Affirmation of Quakers to be admitted.

When Person

indicted pleads Guilty, Jury to be dispensed with.

Verdict of Jury how to be received.

Jurisdiction of the Court.

Admiralty and Sheriffs Courts to proceed to Trial without reducing the Evidence to Writing.

F

XIII. And be it enacted, That every Quaker who shall be quired to give Evidence in any Criminal Cause or Prosecuts shall, instead of taking the Oath in the usual Form, be perm to make his or her solemn Affirmation or Declaration, in Words following; videlicet, I do solemnly, sincerely, and tr 'declare and affirm;' which Affirmation or Declaration sha of the same Force and Effect, in all Courts of Justice, as if s! Quaker had taken an Oath in the usual Form; and if any Qu making such Affirmation or Declaration shall be convicted of t ing affirmed and declared any Matter or Thing in such a Way if the same had been sworn to in the usual Form it would amounted to Perjury, every such Offender shall be subject to a same Punishment to which Persons convicted of Perjury r liable; and if any Quaker shall refuse to make such Affirmat and Declaration, or having made the same shall refuse to p Evidence, or shall wilfully conceal the Truth, or be guilty of w Prevarication, such Quaker shall be liable to the same Pains Law which apply to such Offences respectively when an Oath administered.

XIV. And be it enacted, That when, after an Interlocutor Relevancy shall have been pronounced, a Person indicted bei any Criminal Court shall plead Guilty to the Crime or Crimes which such Person is accused, it shall no longer be necessary: name a Jury for the Purpose of deciding on the Guilt of su Person, but the Court before which such accused Person sh be tried shall, upon such Confession being made, have Powe forthwith to pronounce the Sentence of the Law in the s Manner as if a Verdict of Guilty had been returned: Provide always, that such Plea of Guilty shall be made in open Court, and shall then and there be subscribed by the Pannel, or by the Par nel's Procurator, and shall be authenticated by the Signature the Judge.

XV. And be it enacted, That Verdicts in Writing shall discontinued in all Cases when the Verdict is returned before the Court adjourns; and when on a Trial before the High Court of Justiciary at Edinburgh, a Jury shall retire to consider of the Verdict, it shall be sufficient that One Judge shall remain in Cort to receive the Verdict, which Judge shall have Power to see the Verdict duly recorded when delivered, and to dismiss the Jur and to assoilzie the Pannel, if not convicted by such Verdict; b if the Pannel shall be found guilty, or the Terms of the Verdic be such as may appear to require Consideration by the Cour such Judge shall continue the Diet, and commit the Pannel to Prison.

XVI. And be it enacted, That the cumulative Jurisdiction of the High Court of Justiciary, with that of the High Court of Admiralty, shall extend to all Crimes and Offences whatsoever now competent to be tried in the said Court of Admiralty.

XVII. And be it enacted, That it shall and may be lawful for the High Court of Admiralty and for the Court of the Sherf respectively, to proceed in, try, and determine all Causes and Prosecutions for Crimes before them, where the Trial is by Jury, by Verdict of such Jury, upon examining and hearing the Evi dence of the Witness or Witnesses in any such Cause or Prose

Notes.

tion viva voce, without reducing into Writing the Testimony of y such Witness or Witnesses, in the same Manner and according the same Rules as are observed in Trials before the Court of isticiary; and it is hereby provided, that the Judge trying such Judges to preauses or Prosecutions shall preserve and duly authenticate the serve and auotes of the Evidence taken by him in such Trial, and shall ex- thenticate their bit the same, or a certified Copy thereof, in case the same ould be called for by the Court of Justiciary. XVIII. And be it enacted, That in Trials of Crimes before the heriff or other inferior Court in Scotland, without a Jury, no irt of the Proceedings, which is not in use to be taken down in riting in Trials by Jury shall be so taken down, excepting only e Depositions of Witnesses.

Certain Pro

ceedings not to be taken down in Writing.

Summary Form of Proceeding in certain

Cases.

