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Affirmation of XIII. And be it enacted, That every Quaker who shall be Quakers to be quired to give Evidence in any Criminal Cause or Prosects admitted.

shall, instead of taking the Oath in the usual Form, be peror-
to make his or her solemn Affirmation or Declaration, in
Words following: videlicet, 'I do solemnly, sincerely, and z.
' declare and affirm;' which Affirmation or Declaration sha.
of the same Force and Effect, in all Courts of Justice, as if
Quaker had taken an Oath in the usual Form; and if any Quiet
making such Affirmation or Declaration shall be convicted of a
ing affirmed and declared any Matter or Thing in such a W275
if the same had been sworn to in the usual Form it would ta
amounted to Perjury, every such Offender shall be subject to a
same Punishment to which Persons convicted of Perjury a
liable ; and if any Quaker shall refuse to make such Affirmai.
and Declaration, or having made the same shall refuse to
Evidence, or shall wilfully conceal the Truth, or be guilty of 33
Prevarication, such Quaker shall be liable to the same Pains a
Law which apply to such Offences respectively when an Oath :

administered. When Person XIV. And be it enacted, That when, after an Interlocutor : indicted pleads Relevancy shall have been pronounced, a Person indicted bei:". Guilty, Jury to

any Criminal Court shall plead Guilty to the Crime or Crimea be dispensed

which such Person is accused, it shall no longer be necessary : with.

name a Jury for the Purpose of deciding on the Guilt of suci Person, but the Court before which such accused Person sin be tried shall, upon such Confession being made, have Powe forthwith to pronounce the Sentence of the Law in the sun Manner as if a Verdict of Guilty had been returned: Provided always, that such Plea of Guilty shall be made in open Court, a shall then and there be subscribed by the Pannel, or by the Pas

. nel's Procurator, and shall be authenticated by the Signature i

the Judge. Verdict of Jury

XV. And be it enacted, That Verdicts in Writing shall be how to be re- discontinued in all Cases when the Verdict is returned before than ceived. Court adjourns; and when on a Trial before the High Court a

Justiciary at Edinburgh, a Jury shall retire to consider of thi: Verdict, it shall be sufficient that One Judge shall remain in Court to receive the Verdict, which Judge shall have Power to see the Verdict duly recorded when delivered, and to dismiss the Jers. and to assoilzie the Pannel, if not convicted by such Verdict; bu if the Pannel shall be found guilty, or the Terms of the verdic: be such as may appear to require Consideration by the Court such Judge shall continue the Diet, and commit the Pannel to

Prison. Jurisdiction of

XVI. And be it enacted, That the cumulative Jurisdiction of the Court. 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. Admiralty and

XVII. And be it enacted, That it shall and may be lawful for Sheriffs Courts the High Court of Admiralty and for the Court of the Shenf to proceed to respectively, to proceed in, try, and determine all Causes and Trial without Prosecutions for Crimes before them, where the Trial is by Jury, reducing the

by Verdict of such Jury, upon examining and hearing the EviEvidence to Writing

dence of the Witness or Witnesses in any such Cause or Prose


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

Notes, 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 Certain Proheriff or other inferior Court in Scotland, without a Jury, no ceedings not to urt of the Proceedings, which is not in use to be taken down in be taken down riting in Trials by Jury shall be so taken down, excepting only

in Writing. e Depositions of 'Witnesses. XIX. And be it enacted, That in the Prosecution of Criminal Summary Form ffences before Sheriffs of Counties in Scotland, where the Pro. of Proceeding cutor shall, in his Libel, conclude for a Fine not exceeding Ten in certain

Cases. ounds, together with Expences, or for Imprisonment in Gaol or 1 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, vithout the Pleadings or Evidence being reduced into Writing :

Provided always, that a Record shall be preserved of the Charge Record to be end of the Judgment, including the Names of the Witnesses ex- preserved. E imined on Oath, unless where the Accused pleads Guilty, which

hall be made to appear; and the said Record shall also set forth, T: 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.

XX. And be it enacted, That the Sheriff so trying any such Sheriff to preH. Offence shall preserve a Note of the Evidence taken by him on serve Notes of

such Trial, and shall exhibit the same, or a certified Copy thereof, Evidence. 6- 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 Disor Caution found.

charge. 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

Substitute. 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

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

XXIII. And be it enacted, That no Fees or Expences of a Fees.

Description shall be exigible by the Clerks or other Officers of
Criminal Court, from any Person on whom a Criminal Libel sta
have been served, unless the same shall form Part of the Sente
of the Court ; but the Fees exigible from the Prosecutor by se
Clerks and Officers shall not be affected by the Provisions of
Act; and on Trials before the Circuit Court of Justiciary by Is-
dictment, where before the passing of this Act the same na
have proceeded on Criminal Letters, the same Fees shall be pe.
able by the Prosecutor on such Indictment as if Criminal Letzes

had been used as heretofore. Before the

XXIV. And be it enacted, That before any Circuit Court sham closing of any be declared ended, the Sheriffs of the Counties included there Circuit Court

, shall respectively lay before the Court a Return, showing, to : Returns to be

late a Date as it can be made up, the Names of all such Persos made of Persons

as may stand committed to the several Gaols within their te committed and remaining in

spective Counties on Warrants of Detention, until liberated in de Gaol.

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 respek ively; and the said Court is hereby required to call for such Re turns 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. Records of XXV. And be it enacted, That Records shall be kept in even Commitments Gaol in Scotland, respecting the Commitment and Liberation et and Liberations Prisoners committed under Criminal Warrants, according to the to be kept. 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 s

tuated, without Fee or Reward, such Records, when so required. Provisions of XXVI. And be it enacted, That the Provisions of an Act made 43 G.3. c.141. in the Forty-third Year of the Reign of His late Majesty King extended to all George the Third, intituled An Act to render Justices of the Peace inferior Judges.

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. Commence

XXVII. And be it enacted, That this Act, and the Matters ment of Act. 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.


SCHEDULES to which the Act refers.


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

at of the Clock.

This Notice served on the

by me E. F. Witness. C. D. Macer (or other Officer of the Law.]

Day of

Day of


Execution of Citation. A Copy of a Criminal Libel, containing a Charge of Theft [or hatever the Crime may be), consisting of

Pages, nd having annexed to it a List of Witnesses and of Assize [when ie Trial is to be by Jury), was, on the

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

Day of E. F. Witness. A. B. Macer (or other Officer of the Law.]

Day of


1.- Libel. L.

UNTO the Sheriff of the County of In the 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 the 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 Chere specify the Pumi nishment concluded for], according to Justice.




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

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bring him (or to cite him to appear] to answer the same, and a 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.]


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18 , compeas the said J. K., and the Libel being read over to him, he ansa that


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[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 incarcere: the said [J. K.) in the Tolbooth of

to be detais till that Time, Cor until he finds Caution to appear at all futs: Diets of Court, under a Penalty of





compeared the said [J. K.)

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

G. H.

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

N. 0.
P. Q.

4.- SENTENCE. The Sheriff finds [Here add Terms of Sentence.]

and therefore

C. D.




Committed, when and by whom.



Committed, till liberated

in due Course of Law, when and by whom.

Liberated on Bail, when and by whom.

Tried, when and by whom.


or Acquitted.


Liberated or removed

afler Conviction, when and, by whom


Without Bail, when


and by whom

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