Pursuer may be heard by One

VII. Provided farther, and be it enacted, That it shall be competent for the Justices, if they shall see reason in the Circumof his Family; stances of the Case for so doing, to allow a Pursuer or Defender to be heard in the Matter of his Complaint or Defence by or Person duly One of his Family; or if the Pursuer shall not be resident nearer than Twenty Miles from the Place where the Court is held, it shall be competent for the Justices, if they shall see fit, to hear him by a Person holding a written Mandate or Authority from him for that Purpose, the said Mandatory not being a Procurator, Solicitor or Person practising the Law.

authorized.

Where Decree pronounced in Absence of

Defender, he may obtain

Warrant sisting

Execution.

Proviso for rehearing.

Proceedings thereon.

Constable returning false Execution.

Punishment.

VIII. And be it enacted, That where a Decree has been pro· nounced in Absence of the Defender, it shall be competent for him, upon consigning the Sum decerned for in the Hands of the Clerk, at any Time before the Days of the Charge elapse, to obtain from the Clerk a Warrant signed by him, sisting Execution till the next Court Day, and containing an Authority to cite the Pursuer and Witnesses for both Parties; and the Clerk shall be bound to certify to the Justices at their said next Meeting the Application for rehearing and the Sist granted, which Warrant so issued being served by a Constable or other Peace Officer upon the Pursuer, either personally or by Two Citations left at his Dwelling House or Place of Abode, in the Manner provided. in other Cases by this Act, shall be an Authority for having the Matter reheard at the next Court Day (provided that the same shall not be sooner than the Sixth Day from the Date of the Personal Citation given to the Pursuer, or of the Second Citation left at his Dwelling House or Place of Abode; or if the Meeting of the Court shall be sooner than the Sixth Day from the Date of such Citation, then at the Court Day next following); and provided always, that it shall be competent for the Justices to continue the Sist granted in such Cases from the First Meeting of the Court after the Application for a Rehearing has been made, to such Time as may be necessary for the Appearance of the Parties in order to be reheard; and in like Manner, where Absolvitor has passed in Absence of the Pursuer, it shall be competent for him, at any Time within One Calendar Month thereafter, upon consigning Two Shillings and Sixpence in the Hands of the Clerk, to obtain a Warrant, signed by the Clerk, for citing the Defender and Witnesses for both Parties, which Warrant, being served by a Constable or other Peace Officer upon the Defender, either personally or by Two Citations left at his Dwelling Place, in the Manner provided in other Cases by this Act, shall be an Authority for having the Matter reheard at the next Court Day or Court Day following, as hereby provided in the Case of a Rehearing at the Instance of the Defender; the Two Shillings and Sixpence so deposited by the Pursuer being in every Case previously paid over to the Defender.

IX. And be it enacted, That in case it shall be proved to the Satisfaction of the Justices that the Nonatténdance of Parties or Witnesses has been occasioned by any Failure of Duty on the Part of the Constable or Peace Officer, it shall be in the Power of the said Justices to punish him by a Fine to the Poor, or by Imprisonment, the Fine not exceeding Twenty Shillings Sterling, or the Imprisonment not exceeding Ten days, reserving to the

Party

Party injured any Claim and Recourse competent to him by Law against the said Constable or other Officer for Damage which he may have sustained by such Neglect or Violation of Duty as aforesaid.

Clerk or Depute Clerk to

enter Names and Designations of Parties, &c. in a Book, according to the Form

in Schedule

(B.)

be made out

X. And be it enacted, That the Clerk or Deputy Clerk shall keep a Book, wherein shall be entered the Names and Designations of the Parties, and whether present in Court or absent at the calling of the Cause, the Nature and Amount of the Claim, and Date of giving it in, the Mode of Citation, the several Deliverances or Interlocutory Orders of the Justices, and the Final Judgment or Decree, with the Date thereof, which last shall be signed by the Justices present, or by their Preses if more than Two are present, the said Entries by the Clerk being agreeable to the Tenor of the Schedule or Form marked (B.) annexed to the present Act, or with such Addition to the said Entries, as the Justices of the Peace in the several Counties shall authorize and appoint, for the better and more regular Dispatch of the Proceedings before them; and a Copy of the said Decree, contain- Decree and ing Warrant for arresting or poinding the Effects of the Defender, Warrant, &c. to or for committing his Person to Prison, together with a particular conformable to Note or Statement of the Expences, in those Cases where Ex- Schedule (A.) pences have been awarded, as the same may have been incurred and are authorized by this Act, shall by the Clerk be annexed to the Complaint, and on the same Paper with it the said Copy of Decree and Warrant, being conformable to the Schedule marked (A.) annexed to the present Act; which Copy of Decree and Warrant, being signed by the Clerk or his Deputy, and delivered to the Party in whose favour the same is granted, shall be a Warrant for Execution, after the Expiration of Ten free Days from the Date of pronouncing the Decree, if the Party against whom it shall have been given was personally present in Court when it was pronounced, or had appeared by One of his Family admitted to attend for him, or if he was not so present, Execution shall only proceed after a Charge of Ten free Days, to be Limitation of given by the Constable or Peace Officer, either by delivering a Copy of the Decree or Judgment to the Party personally, or leaving the same at his Dwelling House or Place of Abode, to which Charge the Constable or Officer shall make Oath, if required.

