registered or made and filed respectively at any Time on or before the said Fifth Day of July, shall be as effectual, to all Intents and Purposes, as if the same Contract or Indenture had been enrolled or registered, and as if the same Affidavit had been made and filed, within the respective Times within which the same ought to have been enrolled and registered respectively, and the Service of the Clerk under any such Contract or Indenture shall be deemed to have commenced from the Time of the Execution of such Contract or Indenture; and it shall be lawful for the respective Officer or Officers who ought to receive, enrol, register, make and file every such Contract or Indenture and Affidavit respectively, and such Officer or Officers respectively are hereby authorized and required to receive, enrol and register, and to make and file every such Contract, Indenture or Affidavit respectively, at any Time on or before the said Fifth Day of July; any Thing in the said recited Act of the Thirty fourth Year of His said late Majesty's Reign, or in any other Act or Acts to the contrary in any wise notwithstanding.

6

CAP. XLVI.

Officers empowered to enrol such Condenture, &c.

tracts of In

An Act to prevent Articled Clerks of Attornies and others, in Great Britain, from being prejudiced by the Neglect of such Attornies and others, in omitting to take out their annual Certificates. [22d June 1825.] WH HEREAS by an Act made in the Thirty seventh Year of 37 G.3. c.90. the Reign of His late Majesty King George the Third, $31. 'intituled An Act for granting to His Majesty certain Stamp Duties on the several Matters therein mentioned, and for better securing the Duties on Certificates to be taken out by Solicitors, Attornies and others practising in certain Courts of Justice in Great Britain; it is amongst other Things enacted, that every • Person admitted, sworn, enrolled or registered in any of the Courts in the said Act mentioned, who, from and after the First Day of November One thousand seven hundred and ninety seven, shall neglect to obtain his Certificate thereof in Manner by the said Act directed, for the Space of One whole Year, shall 'from thenceforth be incapable of practising in his own Name, or in the Name of any other Person, in any of the said Courts, by virtue of such Admission, Entry, Enrolment or Register; and that the Admission, Entry, Enrolment or Register of such Person in any of the said Courts, shall be from thenceforth null and void: And Whereas it may happen that some Solicitors, Attornies, Notaries, Proctors, Agents or Procurators may have ' omitted or may omit to take out the annual Certificates, or to enter, enrol or register the same, as directed by the said Act, whereby Infants and other Persons, who may have served or who may serve under Contract or Articles of Clerkship to such Solicitors, Attornies, Notaries, Proctors, Agents or Procurators, have been and may be prevented and disqualified from being admitted to practise as Solicitors, Attornies, Notaries, Froctors, Agents or Procurators, in the several Courts of Great Britain : And it is expedient to provide for the Relief of such Infants and other Persons who may have served or who may serve as aforesaid;'

"

No Person who

has served his

Clerkship with an Attorney, &c. disqualified from being ad.

mitted on ac

count of Omission in taking out annual Certificate.

Punishment

for the said Crimes.

Second Offence,

Proceedings against Persons banished, not departing within 30 Days.

Not departing within 40 Days.

'aforesaid;' 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 from and after the passing of this Act, no Person who shall have regularly served any Attorney or Attornies, Solicitor or Solicitors, Proctor or Proctors, Writer or Writers to the Signet, Agent or Agents, Procurator or Procurators, Notary Public or Notaries Public, for the Term of Years required by Law, shall be prevented or disqualified from being admitted an Attorney, Solicitor, Proctor, Writer to the Signet, Agent, Procurator or Notary Public, by reason of any Omission of the Person or Persons to whom he served for the same Term, or for any Part thereof, having so neglected to take out his annual Certificate, or to register the same; provided that such Person be otherwise entitled to be so admitted by the Laws now in force relating thereto.

CA P. XLVII.

An Act for restricting the Punishment of Leasing-making,
Sedition and Blasphemy, in Scotland. [22d June 1825.]

W

HEREAS it is expedient that the Punishment of the Crimes of Leasing-making, Sedition and Blasphemy, as known in the Law of Scotland, should be restricted; and that these Crimes should be punished in the same Manner as such • Crimes would be punished if committed in England;' 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 if any Person shall henceforth be convicted of any of the aforesaid Crimes, such Person shall be liable to be punished only by Fine or Imprisonment, or both, at the Discretion of the Court before which such Person shall be tried.

II. And be it enacted, That if any Person after being so convicted shall offend a Second Time and be thereof lawfully convicted, such Person may, on such Second Conviction, be adjudged, at the Discretion of the Court, either to suffer the Punishment of Fine or Imprisonment, or both, or to be banished from the United Kingdom and all other Parts of His Majesty's Dominions, for such Term of Years as the Court in which such Conviction shall take place shall order.

