Page:Ruffhead - The Statutes at Large - vol 5.djvu/590

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

54-4- C. 27, 28. Anno imdecimo Georgii Regis. A.D. 1724. Times for put- ting In Execution Sentences im- porting a Capital or Corporal Pu- nifhment. Judgment for Corporal Punrfil- jnent lefs than Death, &c. may be executed after eight Days, &c. 3 Geo. 2. c. 32. feft. 2. Magiftrates may extend the Bail in Criminal In- formations to .double the Sums in the A£t made 7701. Howthe Charges of apprehending Criminals, Sec. ihall be defrayed. Continuance. Set farther 19 Geo. 2. c, 39. a 1 Geo. 2. c. 34, 36 Geo. 2. ft 29. Kec'ting the Ac~ls 6 & 7 Ann c. 31. for pre- ventisg Fire. deliver up their Arms-, but if any Perfon or Perfons fhall refufe or neglect to deliver up their Arms, in Obedience to fuch Summons as aforefaid, or fhall be afterwards found in Arms, he and they fhall be li- able to the Penalties and Forfeitures of the Statute above recited, as well as to the Penalties of this pre- fent Act. X. And to the Intent that no Perfon or Perfons whatfoever, who fhall be convicted by any Civil Ma- giftrate, or Court of Judicature, within that Part of Great Britain called Scotland, of any Crime, import- ing a Capital or any other Corporal Punifhment, may be grieved by the over hafty Execution of fuch Sentence, without allowing Time for Application to his Majefty, or to his Heirs and Suceffors, for his or their gracious Pardon ; Be it enacted by the Authority aforefaid, That from and after the firft Day of June one thoufand feven hundred and twenty-five, no Sentence or Judgment of any Civil Magiftrate, or Court of Judicature, importing a Capital or any Corporal Punifhment, if pronounced in Edinburgh, or any other Part of Scotland to the Southward of the Frith or River of Forth, fhall be put to Execution within lefs than thirty Days after the Date of fuch Sentence ; and if pronounced in any Place to the Northward of the faid Frith or River of Forth, fhajl be put to Execution within lefs than forty Days af- ter the Date of fuch Sentence : Provided neverthelefs, That nothing herein contained fhall hinder or dif- able the Courts of Judicature, or any other Civil Magiftrate within Scotland, to commit to Gaol, and detain in Cuftody, in order to Trial, or in Order to the Execution of Sentences, as they by Law might have done before the making of this Act. ' XL And whereas it is found by Experience, that the Sums for which Bail is to be taken on any Cri- minal Information, in that Part of Great Britain called Scotland, in Purfuance of the Act of Parliament made there in the Year one thoufand feven hundred and one, intituled, An A 'Si for preventing wrongous Imprifonment, and againjl undue delays in Trials, are too fmall and difproportioned to the Danger of the Criminals efcaping from the Punifhment appointed by Law, extending no higher than to the Sum of fix thoufand Merks for a Nobleman, three thoufand Merits for a landed Gentleman, one thoufand Merks for any other Gentleman or Burgefs, and three hundred Merks, all Money of Scotland, for any other infe- rior Perfon ;' Be it therefore enacted by the Authority aforefaid, That from and after the faid firft Day of June one thoufand feven hundred and twenty-five, it may and fhall be lawful to and for all and every Magiftrate, Judge, and Court of Judicature within Scotland, who by the faid A<£t above recited were, in cafe of Criminal Informations and Accufations, directed to limit the Bail by them to be taken to the fe- veral and refpective Sums above mentioned, to extend the Bail to be given in the faid feveral and refpec- tive Cafes to double the Sums provided by the aforefaid Act, if he or they upon the Circumftances of the Cafe fball think fit. ' XII. And whereas for Want of a fufficient Fund for defraying the Charges of apprehending Crimi-

  • nals in North Britain, and of fubfifting them when apprehended, until Profecution, and of carrying on

' the neceffary Trofecutions againft them, it often happens that Criminals there efcape the Punifhment 6 due to their Offences :' For preventing of which Inconveniences for the future, Be it enacted by the Authority aforefaid, That it fhall and may be lawful to and for the Freeholders of every Shire, County or Diftriit in North Britain, to aflefs the feveral Shires or Stewartries where their Eftates lie, at their Meetings at any of their Head Courts yearly, in fuch Sums as they fhall judge reafonable and fufficient for the Purpofes aforefaid ; and that fuch Monies fo from time to time to be aflefled, fhall be collect- ed, received an accounted for by fuch Perfon and Perfons, and in fuch Manner, as fuch Freeholders fhall from time to appoint, and fhall be applied for defraying the Charges of apprehending of Criminals, and of fubfifting of them in Prifon until Profecution, and of profecuting fuch Criminals for their feveral Of- fences by due Courfe of Law, and to and for no other Ule or Purpofe whatfoever. XIII. Provided always^ and it is hereby enacted and declared by the Authority aforefaid, That fo much of this A61 and of all and every the Claufes and Provifoes herein contained, which are mentioned, or in- tended to put a flop to, and for preventing for the future the Mifchiefs in this Act firft recited, and which concern and relate to the fummoning and difarming the Perfons herein before mentioned and intended to be difarmed, fhall be, remain and continue in full Force and Virtue, for and during the full Term of feven Years, and from thence to the End of the then next Seffion of Parliament, and no longer ; any thing herein before faid or contained to the contrary in any wife notwithftanding. CAP. XXVII. An Act for enlarging the Term granted by an Act palled in the fifth Year of the Reign of her late Majefty Queen Anne, intituled, An Aci for repairing the Highways between Sheppards-Snord and /^Devizes, and between the Top of Afhlington-Hill tfWRowdford in the County of Wilts; and for explaining the faid Act, and making the fame more effectual and extenfive. P R. The Act 5 Ann. c. 26. from 8 April 1728. to be in Force for the Purpofes of that Act, and for repair- ing Stert Stone Road, for 21 Years longer. {Continued by 18 Geo. 2. c. 14.] CAP. XXVIII. An Act for the better regulating of Buildings, and to prevent Mifchiefs that may happen bf Fire within the weekly Bills of Mortality, and other Places therein mentioned. ' I- XJ **E R E A S by sn Act made in the fixth Year of the Reign of her late Majefty Queen Anne, VV intituled, An Alt for the better preventing Mifchiefs that may happen by Fire; it is, amongft other ' Things enacted, That from and after the firft Day of May one thoufand feven hundred and eight, all 1 and