Justiciary (Scotland) Act 1848
| Jurisdiction | UK Non-devolved |
(11 & 12 Vict.) C A P. LXXIX.
[31st August 1848]
'WHEREAS it is expedient that the Procedure in the Court of Justiciary inScotland should be simplified and amended:' Be it enacted by the Queen'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 it shall be lawful to use printed Copies, or Copies partly printed and partly written, of all Indictments and Criminal Letters before the High Court of Justiciary and Circuit Courts of Justiciary inScotland, as the principal or Record Copies of such Writs, instead of the written Copies thereof heretofore used for that Purpose: Provided always, that such printed or partly printed and partly written Copies shall be authenticated, in the Case of Indictments, by the Subscription of Her Majesty's Advocate or of One of his Deputes, and in the Case of Criminal Letters, by the Subscription of One of the Clerks of Court, according to the present Practice.
II Letters of Diligence to be issued by the Clerk on Exhibition of Indictment, and Roll or Minute Book of the same to be kept by the Clerk.
II. 'And whereas Letters of Diligence for citing Parties, Witnesses, and Assizers are issued as a Matter of Course at the Instance of Her Majesty's Advocate, and according to the present Practice such Letters, both in the High Court and Circuit Courts of Justiciary, proceed on Bills the Deliverances on which require to be subscribed by One of the Judges of the said Court, which Proceeding is unnecessary and inconvenient:' Be it enacted, That such Bills shall hereafter be dispensed with, and such Letters of Diligence, in Cases before both the High Court and Circuit Courts of Justiciary, shall be issued by the Clerk of Court to Her Majesty's Advocate, on Exhibition of the Indictment on which such Letters of Diligence are required to be raised, or a Copy thereof, signed by the Crown Agent for the Time being; and it shall not be necessary that such Letters pass the Signet of the said Court: Provided always, that a Roll or Minute Book of all such Letters of Diligence, whether issued for the High Court or Circuit Courts of Justiciary, shall be kept by the Clerk of Justiciary.
III Deliverances on Bills to be signed by Clerk of Justiciary.
III. And be it enacted, That all Deliverances on Bills for Criminal Letters, Letters of Supplement, Lawburrows, Horning, and Caption, and on all ordinary Bills passing of course or without Opposition, shall be signed by One of the Clerks of Court instead of by One of the Judges, as at present, and the Signature of such Clerk shall be as effectual for passing such Bills as if they had been subscribed according to the present Practice: Provided always, that Bills or Petitions for Letters of Intimation or Liberation under an Act of theScottish Parliament passed in the Year One thousand seven hundred and one, intituled An Actfor preventing wrongous Imprisonment, and against undue Delay in Trials, shall remain as at present, and shall be presented to and disposed of by One of the Judges, or by the Court...
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