THE STAGE COACHES (SCOTLAND) ACT, 1820 (Short Titles Act, 1896).

AN ACT for punishing criminally Drivers of Stage Coaches and Carriages for Accidents occasioned by their wilful Misconduct. [6th June 1820.]

[Preamble.]

1. DRIVERS OF PUBLIC CARRIAGES OCCASIONING ACCIDENTS BY FURIOUS DRIVING, GUILTY OF A MISDEMEANOR-PROVISO AS TO HACKNEY COACHES.-If any person whatever shall be maimed or otherwise injured by reason of the wanton and furious driving or racing, or by the wilful misconduct of any coachman or other person having the charge of any stage coach or public carriage, such wanton and furious driving or racing or wilful misconduct of such coachman or other person shall be and the same is hereby declared to be a misdemeanor, and punishable as such by fine and imprisonment: Provided always, that nothing in this Act contained shall extend or be construed to extend to hackney coaches, being drawn by two horses only, and not plying for hire as stage coaches.

CHAPTER LVII.

THE WHIPPING ACT, 1820 (Short Titles Act, 1896).

AN ACT to repeal an Act passed in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, intituled "An Act to abolish the Punishment of public Whipping on Female Offenders," and to make further Provisions in lieu thereof. [15th July 1820.]

[Preamble.]

[S. 1 (repealing 57 Geo 3, c. 75) rep. 36 & 37 Vict. c. 91 (S.L.R.).]

2. JUDGMENT OR SENTENCE OF WHIPPING SHALL NOT BE AWARDED ON FEMALE OFFENDERS.-Judgment or sentence shall in no case whatever be given and awarded against any female or females convicted of any offence whatsoever, that such female offender or offenders do suffer the punishment of being whipped either publicly or privately; any law, statute, or usage to the contrary notwithstanding.

3. BUT INSTEAD THEREOF IMPRISONMENT WITH HARD LABOUR OR SOLITARY CONFINEMENT.—In all cases where the punishment of whipping, either publicly or privately, on female offenders, has hitherto formed the whole or part of the judgment or sentence to be pronounced, or has in any other case been inflicted, it shall and may be lawful for the court or justice of the peace before whom any such offender shall be tried or convicted, to pass sentence of confinement to hard labour in the common gaol or house of correction, for any space of time not exceeding six months, nor less than one month, or S.S. R. II. 1 1

of solitary confinement therein for any space not exceeding the space of seven days at any one time, in lieu of the sentence of being publicly or privately whipped, as to the said court of justice shall seem most proper: Provided that nothing herein contained shall extend or be construed to extend in any manner to change, alter, or affect any punishment whatsoever which may now be by law inflicted in respect of any offence, save and except only the punishment of publicly or privately whipping on female offenders, in manner as herein-before is enacted.

CHAPTER XCII.

THE BANK NOTES FORGERY (SCOTLAND) ACT, 1820 (Short Titles Act, 1896). AN ACT for the further Prevention of forging and counterfeiting of Bank Notes. [24th July 1820.]

Whereas the forgery of bank notes hath of late very much increased in this kingdom; and as well for the prevention thereof, as to facilitate the detection of the same, the governor and company of the Bank of England have, after great consideration, labour, and expence, formed a new plan for printing bank notes, in which the groundwork of each bank note will be black or coloured, or black and coloured line work, and the words "Bank of England" will be placed at the top of each bank note, in white letters upon a black, sable, or dark ground, such ground containing white lines intersecting each other, and the numerical amount or sum of each bank note in the body of the note will be printed in black and red register work, and the back of each note will distinctly show the whole contents thereof, except the number and date in a reversed impression: Therefore, for the better prevention of the forgery of bank notes, and for the security of the public, 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

