Fees. the Payment of such Expences as may be awarded against him in the Action of Reduction, X. And be it enacted, That the following Fees and no other shall be allowed to be taken by the Clerk and Officers of Court, for Matters done under the Authority of this Act. Members of College of Justice not exempt. Sheriff to or to be taxed. Sale Officer's Travelling Expence, per Mile Assistants, each, per Mile Two Shillings and Sixpence. Four Pence. Three Pence. Crier's Fee: One Penny. For calling A Copy of which Table of Fees, signed by the Clerk, shall be hung up in every Court Place, and in his Office; and the said Fees shall be subject to Modification in Causes of very small Amount, or where the Complaint is directed against Two or more Defenders. XI. And be it enacted, That no Person shall be exempt from the Jurisdiction of the Sheriff in any Cause carried on in a summary Way under this Act, on account of Privilege as being a Member of the College of Justice. XII. And be it enacted, That in all Civil Causes wherein the dain Expences Debt or Demand shall not exceed the Value of Five Pounds, exclusive of Expences and Fees of Extract, which shall in future be brought or carried on before any Sheriff's Court, not according to the summary Form herein provided, it shall be lawful for any Sheriff, notwithstanding, and he is hereby authorized and required to ordain the Expences (unless he shall see Cause to the contrary) to be taxed and regulated according to the Rates above mentioned. Construction of XIII. And be it enacted, That in all Cases in this or any Act of Parliament, passed or to be passed affecting Scotland, where the Term Sheriff or Sheriff Clerk, or Sheriffdom or County, shall be used, the same shall be deemed and taken to apply to any Stewart or Stewart Clerk, or Stewartry in Scotland. SCHE SCHEDULE (A.) UNTO the Honourable the Sheriff for the Shire of COMPLAINS, That is owing the Complainer Debt or Ground of Action) which refuses to pay unless compelled: Therefore the said Defender the Sum (here insert Origin of ought and should be with Expences. Day of decerned and ordained to make Payment to the Complainer of the aforesaid Sum of the Sheriff Clerk for the Shire of grants Warrant for summoning the said Defender to compear before the Sheriff for the said Shire at in the Court House thereof, upon Day of the of the Clock, to answer at the Instance of the said Complainer; and appoints a Copy of the Account pursued for, Document of Debt, or State of the Demand, to be delivered to the Defender along with the Citation; also grants Warrant for citing Witnesses and Havers for both Parties to compear at the same Place and Date, to give Evidence in the said Matter. J. P. Sheriff Clerk. UPON Day of One thousand eight hundred and I Officer of Court, summoned the above designed to compear before the said Sheriff, Time and Place above mentioned, to answer at the Instance of the Complainer, with Certification that will otherwise be held as confessing the Debt. This I did by full Copy of the before Complaint and Warrant, with a short Copy of Citation thereto subjoined, as also a Copy of the Names and Designations of Witnesses and Havers, and a Statement of other Means of Proof (as the Case may be). of Expences, decerned and ordained, and hereby decerns and ordains instant Execution by Arrestment, and also Execution to pass hereon by Poinding and Imprisonment after free Days J. P. Sheriff Clerk. SCHEDULE (B.) No. Dates of Complaints. Pursuers. Defenders. Sums. How due. How cited. By what Interlocutors N. B. After the Name of each Pursuer and Defender, let the Letter P. or A. be added, in order to mark whether the Party was present or absent when the Cause was called; let Expences be also entered under the Head of Interlocutors. In case of free Prisoner's Dis. charge, and in case of Conditional Pardons, the Performance of the Condition, shall have the Effect of a Pardon under the Great Seal. CA P. XXV. An Act for defining the Rights of Capital Convicts who receive Pardon, and of Convicts after having been punished for Clergyable Felonies; for placing Clerks in Orders on the same Footing with other Persons, as to Felonies; and for limiting the Effect of the Benefit of Clergy. W [20th May 1825.] THEREAS it is expedient that the Civil Rights of Persons having been convicted of Capital Felonies, who receive His Majesty's most gracious Pardon, and of Persons having < been convicted of Felonies within the Benefit of Clergy, who ́ have undergone the Punishment to which they were adjudged, ‹ should be more clearly ascertained than is at present the case;' 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 in all Cases in which His late Majesty, or the King's Majesty that now is, His Heirs or Successors, hath been or shall be pleased to extend His or Their Royal Mercy to any Offender convicted of any Felony whereby the Offender was, is or shall be excluded from the Benefit of Clergy, and by Warrant under His or Their Royal Sign Manual, countersigned by One of His or Their Principal Secretaries of State, hath granted or shall grant to such Offender, either a free Pardon, or a Pardon upon Condition of Transportation, Imprisonment or any other Punishment, the Discharge of such Offender out of Custody, in case of a free Pardon, and the Performance of the Condition in case of a conditional Pardon, shall have the Effect Effect of a Pardon under the Great Seal for such Offender, as to the Felony whereof he or she was so convicted. II. And Whereas by an Act passed in the Fourth Year of the 4 Hen. 7. c.13. Reign of King Henry the Seventh, intituled An Act to take away the Benefit of Clergy from certain Persons, it is enacted, that every Person not within Orders being convicted, and being admitted to the Benefit of his Clergy, shall be marked in the • Manner therein mentioned upon the Brawn of the left Thumb, before he be delivered to the Ordinary: And Whereas by Four several Acts, passed in the Twenty first Year of the Reign of 21 Jac.1. c.6. King James the First, the Third Year, the Fourth and Fifth 3 W.