to be chosen for shall be chosen in open Court, by Ballot from the Lists of Criminal Trials. Persons summoned, and served upon the Accused; and for that Proviso. Jurors chosen for one Trial may continue to serve on others. Jurors may be excused. Regulations as to Verdicts. Proviso. Purpose the Clerk of Court shall cause the Name and Designation of each Juror to be written on a separate piece of Paper or Parchment, all the Pieces being of the same Size, and shall cause the Pieces to be rolled up, as nearly as may be, in the same Shape, and the Names of the Special Jurors shall be put together into one Box or Glass, and the Remainder into another, and being respectively mixed, the Clerk shall draw out the said Pieces of Parchment or Paper One by One from both Boxes or Glasses, in the Proportion of One from the Box containing the Names of the Special Jurors and Two from the other Box; and if any of the Persons whose Names shall be so drawn shall not appear, or shall be challenged, with or without Cause assigned, and set aside, then such farther Number shall be drawn until the Number required for the Trial shall be made out; and the Persons so drawn and appearing, and being sworn, shall be the Jury to try the Accused, and their Names shall be taken down and recorded in the Minute Book kept by the Clerk; but providing that when Challenges are made and Jurors set aside, their Places shall be filled up with other Names, by drawing by Ballot as aforesaid from the Box or Glass containing the Description of Jurors challenged respectively: Provided that where the Accused is a Landed Man, and a Return of Jurors made accordingly, a Majority of the Jury for Trial shall be taken by Ballot from the List of Landed Men returned by the Sheriff, as herein directed, and the Remainder from the List of Jurors not Special, subject always to Challenge as aforesaid. XVIII. And be it enacted, That the Jurors chosen for any particular Trial may, when that Trial is disposed of, without any new Ballot, serve on the Trials of other Persons accused; provided such Persons and the Prosecutor consent thereto, and provided also, that the Names of such Jurors are contained in the List of Assize served on the Accused, and that such Jurors are duly sworn to serve on each successive Trial. XIX. And be it further enacted, That the several Courts foresaid shall respectively have Power to excuse any One or more Jurors from serving on any Trial or Trials, the Grounds of such Excuse being stated in open Court. XX. And be it enacted, That all Verdicts in the High Court or Circuit Court of Justiciary, and in the Court of the Judge Admiral, and of any Inferior Judge, whether the Jury are unanimous or not, and whether upon a Consultation in the Jury Box or after having retired and been enclosed, shall be returned by the mouth of the Chancellor of the Jury, unless when the Court shall direct written Verdicts to be returned; and the same Rules shall apply in regard to the receiving of such Verdicts as are observed in the Case of unanimous Verdicts in the Courts of Justiciary Provided always, that in all Cases of Verdicts being returned by the Mouth of the Chancellor of the Jury, where the Jury shall not be unanimous in their Verdict, the Chancellor shall announce the same, so that an Entry thereof may be made in the Record; and provided also, that when in such Case a Jury is inclosed, none of the Jurors shall be allowed to separate or to hold Com Communication with other Persons, until their Verdict shall have been returned in their Presence by the Mouth of their Chancellor. Regulations as to Union of Counties for Trials in Cases XXI. And Whereas in Cases of High Treason, and Misprisions of High Treason, a sufficient Number of Jurors for the Grand and Petty Juries cannot be had in some Counties of Scotland, and in others there is no suitable Court House or proper 'Means for conducting Trials in such Cases;' Be it therefore enacted, That in all Cases of High Treason or Misprision of High Treason in Scotland, under any Commission of Oyer and Terminer that shall be issued by his Majesty, the Counties of Edinburgh, Haddington and Linlithgow, shall be held to be One of High TreaCounty, under the Description of the County of Edinburgh, son. whereof the Sheriff Depute of Edinburgh shall be held to be Sheriff; the Counties of Roxburgh, Berwick, Selkirk and Peebles shall be held to be One County, under the Description of the County of Roxburgh, whereof the Sheriff Depute of Roxburghshire shall be held to be Sheriff; the County of Dumfries and the Stewartry of Kirkcudbright shall be held to be One County, under the Description of the County of Dumfries, whereof the Sheriff Depute of Dumfriesshire shall be held to be Sheriff; the Counties of Ayr and Wigton shall be held to be One County, under the Description of the County of Ayr, whereof the Sheriff Depute of Ayrshire shall be held to be Sheriff; the Counties of Argyle and Bute shall be held to be One County, under the Description of the County of Argyle, whereof the Sheriff Depute of Argyleshire shall be held to be Sheriff; the Counties of Lanark, Dumbarton and Renfrew shall be held to be One County, under the Description of the