1. UNAUTHORIZED PERSONS ENGRAVING, &C. ON ANY PLATE FOR PRODUCING AN IMPRESSION OF ALL OR ANY Part of a Bank Note of the BANK OF ENGLAND, OF THE SPECIFIED DESCRIPTION, OR USING SUCH PLATE, &C. FOR PRINTING ANY SUCH NOTE, OR HAVING SUCH Plate in CUSTODY, OR UTTERING ANY SUCh Note, shall be guilty of FELONY AND BE TRANSPORTED FOR 14 YEARS.—If any person or persons (other than the officers, workmen, servants, and agents for the time being of the said governor and company, to be authorized and appointed for that purpose by the said governor and company, and for the use of the said governor and company only) shall engrave, cut, etch, scrape, or by any other art, means, or device make, or shall cause or procure to be engraved, cut, etched, scraped, or by any other art, means, or device made, or shall knowingly aid or assist in the engraving, cutting, etching, scraping, or by any other art, means, or device making, in or upon any plate of copper, brass, steel, iron, pewter, or of any other metal or mixtures of metal, or upon wood or other materials, or any plate whatsoever, for the purpose of producing a print or impression of all or any part or parts of a bank note, or of a blank bank note, of the said governor and company, of the description aforesaid, without an authority in writing from the said governor and company, or shall use any such plate so engraved, cut, etched, scraped, or by any other art, means, or device made, or shall use any other instrument or contrivance, for the making or printing any such bank note or blank bank note or part of a bank note of the description aforesaid; or if any person or persons shall, without such authority as aforesaid, knowingly and without lawful excuse, have in his, her, or their custody any such plate or instrument, or without such authority as aforesaid shall knowingly or wilfully utter, publish, dispose of, or put away any such blank bank note or part of such bank note of the description aforesaid; every person so offending in any of the cases aforesaid, and being thereof convicted according to law, shall be adjudged a felon, and shall be transported for the term of fourteen years.

2. UNAUTHORIZED Persons enGRAVING, &C. ON ANY PLATE ANY RESEMBLANCE OF THE GROUND WORK OF A BANK NOTE OF THE BANK of England, of the specified DESCRIPTION, &C., OR USING SUCH PLATE, &c. FOR PRINTING SUCH RESEMBLANCE, &C.; OR HAVING SUCH PLATE IN THEIR CUSTODY, OR UTTERING ANY SUCH RESEMBLANCE, &C., OR HAVING THE SAME IN THEIR CUSTODY, SHALL BE GUILTY OF FELONY AND BE TRANSPORTED FOR 14 YEARS. -[Recital] If any person or persons shall engrave, cut, etch, scrape, or by any other

art, means, or device make, or shall cause or procure to be engraved, cut, etched, scraped, or by any other art, means, or contrivance made, or shall knowingly aid or assist in the engraving, cutting, etching, scraping, or by any other art, means, or contrivance making, in or upon any plate of copper, brass, steel, iron, pewter, or of any other metal or mixture of metals, or upon wood, or any other materials, or upon any plate whatsoever, any line work, as or for the ground work of a promissory note or bill of exchange, the impression taken from which line work shall be intended to resemble the ground work of a bank note of the said governor and company of the description aforesaid, or any device, the impression taken from which shall contain the words "Bank of England," in white letters upon a black, sable, or dark ground, either with or without white or other lines therein, or shall contain in any part thereof the numerical sum or amount of any promissory note or bill of exchange in black and red register work, or shall show the reversed contents of a promissory note or bill of exchange, or of any part of a promissory note or bill of exchange, or shall contain any word or words, figure or figures, character or characters, pattern or patterns, which shall be intended to resemble the whole or any part of the matter or ornaments of any bank note of the description aforesaid, or shall contain any word, number, figure, or character, in white on a black, sable, or dark ground, either with or without white or other lines therein, which shall be intended to resemble the numerical sum or amount in the margin or any other part of any bank note of the said governor and company, without an authority in writing for that purpose from the said governor and company, to be produced and proved by the party accused; or if any person or persons shall, (without such authority as aforesaid) use any such plate, wood, or other material so engraved, cut, etched, scraped, or by any other art, means or contrivance made, or shall use any other instrument or contrivance, for the making or printing upon any paper or other material any word or words, figure or figures, character or characters, pattern or patterns, which shall be intended to resemble the whole or any part of the matter or ornaments of any such note of the said governor and company, of the description aforesaid, or any word, figure, or character in white on a black, sable, or dark ground, either with or without white or other lines therein, which shall be apparently intended to resemble the numerical sum or amount in the margin or any other part of any bank note of the said governor and company; or if any person or persons shall, without such authority as aforesaid, knowingly have in his, her, or their custody or possession any such plate or instrument, or shall knowingly and wilfully utter, publish, or dispose of, or put away any paper or other material containing any such word or words, figure or figures, character or characters, pattern or patterns as aforesaid, or shall knowingly or willingly have in his, her, or their custody or possession any paper or other material containing any such word or words, figure or figures, character or characters, pattern or patterns as aforesaid (without lawful excuse, the proof whereof shall lie upon the person accused); every person so offending in any of the cases aforesaid, and being convicted thereof according to law, shall be adjudged a felon, and shall be transported for the term of fourteen years.