XIX. And be it enacted, That in the Prosecution of Criminal ffences before Sheriffs of Counties in Scotland, where the Procutor shall, in his Libel, conclude for a Fine not exceeding Ten ounds, together with Expences, or for Imprisonment in Gaol or Bridewell, not exceeding Sixty Days, accompanied, when neessary, with Caution for good Behaviour or to keep the Peace or a Period not exceeding Six Months, and under a Penalty not xceeding Twenty Pounds, it shall and may be lawful to proceed > try such Offences in the easiest and most expeditious Manner, ithout the Pleadings or Evidence being reduced into Writing: 'rovided always, that a Record shall be preserved of the Charge Record to be nd of the Judgment, including the Names of the Witnesses ex- preserved. mined on Oath, unless where the Accused pleads Guilty, which hall be made to appear; and the said Record shall also set forth, f the Prosecutor or accused Party desire it, any Offer of Proof nade by either of those Parties, and refused to be admitted; and ikewise, if so desired, any Objections to the Admissibility of Evilence sustained or repelled by the Court; which Record shall be in the Form contained in the Schedule annexed to this Act, and there designated by the Letter C.

Sheriff to preserve Notes of Evidence.

XX. And be it enacted, That the Sheriff so trying any such Offence shall preserve a Note of the Evidence taken by him on such Trial, and shall exhibit the same, or a certified Copy thereof, in case the same should be called for by the Court of Justiciary. XXI. And be it enacted, That all Warrants of Imprisonment Warrants of for Payment of Penalty, or for finding of Caution, shall specify a Imprisonment Period at the Expiry of which the Person sentenced shall be dis- to specify the charged, notwithstanding such Penalty shall not have been paid, Period of Dis

or Caution found.

charge.

Substitute.

XXII. And be it enacted, That the Provisions made by an Act Provisions as passed in the Sixth Year of the Reign of His present Majesty, to the Qualificaintituled An Act for the better Regulation of the Sheriff and Stewart tion of Sheriff's and Burgh Courts in Scotland, relative to the Qualifications of Sheriff Substitutes, shall apply only to such Sheriff Substitutes as receive Salaries out of the Civil List of Scotland, and not to such as may act gratuitously; and it is further provided, that every Person who shall be once certified to be duly qualified in Terms of the said Act, and admitted accordingly, may be re-appointed to the Office of Sheriff Substitute without any additional Certificate being necessary; and it is likewise provided, that any Person who held a Commission as a Sheriff Substitute, on account of

Fees.

Before the

closing of any Circuit Court, Returns to be made of Persons committed and remaining in Gaol.

Records of
Commitments

and Liberations
to be kept.

Provisions of

43 G.3. c.141. extended to all inferior Judges.

Commencement of Act.

which he received a Salary at the Date of the passing of the Act, may be re-appointed a Sheriff Substitute, and therear draw his Salary, without any Certificate of Qualification ber necessary in his Behalf, such as the said Act requires; and i hereby provided, that the Sheriff Depute may be addressed by Title of Sheriff, without the Term Depute being added.

XXIII. And be it enacted, That no Fees or Expences of arr Description shall be exigible by the Clerks or other Officers of Criminal Court, from any Person on whom a Criminal Libel shi have been served, unless the same shall form Part of the Senteza of the Court; but the Fees exigible from the Prosecutor by sad Clerks and Officers shall not be affected by the Provisions of the Act; and on Trials before the Circuit Court of Justiciary by Edictment, where before the passing of this Act the same ma have proceeded on Criminal Letters, the same Fees shall be payable by the Prosecutor on such Indictment as if Criminal Lettes had been used as heretofore.