County of Lanark, whereof the Sheriff Depute of Lanarkshire shall be held to be Sheriff; the Counties of Stirling, Clackmannan and Kinross shall be held to be One County, under the Description of the County of Stirling, whereof the Sheriff Depute of Stirlingshire shall be held to be Sheriff; the Counties of Perth, Forfar and Fife shall be held to be One County, under the Description of the County of Perth, whereof the Sheriff Depute of Perthshire shall be held to be Sheriff; the Counties of Aberdeen, Banff and Kincardine shall be held to be One County, under the Description of the County of Aberdeen, whereof the Sheriff Depute of Aberdeenshire shall be held to be Sheriff; the Counties of Inverness, Ross and Cromarty, Elgin and Nairn, Sutherland and Caithness, and the Stewartries of Orkney and Zetland, shall be held to be One County, under the Description of the County of Inverness, whereof the Sheriff Depute of Inverness-shire shall be held to be Sheriff: And it is hereby provided and declared, that it shall and may be lawful for any such Commission of Oyer and Terminer to sit in any Town or Place in any of the several Counties so held to be One County, whereof the County in which the Treason or Misprision of Treason may have been committed is One, and there to inquire into and determine all Treasons and Misprisions of Treason committed in any of the several Counties so held to be One County, in the same Way as such Commission might inquire into and determine any Treasons or Misprisions of Treason committed in the Place or County in which such Commission may so sit; and upon Precepts being issued by any such Commission of Oyer Proviso. 3 G.4. c.85. repealed. Commence ment of Act. 20G.2. c. 43. $40. Oyer and Terminer, to any of the foresaid Sheriffs or their Substitutes respectively of Edinburgh, Roxburgh, Dumfries, Ayr, Argyle, Lanark, Stirling, Perth, Aberdeen or Inverness, such Sheriff or his Substitute shall be entitled to require that certified Copies of all Lists of Juries made up within the several Counties of which he is to be held as Sheriff be transmitted to him, and he shall thereupon return such a Number of qualified Persons to serve on Grand and Petit Juries as shall be required pursuant to the said Commission; and the said Sheriffs shall in virtue of said Precepts give Notice to all Sheriffs, Justices of the Peace, Chief Constables, Ministers and Officers of the said Counties, to do and execute such Things as shall be required of them; for all which Purposes, and for performing whatever else may be required of them by the said Commission, the Warrant of any such Sheriff or his Substitute shall be equally good and effectual within the said several Counties of which he is hereby declared to be Sheriff, as if such Warrant had applied only to the particular County over which the Jurisdiction of such Sheriff in other respects extends: Provided always, that nothing in this Act contained shall be held to apply to Trials of High Treason or Misprision of High Treason, save and except in so far as relates to the Union of Counties hereinbefore made. XXII. And be it enacted, That an Act passed in the Third Year of the Reign of His present Majesty, intituled An Act to allow peremptory Challenge of Jurors in Criminal Trials in Scotland, shall be held as repealed from and after the First Day of January One thousand eight hundred and twenty six, when this Act, and the scveral Clauses, Provisions and Regulations herein contained, shall commence and take effect. 6 WH CA P. XXIII. An Act for the better Regulation of the Sheriff and Stewart ' ( ، 6 6 regulate the same by One or more Acts of Adjournal, on or be'fore the said Twenty fifth Day of March, which shall in like 'Manner be binding on all Parties concerned, unless or until the same shall be altered by Act of Parliament: And Whereas pursuant to the foresaid Act of his said Majesty King George the Second, the Lords of Session, by Act of Sederunt, passed on the Sixteenth Day of March One thousand seven hundred and forty eight, did regulate the Fees payable to the said Officers in Civil Causes; and also the Court of Justiciary in like Manner, by Act of Adjournal passed on the Twenty first Day of March One thousand seven hundred and forty eight, regulated the Fees payable to the said Officers in Criminal 'Causes And Whereas no Power was given by the above recited Act to revise from time to time the Fees so regulated, and the same have become in consequence unsuitable: And Whereas by a Warrant under the Sign Manual of His Royal Highness the Prince Regent, acting in the Name and on the Behalf of his late Majesty King George the Third, dated the Eighth Day of February One thousand eight hundred and fifteen, Commissioners were appointed for enquiring into the Duties, Salaries and Emoluments of the several Officers, Clerks and Ministers of Justice of the Courts of Scotland, and for reporting what Regulations might be fit to establish respecting the same; which Commissioners have accordingly made several Reports, which have been laid before Parliament, and in which it is recom'mended that certain Regulations with respect to Fees and otherwise should be made in regard to the Sheriff