[S. 3 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

1 & 2 GEORGE 4, 1821.

CHAPTER XXXVIII.

THE COURT OF SESSION ACT, 1821 (Short Titles Act, 1896).

AN ACT for establishing Regulations respecting certain Parts of the Proceedings in the Court of Session, and in the Court of Commissioners for Teinds, and respecting the Duties, Qualifications, and Emoluments of certain Clerks and other Officers of the said Courts.1 [28th May 1821.]

1 The provisions of this Act are rep. 6 Geo. 4, c. 120, s. 1, in so far as the same may be found inconsistent with the regulations in that section expressed.

[Preamble recites 50 Geo. 3, c. 112, and 53 Geo. 3, c. 64.]

1. ON BILLS OF ADVOCATION AND SUSPENSION COMPLAINING OF FINAL JUDGMENTS OF INFERIOR JUDGES, THE CAUSE MAY BE REMITTED WITH INSTRUCTIONS.-Upon bills of advocation and suspension complaining of final judgments of sheriffs and other inferior judges, it shall hereafter be competent either for the lord ordinary on the bills or for the court to remit the cause to the inferior judge, with instructions how to proceed; but no such remit shall be made, except in the case of a suspension of a decreet in absence, without hearing counsel, or receiving a written answer on the part of the respondent.

[S. 2 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

3. PROVISION IN CASE OF Equality of Voices, upon Report of the Lord ORDINARY ON THE BILLS TO THE LORDS OF EITHER DIVISION.-In all cases in which, upon report of the lord ordinary on the bills to the lords of either division, there shall be a difference of opinion, and an equality of voices, such lord ordinary on the bills shall vote in the

case;

S. 3 in part rep. 36 & 37 Vict. c. 91 (S. L.R.).

4. PROVISION IN CASE OF THE DEATH, SICKNESS, &C. OF THE LORD ORDINARY ON THE BILLS DURING SESSION, BUT WHEN THE COURT IS NOT SITTING.-In case of the death, sickness, necessary absence, or legal declinature of the lord ordinary on the bills during the period of the session, but at a time when the court is not actually sitting, any one of the permanent ordinaries, on a due statement by any of the clerks of the bills of such fact, and of some urgency in the case, shall and may pronounce on any bill which may in such case be laid before him such interlocutor as circumstances may require; without prejudice, quoad ultra, to the provisions of the aforesaid Act passed in the fifty-third year of his said late Majesty's reign, and also without prejudice to the power of either division, upon legal declinature of the lord ordinary on the bills when represented to them in any case, to remit the same to another ordinary in his stead.

[Ss. 5-7 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

8. SALARIES TO THE CLERKS of the BILLS.-From and after the time when, in terms of the regulations contained in the said Act passed in the fiftieth year of the reign of his late Majesty, there shall be only two depute clerks of the bills, each of whom would be entitled, by virtue of the said Act, to draw one-sixth part of the total fees payable to the clerks of the bills, the several clerks of the bills shall be entitled thenceforth to receive from the collector of the fee fund the annual salaries under mentioned, payable quarterly; viz., for every principal clerk of the bills, not being also a principal clerk of session, six hundred pounds; for every principal clerk of the bills, being also a principal clerk of session, three hundred pounds; and for each of the depute clerks of the bills, four hundred and fifty pounds; and the said clerks shall be thereafter entitled to no fee or other emolument whatsoever, but the whole fees now legally exigible by the said clerks shall thenceforth be paid over on the first Monday of every month to the collector of the fee fund, conformably to an account thereof to be delivered to him, signed by one or other of the said depute clerks, and to the verity of which the said depute clerk shall make oath, if required.

S. 8 in part rep. 1 & 2 Vict. c. 118, s. 9.

9. QUALIFICATION OF PRINCIPAL CLERK OF TEINDS-CERTAIN CLERKS NOT TO PRACTISE AS ADVOCATES OR AGENTS.-No person shall be capable to be appointed principal clerk of the commissioners for teinds, except a person legally qualified to be appointed a principal clerk of session; and no principal or depute clerk of the bills, to be hereafter appointed, shall after his appointment practise as an advocate or agent before the Court of Session, under pain of deprivation of office; nor shall any person henceforth to be appointed clerk to the commission of teinds practise as an advocate or agent before the commission of teinds, under pain of the like penalty.

