17. ADMIRALTY AND SHERIFFS COURTS TO PROCEED TO TRIAL BY JURY WITHOUT REDUCING THE EVIDENCE TO WRITING-JUDGES TO PRESERVE AND AUTHENTICATE THEIR NOTES.-It shall and may be lawful for the High Court of Admiralty and for the court of the sheriff respectively to proceed in, try, and determine all causes and prosecutions for crimes before them, where the trial is by jury, by verdict of such jury, upon examining and hearing the evidence of the witness or witnesses in any such cause or prosecution vivâ voce, without reducing into writing the testimony of any such witness or witnesses, in the same manner and according to the same rules as are observed in trials before the Court of Justiciary; and it is hereby provided, that the judge trying such causes or prosecutions shall preserve and duly authenticate the notes of the evidence taken by him in such trial, and shall exhibit the same, or a certified copy thereof, in case the same should be called for by the Court of Justiciary.

18. CERTAIN PROCEEDINGS IN TRIALS IN SHERIFFS COURTS WITHOUT JURY NOT TO BE TAKEN DOWN IN WRITING.-In trials of crimes before the sheriff or other inferior court in Scotland, without a jury, no part of the proceedings, which is not in use to be taken down in writing in trials by jury, shall be so taken down, excepting only the depositions of witnesses.

19. SUMMARY FORM OF PROCEEDING IN CERTAIN CASES-RECord to be presERVED IN FORM IN SCHEDULE C.-In the prosecution of criminal offences before sheriffs of counties in Scotland, where the prosecutor shall, in his libel, conclude for a fine not exceeding ten pounds, together with expences, or for imprisonment in gaol or in bridewell, not exceeding sixty days, accompanied, when necessary, with caution for good behaviour or to keep the peace for a period not exceeding six months, and under a penalty not exceeding twenty pounds, it shall and may be lawful to proceed to try such offences in the easiest and most expeditious manner, without the pleadings or evidence being reduced into writing: Provided always, that a record shall be preserved of the charge and of the judgment, including the names of the witnesses examined on oath, unless where the accused pleads guilty, which shall be made to appear; and the said record shall also set forth, if the prosecutor or accused party desire it, any offer of proof made by either of those parties, and refused to be admitted; and likewise, if so desired, any objections to the admissibility of evidence sustained or repelled by the court; which record shall be in the form contained in the schedule annexed to this Act, and there designated by the letter C.

20. SHERIFF TO PRESERVE NOTES OF EVIDENCE.-The sheriff so trying any such offence shall preserve a note of the evidence taken by him on such trial and shall exhibit the same, or a certified copy thereof, in case the same should be called for by the Court of Justiciary.

21. WARRANTS OF IMPRISONMENT FOR PENALTIES, &C. TO SPECIFY THE PERIOD OF DISCHARGE, THOUGH PENALTY, &C. BE NOT PAID.-All warrants of imprisonment for payment of penalty, or for finding of caution, shall specify a period at the expiry of which the person sentenced shall be discharged, notwithstanding such penalty shall not have been paid, or caution found.

22. SHERIFF DEPUTE MAY BE ADDRESSED AS SHERIFF.

The sheriff depute

may be addressed by the title of sheriff, without the term depute being added.

S. 22 in part rep. 53 & 54 Vict. c. 33 (S.L.R.).

23. FEES ON CRIMINAL LIBELS.-No fees or expences of any description shall be exigible by the clerks or other officers of a criminal court, from any person on whom a criminal libel shall have been served, unless the same shall form part of the sentence of the court; but the fees exigible from the prosecutor by such clerks and officers shall not be affected by the provisions of this Act; and on trials before the circuit court of Justiciary by indictment, where before the passing of this Act the same must have proceeded on criminal letters, the same fees shall be payable by the prosecutor on such indictment as if criminal letters had been used as heretofore.

