall be iiidided, IV. And
 * fE'"'rd^"^ Manner and Time, and on fuch and the like Terms and Conditions, for avoiding, falfifying or reverfing