XXIV. And be it enacted, That before any Circuit Court sha be declared ended, the Sheriffs of the Counties included there shall respectively lay before the Court a Return, showing, to a late a Date as it can be made up, the Names of all such Persuas as may stand committed to the several Gaols within their respective Counties on Warrants of Detention, until liberated in dee Course of Law, and who have not been brought to Trial befort the said Court, and are still remaining in Gaol; which Retur shall specify the Crime or Crimes of which such Prisoners are accused, and the Date of such Warrants of Commitment respectively; and the said Court is hereby required to call for such Returns for their Inspection, and to cause the same to be present in open Court, and thereafter to direct the Clerk of Court to lodge the same in the Justiciary Office at Edinburgh, for Preser vation.

XXV. And be it enacted, That Records shall be kept in every Gaol in Scotland, respecting the Commitment and Liberation of Prisoners committed under Criminal Warrants, according to the Form contained in the Schedule annexed to this Act, and therein designated by the Letter D., which Records the Magistrates of Burghs and Keepers of Gaols are hereby ordered and required accurately to keep; and the Keepers of Gaols in Scotland are hereby ordained and required at all Times to exhibit to the Sherif of the County within which such Gaols may be respectively situated, without Fee or Reward, such Records, when so required. XXVI. And be it enacted, That the Provisions of an Act made in the Forty-third Year of the Reign of His late Majesty King George the Third, intituled An Act to render Justices of the Peace more safe in the Execution of their Duty, shall extend to all inferior Judges and Magistrates in Scotland, in regard to any Sentence pronounced or Proceeding had in any Criminal Trial.

XXVII. And be it enacted, That this Act, and the Matters therein contained, shall commence and take effect from and after the passing of this Act, unless in so far as it is otherwise therein specially provided.

SCHE

SCHEDULES to which the Act refers.

SCHEDULE (A.)

Form of Notice.

A. B., Take notice, That you will have to compear before the igh Court of Justiciary [or other Court to be specified], to answer the Criminal Libel against you, to which this Notice is atched, on the

of the Clock.

Day of

This Notice served on the

by me

E. F. Witness.

at

Day of

C. D. Macer [or other Officer of the Law.]

SCHEDULE (B.)

Execution of Citation.

A Copy of a Criminal Libel, containing a Charge of Theft [or hatever the Crime may be], consisting of

Pages,

d having annexed to it a List of Witnesses and of Assize [when

e Trial is to be by Jury], was, on the

Day of

served by me upon [J. K.] by delivering the same him personally [or as the Case may be], on which Copy was arked a Notice of Compearance on the

E. F. Witness.

Day of

A. B. Macer [or other Officer of the Law.]

SCHEDULE (C.)

1.- LIBEL.

UNTO the Sheriff of the County of

he Complaint of the Procurator Fiscal of Court [or other Party with his Concurrence],

Humbly sheweth,

That [J. K.] has been guilty of the Crime of Theft [or other Crime] Actor, or Art and Part, in so far as on the

Day of or about that Time, he did [here state he Particulars of the Offence, specifying particularly the Place where the Crime was committed]. May it therefore please your Lordship to grant Warrant to apprehend the said

and bring him before you [or to cite him to appear before you] to answer to this Libel, and thereafter to [here specify the Punishment concluded for], according to Justice.

The Sheriff, having considered this Libel, grants Warrant to Officers of Court to apprehend the above designed [J. K.], and to

bring him [or to cite him to appear] to answer the same, and to cite Witnesses for both Parties.

[When stolen Goods, or the like, are to be searched for, this be included in the Libel and Warrant.]

the said J. K., and the Libel being read over to him, he answe that

[If the Accused pleads Not guilty, or the Case be not concluded the first Diet]

The Sheriff adjourns the Diet to

and in the meantime grants Warrant to incarcer

the said [J. K.] in the Tolbooth of
to be detaine
till that Time, [or until he finds Caution to appear at all fute
Diets of Court, under a Penalty of

At

said [J. K.]

C.A

18 , compeared the

The Witnesses after named were examined, upon Oath, in su port of the Libel, videlicet,

G. H.
L.M.

And the Witnesses after named were examined, on Oath, in Exculpation, videlicet,

Committed, till liberated in due Course of Law, when and by whom.