Execution.

XI. And be it enacted, That the said Justices may, if they Justices may think proper, direct the Sum or Sums found due to be paid by award Payment Instalments, Weekly or Monthly, according to the Circumstances by Instalments. of the Parties found liable, and under such Conditions or Qualifications as they shall think fit to annex.

Execution of
Poinding by

Constable to be
summary.

XII. And be it enacted, That the Execution of the Poinding by the Constable shall be summary, by carrying the Effects poinded to the nearest Market Town or Kirk Town or Village within the Parish, and after getting the same duly appraised, in the Manner to be regulated by an Order of the Justices for each County, at their Quarter Sessions, selling them between the Hours of Eleven and One of the Clock at the Cross or most public Place, after One Hour's Notice given by a Crier, by Public Roup, to the highest Bidder, but reserving to the Justices, at their Quarter Sessions, if they shall see fit, to appoint a different Hour for the Sale, not being earlier than that above mentioned, or a longer No- Sale.

Proceeds.

Application of tice to be given of the Time of selling, and the Overplus of the Price, if there shall be any after Payment of the Sums decerned for, and the Expences, if Expences are awarded, including what is allowed by this Act for the Poinding and Sale, shall be returned to the Owner, or if the Effects are not sold, the same shall be delivered over at the appraised Value to the Creditor, to the Amount of the Debt and Expences, if Expences are awarded, including the Allowance for poinding: Provided always, that in case the Place of Sale is not a Market Town, but only a Kirk Town or Village, the Place and Time of Sale shall be advertised Two Days at least before the Day of Sale, at the Door of the Parish Church, on Sunday after the Forenoon Service.

Sales in Villages, &c.

In case of Ex-
ecution by
Poinding or
Imprisonment,
Constable to

make a Return

to the Clerk.

XIII. And be it enacted, That in all Cases of Execution, by Poinding or Imprisonment, the Constable or other Officer to whom the Execution is committed shall on or before the next Court Day thereafter make a Return or Report to the Clerk of Court, either in Writing or verbally, as may be required by the Justices, of the Date and Manner of the Execution, the Number of Assistants employed, and the Sum or Amount, if any, recovered since the Date of the Decree; and in case of a Poinding, shall farther state the Value at which the Goods were appraised, the Place and Times of Sale, the Charges paid for Conveyance of Goods and for Warehouse Room where these Charges were incurred, and the Price for which the Goods were sold in Cases where a Sale was made; or if the Execution was by Imprisonment, he shall in his said Report state the Gaol in which the Debtor was incarcerated, which Particulars respectively, so reported by the Constable or Officer, shall be entered by the Clerk either in the Procedure Book or other Books to be kept for that Purpose, and be laid before the Justices at their Meeting next after the said Report shall have been made, and shall also be exhibited by him to any PerInspection Fee. son desiring Inspection of the same, for such Fee as shall be allowed by Order of the Justices, not exceeding Sixpence for each Time of Inspection.

To be laid before Justices.

How far only
Decree of Jus-
tices subject to
Advocation.

Limitation.

If Reduction

suer to find Caution.

XIV. And be it further enacted, That the Decree given by the said Justices in any Case competent to them by this Act shall not be subject to Advocation, nor to any Suspension, Appeal or other Stay of Execution, excepting only in the Case of Consignation, as hereinbefore provided for the Purpose of a Rehearing before the Justices, nor shall be set aside or altered in an Action of Reduction before the Court of Session, on any other Ground except that of Malice and Oppression on the Part of the Justices, nor shall any such Action of Reduction be at all competent after the Expiration of One Year from the Date of the Decree of the Justices.

XV. And be it enacted, That in case of a Reduction being brought, Pur- brought within that Time, on the alleged Ground of Malice and Oppression, the Pursuer shall, before the Summons of Reduction is called, be obliged to find sufficient Caution in the Hands of the Clerk of Court, for Payment of such Expences as may be awarded against him.

Cases in which
One Justice

may transact
Business.

XVI. And be it enacted, That notwithstanding the Provision of this Act, which requires all Causes and Complaints under the same to be heard, tried and determined by Two or more Justices

of

of the Peace, (a) nevertheless, in case no more than One Justice shall be present at the Time and Place appointed for a District Meeting, it shall be lawful and competent for the said Justice, being then and there present, to hold a Court for the Purpose of calling the Roll of Causes, of pronouncing Decrees in Absence, receiving Returns of the Executions of Citations, and granting Warrants for Citation de novo, but for no other Purposes; which Decrees in Absence so pronounced, and Warrants de novo issued, shall be equally valid and effectual as if they had been granted and issued by Two or more Justices then and there present.

(a) [Sect. 2. ante.]