24. BEFORE THE CLOSING OF ANY CIRCUIT COURT, returns to be made to COURT BY SHERIFFS OF PERSONS COMMITTED AND REMAINING IN GAOL.-Before any circuit court shall be declared ended, the sheriffs of the counties included therein shall respectively lay before the court a return, showing to as late a date as it can be made up the names of all such persons as may stand committed to the several gaols within their respective counties on warrants of detention, until liberated in due course of law, and who have

not been brought to trial before the said court, and are still remaining in gaol; which return shall specify the crime or crimes of which such prisoners are accused, and the date of such warrants of commitment respectively; and the said court is hereby required to call for such returns for their inspection, and to cause the same to be presented in open court, and thereafter to direct the clerk of court to lodge the same in the justiciary office at Edinburgh for preservation.

25. RECORDS OF COMMITMENTS AND LIBERATIONS TO BE KEPT IN GAOLS IN FORM IN SCHEDULE D., AND EXHIBITED TO THE SHERIFF WHEN REQUIRED.-Records shall be kept in every gaol in Scotland, respecting the commitment and liberation of prisoners committed under criminal warrants, according to the form contained in the schedule annexed to this Act, and therein designated by the letter D., which records the magistrates of burghs and keepers of gaols are hereby ordered and required accurately to keep; and the keepers of gaols in Scotland are hereby ordained and required at all times to exhibit to the sheriff of the county within which such gaols may be respectively situated, without fee or reward, such records, when so required.

26. PROVISIONS OF 43 GEO. 3, c. 141, EXTENDED TO ALL INFERIOR JUDGES IN SCOTLAND AS TO SENTENCES ON CRIMINAL TRIALS.-The provisions of an Act made in the forty-third year of the reign of his late Majesty King George the Third, intituled "An "Act to render justices of the peace more safe in the execution of their duty," shall extend to all inferior judges and magistrates in Scotland, in regard to any sentence pronounced or proceeding had in any criminal trial.

[S. 27 rep. 51 & 52 Vict. c. 57 (S.L.R.).]

SCHEDULES to which the Act refers.

A.

FORM of NOTICE.

A.B., take notice, that you will have to compear before the High Court of Justiciary [or other court to be specified], to answer to the criminal libel against you, to which this notice is attached, on the

day of

This notice served on the

at day of

of the clock. by me C.D., macer [or other officer of the law].

[Schedule B. rep. 53 & 54 Vict. c. 33 (S.L.R.).]

C.
1.-LIBEL.

UNTO the Sheriff of the County of

the Complaint of the Procurator

Fiscal of Court [or other Party with his Concurrence],

Humbly sheweth,

day of

That [J.K.] has been guilty of the crime of theft [or other crime] actor, or art and part, in so far as on the or about that time, he did [here state the particulars of the offence, specifying particularly the place where the crime was committed]. May it therefore please your lordship to grant warrant to apprehend the said and bring him before you [or to cite him to appear before you] to answer to this libel, and thereafter to [here specify the punishment concluded for], according to justice. A.B.

The sheriff, having considered this libel, grants warrant to officers of court to apprehend the above designed [J.K.], and to bring him [or to cite him to appear] to answer the same, and also to cite witnesses for both parties.

[When stolen goods, or the like, are to be searched for, this will be included in the libel and warrant.]

C.D.

Name.

At

to him, he answers that

3.-PROCEDURE.

18

compeared the said J.K., and the libel being read over

J.K.

C.D.

[If the accused pleads not guilty, or the case be not concluded at the first diet and in the meantime

The sheriff adjourns the diet to

at

to be

grants warrant to incarcerate the said [J.K.] in the tolbooth of detained 'till that time, [or until he finds caution to appear at all future diets of court, under a penalty of C.D.

At

18 , compeared the said [J.K.]

The witnesses after named were examined, upon oath, in support of the libel videlicet,

G.H.
L.M.

And the witnesses after named were examined, on oath, in exculpation, videlicet,

THE LAND TAX COMMISSIONERS ACT, 1828 (Short Titles Act, 1896).

AN ACT for rectifying Mistakes in the names of the Land Tax Commissioners, and for appointing additional Commissioners, and indemnifying such Persons as have acted without due Authority in execution of the Acts therein recited. [27th June 1828.]

[Preamble recites 7 & 8 Geo. 4, c. 75.]

