Treason Outlawries (Scotland) Act 1748
| Jurisdiction | UK Non-devolved |
| Citation | 1748 c. 48 |
| Year | 1748 |
(22 Geo. 2) C A P. XLVIII.
'WHEREAS by virtue of an Act of Parliament made in the seventh Year of the Reign of her late Majesty Queen Anne , intituled,An Act for improving the Union of the two Kingdoms , all Proceedings upon Indictments for High Treason or Misprision of High Treason, committed in Scotland , ought to be according to the Laws of England: And whereas Doubts may arise touching the Method of Proceeding in Scotland to outlaw Persons, against whom Bills of Indictment are or may be found there for High Treason or Misprision of High Treason, by reason of the different Forms of Proceedings of the Courts of Justice in England and in Scotland , and of the different Kinds of Officers to carry the same into Execution:' Now, in order to remove all such Doubts, and so establish one certain, clear and plain Order and Method of Proceeding to Outlawry against Persons who have been, or shall be indicted for High Treason, or Misprision of High Treason, in Scotland ; Be it enacted by the King's most Excellent Majesty, by and with the Advice and a Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in case any Person or Persons is, are or shall be indicted for High Treason or Misprision of High Treason, before any Court of Justice in , having Jurisdiction to take such Indictments, and shall not be in Custody for the same, the Court wherein such Indictment is or shall be found, or to which the same is or shall be duly certified, shall have full Power and Authority, and are required, to issue one Writ ofCapias against the Person or Persons so indicted, being so out of Custody as aforesaid, directed to the Sheriff or Stewart of the County, Shire or Stewartry, wherein such Indictment is or shall be found, and made returnable in the same Court, forty-two Day at the least after the Teste thereof, or a longer Time, by the Discretion of the said Court, if the Case requires it; which Writ shall be delivered to such Sheriff or Stewart, who shall endeavour to find and apprehend the Defendant or Defendants named in such Writ, within his County, Shire or Stewartry; and if the Defendant or Defendants shall be named in the said Writ of any Parish or Place which lies in any County, Shire or Stewartry, other than that in which such Indictment shall be found, then the said Court shall issue one other Writ of Capias to the Sheriff or Stewart of such other County, Shire or Stewartry, of the same Teste, Return and Import with the said first-mentioned Writ of Capias ; and if such respective Sheriff or Stewart shall return to both the said Writs, or to the said first-mentioned Writ of Capias (in Cases where only one shall be necessary to be issued) that the said Defendant or Defendants is or are not to be found within the...
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