Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

Sheriffs (Scotland) Act 1747

From Wikipedia, the free encyclopedia
Act of the Parliament of Great Britain

Sheriffs (Scotland) Act 1747[a]
Act of Parliament
coat of arms
Long titleAn Act for the more effectual Trial and Punishment of High Treason and Misprision of High Treason, in the Highlands of Scotland; and for abrogating the Practice of taking down the Evidence in Writing in certain Criminal Prosecutions; and for making some further Regulations relating to Sheriffs Depute and Stewarts Depute, and their Substitutes; and for other Purposes therein mentioned
Citation21 Geo. 2. c. 19
Territorial extent Scotland
Dates
Royal assent13 May 1748
Commencement1 April 1748[b]
Expired1 April 1755[c]
Repealed22 December 1925
Other legislation
Amended by
Repealed byCircuit Courts and Criminal Procedure (Scotland) Act 1925
Relates to
Status: Repealed
Text of statute as originally enacted
Treason, etc. Act 1759
Act of Parliament
coat of arms
Long titleAn Act for reviving and continuing so much of an Act, made in the Twenty-first Year of His present Majesty's Reign, as relates to the more effectual Trial and Punishment of High Treason and Misprision of High Treason, in The Highlands of Scotland; and also for continuing Two other Acts, one made in the Nineteenth Year, and the other made in the Twenty-first Year, of His present Majesty's Reign, so far as they relate to the more effectual disarming The Highlands of Scotland, and for securing the Peace thereof.
Citation33 Geo. 2. c. 26
Territorial extent Scotland
Dates
Royal assent22 May 1760
Commencement1 June 1760[d]
Repealed15 July 1867
Other legislation
Amends
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted

TheSheriffs (Scotland) Act 1747[a][e] (21 Geo. 2. c. 19) was anact of theParliament of Great Britain which applied only toScotland.

Section 1 of the act provided that anyone who was prosecuted on or after 1 April 1748 fortreason ormisprision of treason could be tried anywhere in Scotland if the crime had been committed in any of the shires ofDunbartain,Stirling,[f]Perth,Kincardine,Aberdeen,Inverness,Nairn,Cromarty,[g]Argyll,Forfarshire,Banff,[h]Sutherland,Caithness,Elgine,Ross, andOrkney. Normally a crime had to be tried in the shire where it had been committed.

Section 2 of the provided that in such a trial, thejurors could come from adjoining counties, instead of (as would otherwise be the case) the county where the trial was held.

Section 3 of the act also provided thatHis Majesty's Advocate could move the trial to theHigh Court of Justiciary.

Section 4 of the act thatpeers had the right to be tried by their peers.

Section 5 of the act provided that sections 1 to 5 of the act expired after seven years, but were later revived again for another seven years in 1760 by theTreason, etc. Act 1759 (33 Geo. 2. c. 26).[1]

Section 12 of the act also began the process of grouping the smallershires into a singlesheriffdom, by creating shared sheriffdoms for:

Subsequent developments

[edit]

The whole act was repealed by section 4 of, and the schedule to, theCircuit Courts and Criminal Procedure (Scotland) Act 1925 (15 & 16 Geo. 5. c. 81).

Notes

[edit]
  1. ^abThe citation of this act by thisshort title was authorised by section 1 of, and the first schedule to, theShort Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of theInterpretation Act 1978.
  2. ^Section 1.
  3. ^Section 5.
  4. ^Section 1.
  5. ^The act was actually passed in 1748, but is listed under 1747 because under the common law Acts of Parliament took effect retrospectively from the beginning of the session in which they were passed, which in this case was 1747: see the articleActs of Parliament (Commencement) Act 1793 for the explanation as to why. However this act was expressed to take effect from 1 April 1748.
  6. ^Spelled "Sterling" in the Act.
  7. ^Spelled "Cromartie" in the act.
  8. ^Spelled "Bamff" in the act.

References

[edit]
  • The Scots Statutes Revised. W Green and Sons. 1899. Volume 1. Page 80.
  • The Public General Statutes Affecting Scotland. William Blackwood and Sons. Edinburgh. 1876. Volume 1. Pages121 and 122.
  • Statutes at Large, vol. XIX, Danby Pickering, Cambridge University Press, 1765.
  • Walker. A Legal History of Scotland. W Green. 1988.Volume 6. Pages 356 and 454. 2004.Volume 7. Page 633.
  • Robson and Rodger. The Spaces of Justice: The Architecture of the Scottish Court. Farleigh Dickinson University Press. Rowman & Littlefield Publishing Group. 2018. Pages34 and 36.
  1. ^Statutes at Large vol. XXIII (1766)

See also

[edit]
Jacobite risings
First rising
(1689)
The Fifteen
(1715)
The Nineteen
(1719)
The Forty-Five
(1745)
Abortive
Personal standard of Charles Edward Stuart
Jacobite banner
Consequences
and later events
Early
The Forty-Five
Jacobite succession
Legislation of theParliament of Great Britain
Acts
by year
Acts
by parliament
and session
Acts by
regnal year
Anne
George I
George II
George III


Flag of ScotlandJustice icon

This article related tolaw inScotland is astub. You can help Wikipedia byadding missing information.

Retrieved from "https://en.wikipedia.org/w/index.php?title=Sheriffs_(Scotland)_Act_1747&oldid=1307414371"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2026 Movatter.jp