[Ss. 1-3 rep. 61 & 62 Vict. c. 22 (S.L.R.); s. 4 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

Remarks.

5. ALL. MATTERS WHICH ARE DIRECTED BY THE LAND TAX ACTS TO BE EXECUTED BY THREE OR MORE COMMISSIONERS MAY BE EXECUTED BY TWO OR MORE OF SUCH COMMISSIONERS. [Recital] All acts, matters, and things whatsoever, which in and by the Acts relating to the land tax are directed, authorized, or required to be done, executed, or performed by or before three or more commissioners acting in the execution thereof, shall and may be done, executed, or performed by and before any two or more of such commissioners; and all acts, matters, and things so hereafter to be done, executed, and performed by or before two or more of such commissioners, shall be as valid and effectual in all respects, and to all intents and purposes whatsoever, as if the same acts respectively were done, executed, or performed by or before three or more commissioners; any thing in the said Acts or this Act contained to the contrary notwithstanding.

CHAPTER XXXIX.

THE SALMON FISHERIES (SCOTLAND) ACT, 1828 (Short Titles Act, 1896).

AN ACT for the Preservation of the Salmon Fisheries in Scotland.
[15th July 1828.]

[Preamble.]

1. NO FISH OF THE SALMON KIND TO BE TAKEN BETWEEN THE 14TH SEPT. AND 1ST FEBRUARY.No salmon, grilse, sea trout, nor other fish of the salmon kind, shall be taken in or from any river, stream, lake, water, or estuary whatsoever, or on any part of the sea coast between the fourteenth day of September and the first day of February in any year, by any person or persons; any law, statute, or practice to the contrary notwithstanding.

S. 1 in part rep. 36 & 37 Vict. c. 91 (S.L.R.), and 53 & 54 Vict. c. 33 (S.L.R.).
[S. 2 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

3. PENALTY ON PERSONS TRESPASSING WITH INTENT TO KILL FISH.-If any person shall trespass in any ground, inclosed or uninclosed, or in or upon any river, stream, watercourse, or estuary with intent to kill salmon, grilse, sea trout, or other fish of the salmon kind, such person shall forfeit and pay any sum not less than ten shillings and not exceeding five pounds.

[Ss. 4-6 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

7. SATURDAY'S SLOP TO BE KEPT.-And whereas by an Act passed in the Parliament of Scotland in the year one thousand four hundred and seventy-seven, intituled "Anent cruves," it is inter alia ordained, that they that hes cruves in fresh waters gar keip the lawes anent Satterdaies slop, and suffer them not to stand in forbidden time; and that ilk heck of the said cruves be three inche wide, and quha that beis convict thereof to pay five pund: And whereas it is expedient that the said penalty of five pounds Scots money should be augmented: Be it therefore enacted, that if any owner or occupier of cruves shall offend against the said law, such person shall forfeit and pay a sum not less than five pounds nor exceeding twenty pounds sterling for every such offence.

[S. 8 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

9. RECOVERY AND APPLICATION OF PENALTIES-APPEAL.-Provided always, that each and every penalty provided by this Act shall go to the informer, and may and shall be recoverable with expences, as well before the sheriff as before the justices of the peace of any county as aforesaid wherein the same may be incurred, or where the offender shall reside, at the instance of any person or persons who shall prosecute for the same; and in prosecutions for the different penalties imposed by this Act, or any other Act for the preservation of the salmon fisheries in Scotland, it shall be lawful for the sheriff or justices before whom any complaint for the recovery thereof may be brought to proceed in a summary way, and to grant warrant for bringing the parties complained upon immediately before them, and on proof on oath by one or more credible witnesses, or confession of the offence, or other legal evidence, forthwith to determine and give S.S. R. II. 9 129