& M. c.9. • Years, and the Sixth and Seventh Years of the Reign of King 4&5 W. & M. • William and Queen Mary; the First intituled An Act concerning c.24. • Women convicted of small Felonies; the Second intituled An Act 6&7 W. & M. to take away Clergy from some Offenders, and to bring others to c.14. • Punishment; the Third intituled An Act for reviving, continuing and explaining several Laws therein mentioned, which are expired and near expiring; and the Fourth intituled An Act for continuing several Laws therein mentioned; the like Benefit is • conferred on Women as Men enjoyed by the Benefit of Clergy: < $ 1. 19 G.3. c.74. c.45. ‹ And Whereas by an Act passed in the Fourth Year of the Reign 4 G.1. c.11. of the late King George the First, intituled An Act for the further preventing Robbery, Burglary and other Felonies; and for the more effectual Transportation of Felons and unlawful Exporters of Wool; and for declaring the Law upon some Points' relating to Pirates; Transportation for Seven Years was substituted for burning in the Hand, in case of certain Larcenies, within the Benefit of Clergy; and by a Provision contained in an Act passed in the Nineteenth Year of the Reign of His late Majesty King George the Third, intituled An Act to explain and amend the Laws relating to the Transportation, Imprisonment and other Punishment of certain Offenders (which Provision has been made perpetual by an Act passed in the Thirty ninth Year ' of the same Reign), the Court before which any Offender is <convicted of any Felony within the Benefit of Clergy, is ‹ authorized, if it shall think fit, instead of such burning or marking, to impose upon such Offender a moderate pecuniary Fine, or to order such Offender to be whipped in the Manner 'therein mentioned; and by the said Provision it is expressly enacted, that the Punishments so thereby substituted for burning or marking, shall have the like Effects and Consequences to the Party on whom they are imposed, with respect to any Discharge from the same or other Felonies, or any Restitution to his or her Estates, Capacities and Credits, as if he or she had 'been burned or marked: And Whereas the Punishment of Whipping hath been, as to Women, abolished by an Act passed 6 in the First Year of His present Majesty's Reign; and of late 1 G.4. c.57. years, in the Cases of many Persons convicted of Clergyable Felony, no pecuniary Fine hath been imposed: And Whereas divers other Acts of Parliament have created Felonies within the Benefit of Clergy, and divers others have given the Benefit of Clergy in Cases wherein it was not before allowed, and such • Acts have not expressly declared that the Punishments thereby ́authorized shall be in lieu of burning or marking: And Whereas I 3 • it Punishment of victed of Cler- Effect of burning in the Hand. 28 Hen. 8. c.1. revived. 1 E.6. c.12. it is expedient that the Benefit intended by the said Act of the Nineteenth Year of the Reign of His said late Majesty should ‹ be extended to all Cases of Punishment inflicted upon Persons 'convicted of Clergyable Felonies;' Be it further enacted, That where any Offender hath been or shall be convicted of any Felony within the Benefit of Clergy, and hath endured or shall endure the Punishment to which such Offender hath been or shall be adjudged for such Felony, the Punishment so endured hath and shall have the like Effects and Consequences, to all Intents and Purposes whatsoever, as if he or she had been burned or marked according to the Provisions of the said recited Acts of King Henry the Seventh, King James the First, and King William and Queen Mary, or any of them. < III. And Whereas by an Act passed in the Twenty eighth Year of the Reign of King Henry the Eighth, intituled An Act ' that Abjurers in case of Petty Treason shall not have Clergy, it was enacted, that such as were within Holy Orders should from thenceforth stand and be under the same Pains and Dangers for 'the Offences therein referred to, and should be used and ordered to all Intents and Purposes as other Persons not being within Holy Orders; which Enactment has been considered to have 'been repealed by an Act passed in the First Year of the Reign of King Edward the Sixth, intituled An Act for the Repeal of certain Statutes concerning Treasons and Felonies, or by an Act 1 Mar. st. 1. c.1. passed in the First Year of the Reign of Queen Mary, intituled · An Act repealing and taking away certain Treasons, Felonies and • Cases of Premunire: And Whereas it is expedient to revive the said Provision of the said Act of King Henry the Eighth ;' Be it further enacted, That Clerks in Holy Orders, being convicted of Felony, shall stand and be under the same Pains and Dangers for the same, and shall be used and ordered to all Intents and Purposes as other Persons not being in Holy Orders; any Law, Statute or Usage to the contrary notwithstanding. Clerks liable to if not in Orders. Benefit of Clergy not to extend to Felony committed before such Allowance. Royal Sign Manual, dated 31st Jan. 1821, appointing Commissioners of the Royal Naval Asylum. IV. And be it further enacted, That the Allowance of the Benefit of Clergy to any Person who shall after the passing of this Act be convicted of any Felony, shall not render the Person to whom such Benefit is allowed dispunishable for any other Felony by him or her committed before the Time of such Allowance, any Law, Custom or Usage to the contrary notwithstanding. WH CA P. XXVI. An Act for the Consolidation of the Royal Naval Asylum 6 |