XVII. And be it enacted, That the following and no other or Fees to Clerk higher Fees shall be allowed to the Clerk and Officers of Court; and Officers. videlicet,

Clerk's Fees.

From the Pursuer :

For filling up and issuing the Complaint, with Warrant annexed for citing the Defender and the Witnesses on both Sides

Sixpence.

For Copy of the Complaint and Warrant, signed by the
Clerk, for Service on the Defender

Sixpence.

For the First Time of entering in the Procedure Book the
Name and Designations of the Parties, the Nature and
Amount of the Claim, and such other Particulars as
may be directed by the Justices

For a Warrant to cite, de novo

From the Defender :

For the First Appearance of each Defender

From the Pursuer or Defender (as the Case
For every Oath of Party

For every Oath of Witness
For filling up and issuing a printed or other Form of De-
cree, with Warrant of Execution inserted therein
For a Rehearing, videlicet; for receiving Consignation
from a Defender, or the Sum appointed by this Act
to be deposited by a Pursuer, and granting Certifi-
cate thereof; granting Warrant to sist, and Warrant
for Citation of Party and Witnesses; Entry in the Pro-
cedure Book; filling up and issuing the Decree when
required, and paying over the said Consignation or
Deposit

Sixpence.

Four Pence.

Sixpence.

may be):

One Shilling.
Four Pence.

Sixpence.

One Shilling and
Sixpence.

not exceeding Six

For Inspection of the Book containing Reports of Execu- pence each Time, to tions by the Constables, a Fee

be fixed by Order of the Justices.

Constables' or Officers' Fees, from Pursuer or Defender (as the Case may be):

For each Citation, whether of a Party or Witness, with

Execution thereof

For Execution of an Arrestment

h}

Four Pence.

For Execution of a Poinding, including the Appraise

Sixpence.

ment, Payment of Assistants, and Report of the Ex-Three Shillings. ecution, as required by this Act

For selling the Goods poinded, including Payment of As- Two Shillings.

sistants, and Report of the Sale, as required by this Act Q

6. GEO. IV.

For

For Execution against the Defender's Person, including Payment of Assistants and Report of the Execution, as required by this Act.

Three Shillings.

For every Mile which the Constable or Officer travels, Four Pence.
in order to give a Citation or execute a Decree
And for each Assistant, not exceeding Two, where Assist-
ance is necessary

But no Allowance for travelling shall be received, either'
by the Officer or by Assistants, where the Distance does
not amount to a Mile; and the Allowance shall only be
charged once to the same Party for the whole Distance
actually travelled in any One Day.

Crier's Fee.

For calling each Complaint in Court

Abstract of Table of Fees to be printed.

Table of Fees to be hung up.

Officers exacting Fees beyond Table.

Penalty.

Application thereof.

Further Punishment.

Clerk to keep an Account of Fines.

Quarter Sessions to make

Divisions of County or Stewartry into Districts for Purposes of the

Act.

Three Pence.

One Penny.

XVIII. And be it further enacted, That an Abstract of the said Table of Fees shall be printed on each Complaint, and on each Copy of Complaint for Service, agreeably to the Form marked, annexed to the present Act, or other Form, to be settled by the Justices of the Peace; and a Copy of the said Table, signed by Two of the Justices and by the Clerk, shall be suspended, and continued at all Times in a patent Situation in the Clerk's Office, and in every Court Room or Place for holding of Courts under Authority of this Act: and the said Fees shall be subject to Modification by the Justices in very small Cases, or where One Complaint is directed against Two or more Defenders.

XIX. And be it enacted, That if any Clerk or Depute Clerk of the Peace, or any Constable or other Officer, shall exact or take from any Party, in a Case of small Debt, any Fee not expressly authorized by this Act, or any higher Rate or Fee than is authorized hereby, the Person so offending shall be liable to a Penalty not exceeding, if he is a Clerk or Depute Clerk, the Sum of Five Pounds for each Offence, or if he is a Constable or other Officer, not exceeding the Sum of Twenty Shillings for each Offence; which Penalties respectively shall be awarded by the Justices of the Peace, either at a Quarter Sessions or at a District Meeting, on Complaint, either written or verbal, from the Party who has been aggrieved by such illegal Exaction, and satisfactory Proof thereof, and which Penalties the Justices shall direct to be paid either to the Party complaining or to the Poor, or partly to both, as they may see fit, reserving always to the said Justices the Power competent to them of farther punishing their Officers by suspension or Dismissal, for this as well as other Acts of Malversation in Office.

XX. And be it enacted, That an Account shall be kept by the Clerk of Court of all Fines awarded by the Justices by virtue of this Act; and all such Fines shall, where the Application of them is not otherwise provided for and directed by this Act, be paid to the Poor in such Manner as the Justices shall direct.

XXI. And be it enacted, That the Justices of the Peace for each County in that Part of Great Britain called Scotland shall have Power at any Meeting of the Quarter Sessions, to make suitable Divisions of the County or Stewartry into Districts where not already done, or to alter the Divisions already made, within which the Justices of the Peace shall meet at such stated Times and

Places