III. And be it further enacted, That in case such Person so adjudged to be banished as aforesaid, shall not depart from this United Kingdom within Thirty Days after the pronouncing of such Sentence as aforesaid, for the Purpose of going into such Banishment as aforesaid, it shall and may be lawful to and for His Majesty to convey such Person to such Parts out of the Dominions of His said Majesty, as His Majesty, by the Advice of His Privy Council, may direct.

IV. And be it enacted, That if any Offender, who shall be so sentenced to be banished in Manner aforesaid, shall, after the End of Forty Days from the Time such Sentence has been pronounced, be at large within any Part of the United Kingdom, or

any

any other Part of His Majesty's Dominions, without some lawful Cause, before the Expiration of the Term for which such Offender shall have been so adjudged to be banished as aforesaid, every such Offender being so at large as aforesaid, being thereof lawfully convicted, shall be transported to such Place as shall be appointed by His Majesty, for any Term not exceeding Fourteen Years.

V. And be it enacted, That so much of an Act passed in the 39 G.3. c.49. Thirty ninth Year of the Reign of His Majesty King George the $ 2.; Third, intituled An Act to extend the Bail to be given in Cases of Criminal Information, as authorizes the Court of Justiciary to extend the Bail beyond the Sums specified in that Act, in all Cases where any Person shall in future be imprisoned on a Charge of being guilty of the Crime of Sedition, shall be and the same is hereby repealed.

CA P. XLVIII.

An Act to alter and amend an Act passed in the Thirty ninth and Fortieth Year of King George the Third, for the Recovery of Small Debts in Scotland. [22d June 1825.]

W HEREAS the Regulations introduced by the Act made 39 & 40 G. 3. in the Thirty ninth and Fortieth Years of his late Majesty, c.46. 'intituled An Act for the more easy and expeditious Recovery of • Small Debts, and determining small Causes, in that Part of Great Britain called Scotland, have been found useful and beneficial to 'the Public; and it is expedient that the said Act should be 'altered and amended, and that certain other and further Regulations which Experience has suggested for the Improve'ment thereof should be introduced: May it therefore please Your Majesty that it may be enacted; and be it 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 from and after the First Day of January next the said repealed. last mentioned Act shall be and the same is hereby repealed, except as to such Causes and Complaints as may be brought Exception. under the Authority of the said last mentioned Act before the said First Day of January next, and then depending; all which Causes and Complaints shall be carried on to a Conclusion, according to the Rules prescribed by the said last mentioned Act, notwithstanding this Act.

Plaints not exceeding 51.

II. And be it enacted, That from and after the First Day of Justices to hear January next (which is hereby declared to be the Commence- and determine ment of this Act), it shall be lawful and competent for any Two Causes on (a) or more of His Majesty's Justices of the Peace, in that Part of Great Britain called Scotland, within their respective Counties ör Stewartries, to hear, try and determine, as shall appear to them agreeable to Equity and good Conscience, all Causes and Complaints brought before them concerning the Recovery of Debts, or the making effectual any Demand, and that in a summary Way, as more particularly hereinafter mentioned: Provided always, that the Debt or Demand shall not exceed the Value of Five Pounds Sterling, exclusive of Expences.

(a) [See as to One Justice acting, § 16. post.]

III. And

Causes to proceed as in

described.

Warrant to issue.

Copy of Complaint and

tion and

Amount of

Debt to be

Defender.

In default of Appearance, Second Citation, &c.

