finding the crime bailable or not, (under the penalty of his I being liable in wrongous imprisonment, upon the ft. 1701); which deliverance may be of the following tenor:

A

No. XLV.

Deliverance thereon.

Place and date. "THE juftice having confidered the foregoing petition, finds the crime with which the petitioner is charged bailable; admits him to bail accordingly; and upon his finding fufficient caution and furety acted in the justice of peace court books for the county of that he fhall appear, and ftand trial for the faid crime, at any time within the fpace of fix months from the date of the bail bond, under the penalty of hundred merks Scots,

grants warrant to the magiftrates of

and keepers

of their tolbooth, (or as the cafe may be), to fet the petitioner at liberty."

"I

No. XLVI.
Bond.

bind and oblige myself, my heirs, executors, and fucceffors, as cautioner and furety acted in the juftice of peace court books of the thire of for A. B.: that is

to fay, that the faid A. B. fhall appear and stand trial for the crime of theft, with which he at prefent ftands charged, at any time within the space of fix months from this date, under the penalty of hundred merks Scots, all in terms of, and conform to an interlocutor pronounced by E. one of his majesty's juftices of the peace for the county of

upon the date hereof, on a petition prefented to him by the faid A. B.; and I the faid A. B. not only bind and oblige myself to the forefaid effect, but also to relieve my cautioner of his above engagement for me in the premises; and both

principal and cautioner consent to the registration hereof in the faid juftice of peace court books, or others competent, that all execution needful may pass hereon in form as effeirs; and thereto, we conftitute," &c. &c.

No. XLVII.

Application for Letters of Intimation.

"THAT the petitioner is incarcerated for the crime of theft, in virtue of a warrant granted by your honours on the day of , proceeding upon the petition of

, as appears by the double ferved on the petitioner, herewith produced, of which crime the petitioner is innocent; but as, from his poverty, and want of friends, he can not find bail, the petitioner is under the neceflity of making the following application to your honours, in terms of the ftatute 1701.

"May it therefore please your honours, to grant warrant for letters of intimation at the petitioner's inftance against the procurator fifcal, (or party concerned, as the cafe may be), for fixing a diet for the petitioner's trial within fixty days, in terms of the faid act of parliament."

No. XLVIII:
Deliverance.

"HAVING Confidered this petition, grants warrant for letters of intimation at the petitioner's inftance against the procurator fiscal of court, (or as the cafe may be), for fixing a diet for the petitioner's trial within fixty days, in terms of, and under the certification contained in the act of parlia ment."

No. XLIX.

A Copy of the Letters of Intimation follows.

to ,

"WE, his majefty's juftices of peace for the county of our conftables, fpecially conftitute. greeting: whereas, by petition given in and prefented to A, B. one of our number, by C. D. prifoner in the tolbooth of humbly fhewing, that (here take in the petition till the prayer thereof, and then fay) and therefore craving it might please us to grant warrant for letters of intimation. for charging our procurator fifcal, (or, as the cafe may be, the party appearing by the warrant to be concerned), to fix a diet for the petitioner's trial, within fixty days next after the intimation, in the terms and under the certifications contained in the said act, as the faid petition bears: which petition, with a double of the warrant of commitment, figned by the keeper of the prifon, therewith produced, being read and confidered by the said A. B. one of our number, he, by his deliverance thereon, ordained these our letters to be directed thereon, in manner under written. Our will is herefore, and we charge you strictly, and command, that incontinent these our letters feen, ye pafs, and in his majesty's name and authority, and ours, make due and lawful intimation to our procurator fifcal, (or as the cafe may be), to fix a diet for the faid C. D. his trial, within fixty days next after the intimation, in the terms, and under the certifications contained in the act of parliament above mentioned. According to juftice; as ye will anfwer to us thereupon: To which to do, &c. Given under the hand of the clerk of court, at the day of

years.

C. C. clk."

No. L.

Warrant by a Justice, for tranfmitting a Vagrant to the next

years: Whereas of the county of

having apprehended a perfon calling himself C. D. a vagrant, and having brought him this day before me, one of his majefty's juftices of peace for faid county, and as upon a declaration emitted by him before me, it appears that the faid C. D. is a vagrant, and that his last fettlement was in , these are therefore granting warrant to conftable, to escort the faid C. D. to the next district, being that of , and to deliver him to a conftable of said district, who is hereby enjoined to tranfmit him, and deliver him to a conftable of the next adjacent diftrict thereto, and fo forth, till he is carried to the bounds of this county, with certification."

In cafe of fufpicious articles found in the custody of vagrants, warrant of commitment may be granted against them in the following terms:

"WHEREAS, &c. and as upon his examination before me, there was found in his cuftody the following articles, (here take in their names), and as I have reafon to believe that the faid articles were not honeftly come by, these are therefore granting warrant, &c. therein to remain, till it is discovered to whom the faid articles belong, having herewith transmit ted the faid articles under a fealed cover, (or as the cafe may be), to D. E. principal juftice of peace clerk, who is hereby required to caufe advertise these articles in the Edinburgh newspapers, and in fuch other places as he thinks proper, and to lay any discovery to be made before the juftices in quarter feffion, in order that they may further difpofe of the faid C. D. vagrant as they think proper."

No. LI.

Styles relative to the Small Debt Act.

1, Libel.

"Unto the honourable his Majefty's Juftices of the Peace, of the fhire of

"Complains,

"THAT where the perfon or perfons after named and defigned, justly addebted, refting and owing the complainer the fum or fums of money after mentioned, viz. which refufe to pay, unless compelled. Therefore the said defender ought and fhould be decerned and ordained to make payment to the complainer of the forefaid fum with expences."

2, Warrant to be figned by the Clerk.

Place and date."THE clerk of the peace for the fhire of grants warrant to the constables of court for fummoning the defender to compear before the justices of the peace for the faid fhire, at upon the day of

in the hour of cause, to answer at the inftance of the complainer, and, along with the citation, to deliver to the defender a full copy of the account purfued for, document of debt, or ftate of the demand, with the names of the witneffes, or other means of proof; as alfo, grants warrant for citing witneffes for either party to compear at fame place and date, to give evidence in the said matter."

"UPON the

3, Officer's Execution.

day of

years, I

conftable, by virtue of the forefaid warrant, lawfully fummoned, warned, and charged the before defigned

to com

pear before his majesty's justices of the peace, within the

upon the

day of

in the hour of caufe,