Bail in Criminal Cases (Scotland) Act 1724
| Jurisdiction | UK Non-devolved |
| Citation | 1724 c. 26 |
| Year | 1724 |
(11 Geo. 1) C A P. XXVI.
'WHEREAS by an Act made in the first Year of his Majesty's Reign, intituled, Scotland, it was enacted, That from and after the first Day ofNovember which was in the Year of our Lord one thousand seven hundred and sixteen, it should not be lawful for any Person or Persons (except only such Persons as are therein mentioned and described) within the Shires of Dunbartain on the North-side of the Water of Leven, Sterling on the North-side of the River of Forth, Perth, Kincairdin, Aberdeen, Inverness, Nairn, Cromarty, Argyle, Forfar, Bamf, Sutherland, Caithness, Elgin and Ross , to have in his, her or their Custody, use or bear, Broad Sword or Target, Poynard, Whingar or Durk, Side-Pistol or Side-Pistols, or Gun, or any other warlike Weapons, in the Fields, or in the Way coming or going to, from or at any Church, Market, Fair, Burials, Huntings, Meetings or any other Occasion whatsoever, within the Bounds aforesaid, or to come into the Low Countries armed as aforesaid: And in case any of the said Person or Persons above described should have in his Custody, use or bear Arms, otherwise than in the said Act was directed, every such Person or Persons so offending, being thereof lawfully convicted before one or more Justices of the Peace, or before any other Judge Competent of the Place summarily, should for the first Offence forfeit all such Arms, and be liable to a Fine not exceeding forty Pounds Sterling, and not under five Pounds Sterling, and to be imprisoned till Payment of the said Fine; which if not instantly paid after Commitment, the said Fine might and should be levied out of the Offender's Goods and Estate, by Warrant of the Judge, who should pronounce any such Sentence, to be applied in such Manner as by the said Act was directed, and the Offender should be further liable to a Month's Imprisonment; and being convicted for a second Offence before the Court of Justiciary, or before the Judges at their Circuits, should forfeit such Arms, and be liable to a Fine not exceeding eighty Pounds Sterling, nor under ten Pounds Sterling; and for every subsequent Offence, to a Fine the Double of the former, to be levied and applied as by the said Act is directed; and that for the want of Payment of any such Fine, or a sufficient Distress to satisfy the Payment of it, the Offender should be liable to be transported to any of his Majesty's Plantations beyond the Seas, there to remain for the Space of seven Years, as by the said Act, Relation being thereunto had, may at large appear. And whereas notwithstanding the said recited Act, many Persons within the said several Shires and Bounds still continue possessed of great Quantities of Arms and warlike Weapons, which they use and bear as formerly, and therewith, in Contempt and Defiance of the Laws of the Kingdom, commit many Robberies and Depredations, oppose the due Execution of Justice against Robbers, Outlaws and Persons attainted of High Treason for the late unnatural Rebellion, and collect for their own Use, the Rents of Estates forfeited by such attainted Persons, and belonging to the Publick, to the Dishonour of the Government, and the Terror and great Loss of his Majesty's faithful Subjects inhabiting in that Part of the Kingdom:' Now for putting a Stop to the said present Mischiefs, and for preventing the like in Time to come, 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 time to time, and at all Times hereafter, it shall and may be lawful to and for the Lord Lieutenant of every one of the said Shires, or to and for any such other Person or Personsas his Majesty, his Heirs or Successors, shall by his or their Sign Manual, from time to time, think fit to authorize and appoint in that Behalf, to cause Letters or Summons to be issued in his Majesty's Name, and under his or their respective Hands and Seals, directed to such of the Clans and Persons within the said several Shires and Bounds, as he or they from time to time shall think fit, thereby commanding and requiring all and every Person and Persons of or belonging to such Clan or Clans, and all and every such other Persons therein named, inhabiting within the particular Limits therein described, on a certain Day in such Summons prefixed, to bring in and deliver up, at a certain Place in such Summons also to be mentioned, all and singulay his and their Arms and warlike Weapons unto such Lord Lieutenant, or other Person or Persons authorized and appointed by his Majesty, his Heirs or Successors, in that Behalf as aforesaid, for the Use of his Majesty, his Heirs and Successors, and to be by him or them disposed of in such Manner as his Majesty, his Heirs and Successors shall afterwards appoint; and if at any Timeafter the Day in such Summons prefixed, any Person or Persons belonging to the Clan or Clans in such Summons named, or any other Person or Persons aforesaid in such Summons mentioned, shall by the Oath of any two or more credible Witnesses, be convicted before any two or more of his Majesty's Justices of the Peace for the Shire or Stewartry, where such Offender or Offenders reside, or is or are apprehended, of having or bearing any Arms or warlike Weapons after the Day prefixed in such Summons, such Person or Persons being so convicted as aforesaid, shall and may, by Warrant under the Hands and Seals of such Justices of the Peace, be forthwith committed to such safe Custody as in the said Warrant shall be expressed, to be there kept and detained without Bail, until the said Justices of the Peace shall cause him or them to be delivered over (as they are hereby respectively impowered and required to do) unto such Officer or Officers belonging to the Forces of his Majesty, his Heirs and Successors as shall be appointed from time to time, to receive such Men, within every such Shire or Place respectively, to serve as Soldiers in any Part of his Majesty's Dominions beyond the Seas; for which Purpose the respective Officers who shall receive such Men, shall then cause the Articles of War against Mutiny and Desertion to be read to him or them in the Presence of such Persons as shall so deliver over such Men unto such Officers respectively, who shall cause an Entry or Memorial thereof to be made, together with the Names of the Persons so...
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