judgment in such complaint, without any written pleadings or record of evidence, and to grant warrant for the recovery of all penalties and expences decerned for, failing payment within fourteen days after conviction, by poinding and imprisonment, for a period, at the discretion of the sheriff or justices, not exceeding six months, it being hereby provided that a record shall be preserved of the charge and of the judgment pronounced; and any person or persons who shall think himself, herself, or themselves aggrieved by any judgment of any sheriff or justices, pronounced in any case arising under this Act, or by assessment made under this Act, in Scotland, may appeal to the commissioners of Justiciary at their next circuit court, or, where there are no circuit courts, to the High Court of Justiciary at Edinburgh, in the manner and by and under the rules, limitations, conditions, and restrictions contained in the Act passed in the twentieth year of the reign of King George the Second, for taking away and abolishing the heritable jurisdictions in Scotland; with this variation, that such person or persons shall, in place of finding caution in the terms prescribed by the said Act, be bound to find caution to pay the penalty or penalties, and expences, awarded against him, her, or them by the sentence or sentences appealed from, in the event of the appeal or appeals being dismissed, together with any additional expences that shall be awarded by the circuit court on dismissing the said appeal or appeals; and it shall not be competent to appeal from or bring the judgments of any justices or sheriff acting under this Act under review, by advocation or suspension, or by reduction, or in any other way than as herein provided. 10. TWO PROPRIETORS OF FISHERIES ON ANY RIVER IN SCOTLAND MAY CALL MEETINGS OF OTHER PROPRIETORS ON THE SAME, IN ORDER TO ASSESS THEM ACCORDINg to the RenTS OF THEIR FISHERIES FOR THE PURPOSES OF THIS ACT-MEETINGS MAY APPOINT CLERKS, WATER BAILIFFS, &c.-ASSESSMENTS RECOVERABLE UNDER 6 Geo. 4, c. 24—Proviso as TO FISHERIES SITUATE WITHIN FIVE MILES OF THE MOUTHS OF MORE THAN ONE RIVER.-It shall be lawful, in Scotland, for any two proprietors of salmon fisheries in any river, or any stream, lake, water, or estuary, communicating therewith, from time to time to call meetings of all the other proprietors of salmon fisheries in such river, and the several streams, lakes, waters, and estuaries communicating therewith, or on the sea coast within five miles of the mouth of such river or estuary, by three several advertisements in any newspaper published in the county where such meeting is to be held, or if no newspaper be there published, then in any newspaper published in any adjoining county, and also in one Edinburgh newspaper, fourteen days before such meeting shall be held; at which meetings it shall be lawful for the majority of proprietors in number and value attending, or authorizing their factors or other proprietors by a written mandate to act for them, to assess the whole proprietors of salmon fisheries in such river, stream, lake, water, or estuary, and on the sea coast within five miles of the mouth of such river or estuary, in such sums as they shall think fit, rateably according to the real rents of their fisheries, for the purpose of enforcing this Act, and the other laws regulating salmon fisheries; and it shall be lawful for such meetings to appoint and pay clerks, water bailiffs, and other officers, as they shall see cause; and all such assessments shall be recoverable in the sheriff's court, at the instance of any clerk or other person authorized by any such meeting, in the same manner and under the same provisions and regulations as small debts are now recovered by the Act passed in the sixth year of the reign of his present Majesty, intituled "An Act for the more easy recovery of small "debts in the sheriff courts in Scotland"; and this notwithstanding the amount of such assessment shall exceed eight pounds: Provided always, that if any salmon fishery on the sea coast shall be within five miles of the mouths of more than one river or estuary, the proprietor of such fishery shall be liable in one assessment only for such fishery, and shall be at liberty to make his election of any one such river or estuary in connection with which he shall be assessed.

11. APPREHENSION OF OFFENDERS.-It shall be lawful for any person, without any warrant or other authority than this Act, brevi manu, to seize and detain any person who shall be found committing any offence against this Act, and to carry such person before any justice of the peace or other magistrate, or to deliver such person to a constable, who is hereby required to carry such person before a justice of the peace or magistrate, who shall forthwith examine and discharge, or commit such person until caution de judicio sisti be found, as the case may require.

12. JUSTICES, THOUGH INTERESTED IN FISHERIES, MAY ACT-OWNERS NOT INCOMPETENT WITNESSES.-All justices of the peace and other magistrates shall and may act in the