III. And be it enacted, That all such Causes shall proceed upon Complaint agreeable to the Form in Schedule (A.) subjoinSchedule (A.) ed to the present Act, stating shortly the Origin of Debt or ground of Action, and concluding against the Defender; and the Clerk of the Peace or any Deputy by him appointed, or, in case he shall fail to appoint One, the Clerk to be appointed within the District, as hereinafter provided, shall adject to the said Complaint, and on the same Paper, a Warrant signed by him, agreeable to the Form in Schedule (A.) subjoined to the present Act; which Warrant shall contain an Authority to any Constable or Peace Officer for summoning the Defender to appear and answer at the next Meeting of the Justices of the Peace in the District of the County or Stewartry where the Defender resides, or, where the Meetings of the Courts are held Weekly, then in the Option of the Pursuer, at the Second or Third Diet of Court from the Date of the Warrant, the said Diet of Court not being sooner, in either Case, than upon the Sixth Day after the Date of the Citation, and also for summoning Witnesses, at the Instance of either Party, to the same Day and Place: Provided always, that a Copy of the said Complaint and Warrant, with the Citation Warrant, Cita- annexed, agreeable to the said Schedule (A.) subjoined to this Act, and also a Copy of the Account, Document of Debt, or State of the Demand, shall be delivered by a Constable or Peace delivered to the Officer to the Defender personally, or left at his Dwelling Place; in which latter Case, if the Defender shall not appear at the Diet of Court to which he has been cited, he shall be cited a Second Time personally, or at his Dwelling House or Place of Abode, upon the Words de novo being either subjoined to the original Complaint, and signed by any One Justice of the Peace, or written in the Procedure Book kept by the Clerk, and signed by the Justices or the Preses, to appear either at the next stated Meeting, or at a Meeting to be held by Adjournment for that Purpose, and fixed by the Justices at the First Diet, but which Second Meeting shall not be sooner than Three Days from the Date of the First, with Certification that if he shall fail to appear at the Diet of Court to which he is summoned by this Second Citation, he will be held as confessing the Debt or Justice of the Demand: Provided, that if the Defender has been cited for the first Time to a Diet of Court, not sooner than Twelve free Days from the Date of the Citation, it shall be lawful for the Constable or Peace Officer, in case the Defendant shall not have been personally found at the Time of the First Citation, to cite him a Second Time, either personally or at his Dwelling Place, to the same Diet of Court, on the Authority of the original Warrant, and without previously reporting an Execution of the First Citation of the Court, but always under this Condition and Limitation, that such Second Citation shall not be given sooner than upon the Sixth Day after the Date of the First Citation, nor later than upon the Sixth before the Diet of Court to which the Defender is so cited for the Second Time; and in case the Defender shall not appear at the Diet to which he is so cited for the Second Time upon the same Warrant, he shall be held as confessed in the same Manner as if he had been cited personally, or cited at his Dwelling Place upon a Warrant de novo; and the Constable

or

to cite Witnesses, and to

lodge a Copy of
Citation in

Clerk's Hands.
Witnesses not

or Peace Officer shall in all Cases return an Execution of Citation signed by him, or shall appear and give Evidence upon Oath of his having duly cited the Defender in Manner aforesaid. IV. And be it enacted, That where a Constable or other Peace Constable, &c. Officer shall be required by any Party, whether Pursuer or Defender, to cite any Persons as Witnesses, he shall be obliged to lodge a written Execution of every such Citation in the Clerk's Hands, at or before the Diet of Court to which the Defender has been summoned, or otherwise to verify in Court the Execution of Citation, as the Justices may see fit; and if the Witnesses attending. cited, either upon the one Part or the other, do not appear at the Time and Place to which they are cited, it shall be competent to the Party or Parties to apply for a new Warrant to compel their Attendance at the next stated or adjourned Meeting, which Warrant may require them to attend in order to give Evidence, under a Penalty not exceeding Twenty Shillings Penalty. Sterling, to be awarded by the Justices of the Peace in case of their not appearing, unless a reasonable Excuse be offered and sustained, which Penalty shall be payable to the Party at whose Instance the Witness was cited, and may be recovered by him in the same Form and Manner as herein directed with regard to other small Debts; or in the Option of the Justices, the Witness Second Citaso failing to appear after a Second Citation, and not sending a tion. reasonable Excuse which shall be sustained by the Justices, may be imprisoned for a certain Time in the County Prison, not exceeding Ten Days: Provided, that the aforesaid Penalty shall Proviso. not be awarded or recoverable, or the Witness be liable to the said Imprisonment, unless the Second Citation shall have been given not later than the Sixth Day before the Diet of Court to which he has been cited.

voce.

V. And be it enacted, That when the Parties shall appear, the Justices to hear said Justices shall hear them viva voce, and examine Witnesses parties vivâ upon Oath, and also the Parties by Declaration or upon Oath : Provided always, that no Procurator, Solicitor or any Person Solicitors, &c. practising the Law, shall be allowed to appear or plead for them, not to plead. either viva voce, or by Writing, nor shall any of the Pleadings, Arguments, Minutes or Evidence be taken down in Writing, or

entered on any Record.

VI. And be it enacted, That if a Defender who has been duly Defender not cited, whether personally, or by Two Citations left at his Dwel- appearing, to be ling House or Place of Abode, shall not appear in Court, either by held as confesshimself or by One of his Family, or other Person, not being in any ing the Debt.

Case a legal Practitioner or Officer of Court, whom the Justices shall see reason in the Circumstances of the Case to hear on his Behalf in the Matter of the Complaint, he shall be held as confessing the Debt or Justice of the Demand, unless he shall by One of his Family send an Excuse which shall satisfy the Justices that a Delay ought to be granted; in which latter Case, or if the Justices may Absence of Witnesses, or any other good reason assigned, shall adjourn the move the Justices to adjourn the Cause to the next stated Meet- Cause. ing, or other Day to be specially appointed, it shall be competent for them to make such Adjournment, and the Parties and Witnesses shall be ordered then to attend.

VII. Pro