or Stewart Courts in Scotland; and it is therefore expedient that Power should 'be given to the said Court of Sessions and Justiciary, to revise the foresaid Acts of Sederunt and Adjournal respectively, and to amend and regulate the said Fees in the said Sheriff and 'Stewart Courts, and also in the Burgh Courts in Scotland;' Be it therefore enacted by the King's most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Power shall be given to the Court of Session in Scotland, and the said Court is hereby directed, required and empowered, to revise the said Act of Sederunt passed on the said Sixteenth Day of March One thousand seven hundred and forty eight, and of new to take into their Consideration what Fees they shall judge reasonable hereafter to be exacted by the Clerks, or by the Practitioners or Officers in the Courts of Sheriffs and Stewarts, in Civil Causes, and in all the various Departments of Business in use to be exercised by them, or which may be hereafter from time to time committed to them, and to regulate the same by One or more Act or Acts of Sederunt to be passed from time to time as the Court shall see Cause, the said Court in so doing always taking into Consideration the Report of the said Commissioners hereinbefore mentioned in that Beĥalf; and the Court of Justiciary are hereby directed, required and empowered in like Manner to revise the said Act of Adjournal passed on the Twenty first Day of March One thousand seven hundred and forty eight, and of new to take into their Consideration what Fees they shall judge reasonable hereafter Court of Session to frame Regulations as to abridging Extracts, and for the Consig nation of Money. 50 G.3. c.112. Proviso for Persons at present holding Office of Clerk in Court for Life. Five Sheriffs Depute to be appointed to report Regulations : Whereupon Regulations to be established by Act of Sederunt, hereafter to be paid to the Clerks, Practitioners or Officers in Sheriffs' or Stewarts' Courts, in Criminal Causes, and to regulate the same, as also the Course of Proceeding in Criminal Causes before the same, by One or more Act or Acts of Adjournal to be passed by them from time to time as they shall see Cause; which Fees, as regulated by the said Courts respectively, shall be binding on all Parties concerned, unless, or until the same be altered by any new Act or Acts of Sederunt or Adjournal, which the said Court of Session or Court of Justiciary may see proper and necessary to pass in Time coming. II. And be it enacted, That the said Court of Session shall and they are hereby authorized and required to frame, or to cause to be framed, proper and suitable Regulations for abridging the Forms of Extract of the Decrees of the said Sheriff and Stewart Courts, and also for Consignation in a public Bank or Banking Company of Monies received by the Sheriff or Stewart Clerk, or any other Person, by reason of any Proceeding in any such Sheriff or Stewart Court, regard being always had to the Forms for Extract prescribed by an Act passed in the Fiftieth Year of the Reign of His late Majesty King George the Third, intituled An Act for abridging the Form of extracting Decrees of the Court of Session in Scotland, and for the Regulation of certain Parts of the Proceedings of that Court: Provided always, that during the Lifetime of any Person at present holding for Life the Office of Clerk in any such Court, or so long as any such Clerk shall hold his Office, whose Emoluments may be affected by any such Regulations or Table of Fees, no such Clerk shall be bound to accept the same in lieu of the Fees or Emoluments to which he is now legally entitled, unless he thinks fit so to do; and all such Regulations and Fees so to be framed and settled, shall be established in such Manner as to be postponed during the Lifetime of any such Clerk, or so long as he shall hold the same, unless such Clerk shall at any Time agree to accept the Fees so to be settled and fixed, as appertaining to his Office, in lieu of the Fees and Emoluments to which such Clerk is now legally entitled, in which Case he shall thereafter be bound and obliged to accept the same. III. And for the better accomplishing the Purposes aforesaid, be it enacted, That so soon as conveniently may be after the passing of this Act, the said Court of Session shall, and the said Court is hereby directed and required to appoint, by a Commission, duly executed by that Court, Five Sheriffs Depute, for the Purpose of reporting to the said Court, and to the said Court of Justiciary respectively, such Regulations and such Tables of Fees in the several Sheriff or Stewart Courts in Scotland, as in their Opinion ought to be established therein; the said Court in so doing taking into Consideration the Reports of the said Commissioners in that behalf. IV. And be it enacted, That after a Report or Reports shall be made by the said Five Sheriffs to the said Court of Session and Court of Justiciary respectively, as to the several Matters and Things upon which they shall be directed to report, it shall and may be lawful for the said Courts, or either of them, if they think fit, to require Explanations or Information relative to any Part of such |