No. XXXIV. Certificate. "I A. B. juftice of peace clerk for the district of do hereby certify, that C. D. has lodged with me a fufficient bond of caution in lawburrows, in terms of the judgment pronounced by E. F. one of his majefty's juftices of peace for the county of witness my hand, at , upon the day of day of No. XXXV. Petition by Procurator Fifcal.·· "THAT the petitioner has received information, and has reason to believe, that A. B. and C. D. bear fuch malice and refentment to each other, from which there is every appearance of their being guilty of a breach of the peace; in To far as" [here mention the special information given, and add]" which renders it necessary for the petitioner to make the following application : "May it therefore please your honours, to grant warrant to bring the faid A. B. and C. D. before you for examination; and unless they declare upon their conscience, that they bear no hatred, ill-will, or refentment against each other, to ordain them to find caution in lawburrows, in common form." No. XXXVI. Order thereon. Place and Date." THE juftice having refumed confideration of the foregoing petition and deliverance, and having taken the examination of the faid perfons on a paper apart, -in refpect they declined to declare upon their confcience, in terms of the prayer of the faid petition, grants warrant to conftables, with proper affiftants, to commit them prifoners within the tolbooth of , therein to remain till they find fufficient caution acted in the juftice of peace court books, that they will keep his majefty's peace for the fpace of years, and that under the penalty of fterling, or otherwife emit fuch declaration as above alluded to; requiring hereby the magiftrates of , or keepers of their jail, to detain and liberate them accordingly." No. XXXVII. Form of a Petition upon a Criminal Information given to the Procurator Fifcal. day of "THAT theft (or as the cafe may be) is a crime of a heinous nature, and feverely punishable; yet true it is, and of verity, that A. B. is guilty, actor, art and part, of the forefaid crime, in fo far as, upon the or upon one or other of the days or nights of that month, or of the month of immediately preceding, or of diately following, the faid A. B. theftuoufly ftole a cow, the property of C. D. from the bounds of which was imme afterwards found in the cuftody of the faid A. B. (or as the cafe may be); at least, time and place forefaid, the faid cow was ftolen, and the faid A. B. is guilty, actor, art and part, of the forefaid theft: Wherefore the petitioner is bound in duty to make the following application to your honours: May it therefore please your honours, to grant warrant No. XXXVIII. Deliverance thereon. "THE juftice having confidered the foregoing petition, before answer, grants warrant to conftables, with proper affiftants, to search for, feize, and apprehend the person of the said A. B. complained of; and to bring him before me, or any other of his majesty's juftices of peace, for examina. tion, anent the facts stated in the petition. day of years, in prefence of one of his majesty's juftices of the peace for the county of "COMPEARED A. B. married man, aged (or as the cafe may be) who being judicially examined and interrogate, declares that" [here take down his declaration, anent the crime charged against him, and conclude with these words]: "All which he declares to be truth, and that he cannot write, (as the cafe may be). This declaration, confifting of this and the preceding pages, is freely and voluntarily emitted by the declarant; and the fame being read over and explained to him in the Gaelic language," (if he does not understand English)," he adheres thereto, in prefence of C. D. and E. F. both indwellers in C. D. witness. A. B. J. P. No. XL. Prayer for Citation of Witnesses. "THE petitioner understanding that" (here mention the names of the witneffes), "will be neceffary witneffes for instructing the charge ftated in the petition; therefore craves that your honours may grant warrant for citing the persons above mentioned, in order to be examined, as in a precognition." And then the justice may fubjoin the following deliverance: No. XLI. Deliverance thereon. "THE justice having confidered the foregoing reprefentation, grants warrant for citing the perfons above mentioned, in order to be examined, as in a precognition, anent the crime charged in the petition. At the day of No. XLII. Short Copy of Citation given the Witneffes. "THAT they are to appear in order to be examined, as in a precognition, anent the crime of theft, charged against A. B. by the procurator fifcal." No. XLIII. Deliverance. "Place and date.-THE juftices having confidered the foregoing petition, declaration of A. B. complained upon, and having examined fundry witneffes, as in a precognition, anent the crime charged (or as the cafe may be) grants warrant to conftables, with proper affiftants, to fearch for, feize and apprehend the person of the faid A. B. wherever he can be found within this county; and being fo apprehended, to commit him prifoner to the tolbooth of therein to remain, till he is tried for the crime charged in this petition, or be otherwife liberate in due course of law; requiring hereby the magiftrates of , and keepers of their tolbooth, to fecure and detain him accordingly; for all which, this shall be a fufficient warrant.” No. XLIV. Form of a Petition by a Perfon in Cuftody, or threatened to be apprehended, to be liberate upon Bail. "THAT the petitioner is apprehended, (or threatened to be apprehended), in virtue of a warrant granted by your honours for the crime of theft, alleged to be committed by him, as is more particularly fet forth in the petition and warrant against him, of which crime the petitioner is innocent, and is willing to find caution to ftand trial for the faid crime, at any time within the space of fix months, under fuch penalty as your honours may be pleased to modify. "May it therefore please your honours, to confider the premifes, and to find the crime charged against the petitioner bailable; and, upon his finding fufficient caution and furety, acted in the juftice of peace court books, for the shire of under fuch penalty as your honours may be pleafed to modify, that he will ftand trial for the faid crime, at any time within the fpace of fix months, from the date of the bail bond, to grant warrant for setting the petitioner at liberty." Upon which the juftice muft, within twenty-fours after the petition is prefented to him, grant a deliverance, either |