Sheriffs (Scotland) Act 1747
| Jurisdiction | UK Non-devolved |
| Citation | 1747 c. 19 |
| Year | 1747 |
(21 Geo. 2) C A P. XIX.
FOR the more impartial and effectual Trial and Punishment of all Offences of High Treason and Misprision of High Treason, committed in the Highlands ofScotland , and the Limits and Bounds herein after-mentioned; and for taking away any Hopes of Impunity from Persons guilty of Crimes so dangerous to his Majesty's Government and the present happy Establishment; 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 and after the first Day ofApril in the Year of our Lord one thousand seven hundred and forty-eight, all Offences of High Treason, and Misprision of High Treason, already committed, or hereafter to be committed, in the Shires ofDunbartain, Sterling, Perth, Kincardine, Aberdeen, Inverness Nairn, Cromartie, Argyll, Forsar, Bamff, Sutherland, Caithness, Elgine and Ross , and the Shire or Stewartry of Orkney , or any of them, in that Part of Great Britain called Scotland , may be enquired of, heard, tried and determined in the Court of Justiciarythere, in the County, Shire or Stewartry where the said Court shall sit, or before such Commissioners or Justices ofOyer and Terminer , and in such County, Shire or Stewartry within that Part of Great Britain called Scotland , as shall be assigned by his Majesty, his Heirs or Successors, by his or their Commission, under the Great Seal of Great Britain , in like Manner and Form to all Intents and Purposes, as if such Offences of High Treason, or Misprision of High Treason, had been done or committed in the same County, Shire or Stewartry where they shall be so enquired of, heard, tried and determined, as aforesaid.
II Jurors may be taken from the adjoining Shires.
II. And to the end that there may be no Defect of Jurors to enquire of, or try the said Offences of High Treason, and Misprision of High Treason, committed in any Part ofScotland ; Be it enacted by the Authority aforesaid, That all Enquiries and Trials for High Treason, or Misprision of High Treason, committed or to be committed in that Part of Great Britain called Scotland , may be had by good and lawful Men, not only of the Body of the County, Shire or Stewartry out of which they ought to come, by virtue of the Provision aforesaid, or of former Laws, but also of the Bodies of the Counties, Shiresor Stewartries next adjoining, or any of them; and the said Court of Justiciary, and the said Commissioners or Justices ofOyer and Terminer respectively, may and shall issue Process for that Purpose, to the respective Sheriffs or Stewarts of the said County, Shire or Stewartry out of which the Jury ought to come as aforesaid, and the Counties, Shires or Stewartries next adjoining thereto, or any of them, requiring them to return such a Number of Jurors respectively, as to the said Court, or the said Commissioners or Justices shall seem meet; and that in all such Cases, no Challenge for the County, Shire or Stewartryshall be allowed; but nevertheless upon the Trial of any such High Treason or Misprision of High Treason, the Challenge to any Juror for not being possessed in his own Right, or in the Right of his Wife, of Lands or Tenements, as Proprietor or Life Renter within the County, Shire or Stewartry out of which the Juryought to come as aforesaid, or within any of the Counties, Shires or Stewartries next adjoining thereto, and all other lawful Challenges to Jurors shall be allowed.
III Three Lords of the Justiciary to be in the Commission of Oyer and Terminer.
III. And be it further enacted by the Authority aforesaid, That three of the Lords of the Justiciary shall be named and...
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