united kingdom called Ireland, it shall and may be lawful for any justice of the peace of the county or place in Ireland, whither or where such person or persons shall escape, go into, or reside, or be, to indorse his name on such warrant, which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all sheriffs' officers, constables, and other peace officers of the county or place in Ireland where such warrant shall be so indorsed, to execute the said warrant in the county or place in Ireland where it is so indorsed, by apprehending the person or persons against whom such warrant may granted, and to convey him, her, or them, by the most direct way into England or Scotland respectively, and before one of the justices of peace of the county or stewartry, in England or Scotland respectively, living near the place and in the county where he, she, or they shall arrive and land, which justice of peace is hereby authorised and required to proceed with regard to such person or persons as if such person or persons had been legally apprehended in the said county or stewartry of England or Scotland respectively.

be

V. And be it further enacted, That the expense of removing prisoners as aforesaid to any place in England, Scotland and Ireland respectively, shall be repaid to the person defraying the same by the treasurer of the county in England or Ireland respectively, or by the sheriff or stewart depute or substitute of the county or stewartry in Scotland in which the crime was committed, the amount of such expense being previously ascertained by an account thereof verified upon oath before two of the justices of the peace of such county or stewartry, and allowed and signed by them; and such treasurer, sheriff, or stewart depute or substitute, shall be allowed such payments in their respective accounts.

This act was amended by the statute 45. of Geo. III. cap. 92.

The statute 48. of Geo. III. cap. 58, inter alia, authorises the execution in Scotland of certain warrants issued for offences committed in England.

86

"for

And the statute 54. of Geo. III. cap. 186, "the more easy apprehending and trying of offenders escaping from one part of the united kingdom to "the other," recites the acts 13. Geo. III. cap. 31,— 44. of Geo. III. cap. 92,-and 45. Geo. III. cap. 92, and proceeds to declare,

That so much of the said last-recited act as enacts that it shall not be lawful for any judge or justice to indorse any warrant, unless the same shall appear to have issued, if in England or Ireland, upon some indictment found or information filed, or if in Scotland, upon some libel or criminal letters raised and passed under the signet of the Court of Justiciary, against the person or persons named in such warrant, or unless the same shall appear to have issued in respect of some capital crime or felony mentioned in such warrant; and that in all cases in which any warrant or certificate shall be required to be acted upon in any part of the united kingdom, other than that in which the same was originally issued, it shall not be lawful for any court, or any judge or justice, to proceed to enforce or act upon the same, until it shall be proved upon oath to such court, judge, or justice, that the seal, signet, and signature upon the same, are the seal, signet and signature respectively of the court, judge, or justice, whose seal, signet, and signature, the same respectively purport to be, shall be, and the same are hereby repeal

ed.

II. And be it further enacted, That from and after the passing of this act, all warrants issued in England, Scotland or Ireland respectively, may and shall be indorsed and executed, and enforced and acted upon, in any part of the united kingdom, in such and the like manner as is directed

by the said first-recited act of the thirteenth year of the reign of his present Majesty, in relation to warrants issued or granted in England and Scotland respectively, as fully and effectually, to all intents and purposes, as if all the provisions of the said act were in this act severally and separately repeated and re-enacted and made part of this act, as to every part of the united kingdom, and as to all justices of the peace, sheriffs' officers, constables, or other officer or officers of the peace in Ireland, as well as in England and Scotland respectively.

III. And be it further enacted, That it shall be lawful for any judge of any of his Majesty's courts of record in Westminster, of the court of sessions in the county palatine of Chester, or of any of the courts of great sessions in Wales, or for any judge in any of his Majesty's courts of record in Dublin, to indorse any letters of second diligence issued in Scotland, for compelling the attendance of any witness or witnesses resident in England, Wales, or Ireland, upon any criminal trial in Scotland; and that such letters shall, upon such indorsement, have the like force and effect as the same would have in Scotland, and shall entitle the bearer thereof to apprehend the witness or witnesses mentioned therein, and to convey such witness or witnesses to Scotland, for the purposes of the trial or trials in respect of which such letters shall have been issued, without any tender of any expense or expenses of any such witness or witnesses; any thing contained in the said last-recited act of the forty-fifth year aforesaid to the contrary notwithstanding.

SMALL DEBT COURT.

The first institution of this useful court took place in virtue of the statute 35. of Geo. III. cap. 123, "for

"the more easy and expeditious recovery of small debts, "and determining small causes arising out of personal "contract or obligation in that part of Great Britain "called Scotland."

Afterwards the statute 39. and 40. of Geo. III. cap. 46, was passed for a similar purpose.

And, lastly, the statute 6. of Geo. IV. cap. 48, of alter and amend the above act 89. and 40. of Geo. III. placed this court on its present footing. It is in these

terms:

"I. Whereas the regulations introduced by the act made "in the thirty-ninth and fortieth years of his late Majesty, "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 sug"gested for the improvement thereof should be introduced:" That from and after the first day of January next, the said last-mentioned act shall be, and the same is hereby repealed, except as to such causes and complaints as may be brought 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.

II. And be it enacted, That from and after the first day of January next, (which is hereby declared to be the commencement of this act,) it shall be lawful and competent for any two or more of his Majesty's justices of the peace, in that part of Great Britain called Scotland, within their respective counties or stewartries, to hear, try and determine, as shall appear to them agreeable to equity and good consci

F

ence, 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 herein-after mentioned: Provided always, That the debt or demand shall not exceed the value of five pounds sterling, exclusive of expenses.

III. And be it enacted, That all such causes shall proceed upon complaint agreeable to the form in schedule (A.) subjoined 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 court 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 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 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 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