10. REGULATION OF PROCEEDINGS IN THE TEIND COURT.-[Recital] It shall and may be lawful for the Court of Session, as commissioners for plantation of kirks and valuation of teinds, to pass any Act or Acts of sederunt from time to time, regulating the form and manner of proceedings in all processes of augmentation and locality that may come before them, in such manner as they may see proper and expedient for the dispatch of business, and for bringing such processes to a final conclusion: Provided always, that copies of all such Acts of sederunt shall be transmitted by the president of the Court of

Session to his Majesty's secretary of state for the home department, to be by him laid. before both Houses of Parliament at or immediately after the commencement of the ensuing session; and no such Act or Acts of sederunt shall become in force or receive effect, until the expiration of three calendar months after the first day of the meeting of such session of Parliament.

11. PROVISIONS AS TO CERTAIN BRIEVES AND SERVICES.-[Recital] In all cases in which it is now lawful and competent to grant commission by authority of the Court of Session to the said macers for proceeding in any service, and in which the brief issued from Chancery is thereupon directed to the macers, such commission shall be granted, and such brief issued, according to similar forms, to the sheriff depute of Edinburgh, or his substitute, as sheriff in that part specially constituted, whether such service may relate to lands and heritages situated in or beyond the sheriffdom of Edinburgh, or in several sheriffdoms; and in all cases of competition of brieves, as well as where a party claiming right to appear and oppose a service shall make such appearance, either party may apply for and obtain advocation of the brieves to the Court of Session, not only from any inferior judge, but also from the said sheriff of Edinburgh acting under special commission; and the lord ordinary, before whom the letters of advocation shall be called, shall advocate the brief, and remit to the fifth or junior permanent lord ordinary for the time to be judge in the said service, without prejudice, nevertheless, to the power of the court, whether on declinature or any other cause shown, to remit to any other ordinary to be judge in any service; and every such service, whether before the lord ordinary on advocation, or before the sheriff of Edinburgh on special commission, shall proceed in the same place, form, and manner (unless in so far as the same may hereafter be otherwise regulated in manner herein-after authorized) as services have heretofore proceeded before the macers, except that the said sheriff shall not be required to take any oath de fideli administratione as in the case of the macers; and the Court of Session is hereby empowered, by any Act or Acts of sederunt, to make such rules and regulations as may be deemed expedient for altering and amending the form and manner of issuing of brieves and executing the same, and of conducting the procedure in such services; and for every such service deduced before the said sheriff on commission, he shall be entitled to a fee of five guineas on every service in lands, whereof the valued rent is upwards of two thousand pounds Scots, and in every service of a peer, and of two guineas in every other service.

1i.e. the macers of the Court of Session.

S. 11 in part rep. 53 & 54 Vict. c. 33 (S.L.R.).

12. WRITERS TO THE SIGNET TO BE CLERKS TO SUCH SERVICES, &c.-It shall not be lawful to any person to be clerk to any such service before the lord ordinary on advocation, or before the sheriff of Edinburgh on commission, unless he be a writer to the signet; and the clerk to every service whatsoever of a retourable brieve shall, along with the verdict, deliver or cause to be delivered into Chancery, to be preserved subject to the orders of the lord clerk register, the original claim of service, minutes of the proceedings, and depositions of the witnesses; and no retour of any service shall be issued without such previous delivery.

13. PROVISION FOR CONTINGENT EXPENCES INCURRED UNDER AUTHORITY OF THE COURT. And whereas expences are occasionally incurred under the authority of the court in making up reports for the information and by order of the Houses of Parliament, as well as in other matters connected with the administration of justice, for the payment of which no fund has been hitherto provided: Be it enacted, that the net amount of all such charges shall from time to time be paid on the order of the barons of Exchequer, on an account of the same being presented to them, certified under the signature of the lord president of the College of Justice, out of the monies charged by certain Acts made in the seventh and tenth years of the reign of her Majesty Queen Anne, with the fees, salaries, and other charges allowed or to be allowed for keeping up the courts of Session, Justiciary, and Exchequer.

14. PAYMENT OF FEES HERETOFORE EXIGIBLE BY KEEPERS OF THE INNER HOUSE ROLLS AND CLERKS OF THE JUDGES.-None of the said keepers or clerks shall thenceforth be entitled to any fee or other emolument whatsoever; but the whole fees now legally exigible by them shall be received by them respectively, and paid over on the first Monday of every month to the collector of the fee fund, conformably to signed accounts