Sheriffs (Scotland) Act 1747

Last updated

Sheriffs (Scotland) Act 1747 [1]
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An 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
Citation 21 Geo. 2. c. 19
Territorial extent  Scotland
Dates
Royal assent 1748
Commencement 1 April 1748
Text of statute as originally enacted
Treason Act 1760
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Citation 33 Geo. 2. c. 26

The Sheriffs (Scotland) Act 1747 (21 Geo. 2. c. 19) was an Act of the Parliament of Great Britain [n 1] which applied only to Scotland. It stated that anyone who was prosecuted on or after 1 April 1748 for treason or misprision of treason could be tried anywhere in Scotland if the crime had been committed in any of the shires of Dunbartain, Stirling, [2] Perth, Kincardine, Aberdeen, Inverness, Nairn, Cromarty, [3] Argyll, Forfarshire, Banff, [4] Sutherland, Caithness, Elgine, Ross, and Orkney. [5] Normally a crime had to be tried in the shire where it had been committed. The Act also said that in such a trial, the jurors could come from adjoining counties, instead of (as would otherwise be the case) the county where the trial was held. [6]

Contents

It also provided that His Majesty's Advocate could move the trial to the High Court of Justiciary, [7] and that peers had the right to be tried by their peers. [8] These provisions expired after seven years, [9] but were later revived again for another seven years in 1760 by another Act, 33 Geo. 2. c. 26. [10]

The act also began the process of grouping the smaller shires into a single sheriffdom, by creating shared sheriffdoms for: [11]

Notes

  1. 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 article Acts of Parliament (Commencement) Act 1793 for the explanation as to why. However this Act was expressed to take effect from 1 April 1748.

Related Research Articles

<span class="mw-page-title-main">Highland (council area)</span> Council area of Scotland

Highland is a council area in the Scottish Highlands and is the largest local government area in the United Kingdom. It was the 7th most populous council area in Scotland at the 2011 census. It shares borders with the council areas of Aberdeenshire, Argyll and Bute, Moray and Perth and Kinross. Their councils, and those of Angus and Stirling, also have areas of the Scottish Highlands within their administrative boundaries.

<span class="mw-page-title-main">Shires of Scotland</span> Historic administrative and geographical division of Scotland

The shires of Scotland, or counties of Scotland, are historic subdivisions of Scotland established in the Middle Ages and used as administrative divisions until 1975. Originally established for judicial purposes, from the 17th century they started to be used for local administration purposes as well. The areas used for judicial functions (sheriffdoms) came to diverge from the shires, which ceased to be used for local government purposes after 1975 under the Local Government (Scotland) Act 1973.

<span class="mw-page-title-main">Act of Proscription 1746</span> United Kingdom legislation

The Act of Proscription, also called the Act of Proscription 1746 or the Disarming the Highlands, etc. Act 1745, was an Act of the Parliament of Great Britain, which came into effect in Scotland on 1 August 1746. It was part of a series of efforts to assimilate the Scottish Highlands, ending their ability to revolt, and the first of the "King's laws" that sought to crush the clan system system in the aftermath of the Jacobite rising of 1745. These laws were finally repealed on 1 July 1782.

<span class="mw-page-title-main">Caithness, Sutherland and Easter Ross (Scottish Parliament constituency)</span> Region or constituency of the Scottish Parliament

Caithness, Sutherland and Easter Ross was a constituency of the Scottish Parliament (Holyrood), in use between 1999 and 2011. It elected one Member of the Scottish Parliament (MSP) by the first past the post method of election. Also, however, it was one of eight constituencies in the Highlands and Islands electoral region, which elects seven additional members, in addition to eight constituency MSPs, to produce a form of proportional representation for the region as a whole.

<span class="mw-page-title-main">Ross, Skye and Inverness West (Scottish Parliament constituency)</span>

Ross, Skye and Inverness West was a constituency of the Scottish Parliament (Holyrood). It elected one Member of the Scottish Parliament (MSP) by the first past the post method of election. Also, however, it is one of eight constituencies in the Highlands and Islands electoral region, which elects seven additional members, in addition to eight constituency MSPs, to produce a form of proportional representation for the region as a whole.

<span class="mw-page-title-main">Inverness East, Nairn and Lochaber (Scottish Parliament constituency)</span> Region or constituency of the Scottish Parliament

Inverness East, Nairn and Lochaber was a constituency of the Scottish Parliament (Holyrood). It elected one Member of the Scottish Parliament (MSP) by the first past the post method of election. It was one of eight constituencies in the Highlands and Islands electoral region, which elects seven additional members, in addition to constituency MSPs, to produce a form of proportional representation for the region as a whole.

<span class="mw-page-title-main">Northern Constabulary</span>

The Northern Constabulary was the territorial police force responsible for Northern Scotland, covering the Highland council area along with the Western Isles, the Orkney Islands and the Shetland Islands, which make up most of the Highlands and Islands area. It was the police force covering the largest geographical area in the United Kingdom, equivalent to the size of Belgium, but was one of the smallest in terms of officers, with about 715 officers. The Constabulary was one of those amalgamated to form Police Scotland in 2013.

<span class="mw-page-title-main">Highlands and Islands (European Parliament constituency)</span> Constituency of the European Parliament

Prior to its uniform adoption of proportional representation in 1999, the United Kingdom used first-past-the-post for the European elections in England, Scotland and Wales. The European Parliament constituencies used under that system were smaller than the later regional constituencies and only had one Member of the European Parliament each.

<span class="mw-page-title-main">Treason (Ireland) Act 1821</span> United Kingdom legislation

The Treason (Ireland) Act 1821 is an Act of the Parliament of the United Kingdom. It extended most of the English Treason Act 1695 to Ireland. Previously the 1695 Act only applied to England and Scotland.

<span class="mw-page-title-main">Caithness, Sutherland and Ross (Scottish Parliament constituency)</span> Region or constituency of the Scottish Parliament

Caithness, Sutherland and Ross is a constituency of the Scottish Parliament covering the northern part of the Highland council area. It elects one Member of the Scottish Parliament (MSP) by the first past the post method of election. It is also one of eight constituencies in the Highlands and Islands electoral region, which elects seven additional members, in addition to eight constituency MSPs, to produce a form of proportional representation for the region as a whole.

<span class="mw-page-title-main">Jurors (Scotland) Act 1745</span> United Kingdom legislation

The Jurors (Scotland) Act 1745 was an Act of the Parliament of Great Britain, passed during the Jacobite Rising of 1745. Its long title was "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy War against His Majesty; and for the better ascertaining the Qualifications of Jurors in Trials for High Treason or Misprision of Treason, in that Part of Great Britain called Scotland." It was one of the Juries (Scotland) Acts 1745 to 1869.

<span class="mw-page-title-main">Treason Outlawries (Scotland) Act 1748</span> United Kingdom legislation

The Treason Outlawries (Scotland) Act 1748 was an Act of the Parliament of Great Britain which applied only to Scotland. Its long title was "An Act to ascertain and establish the Method of Proceeding to and upon Outlawries for High Treason and Misprision of High Treason, in Scotland."

A sheriffdom is a judicial district of Scotland. Originally identical to the Shires of Scotland, from the eighteenth century many counties were grouped to form "sheriffdoms".

The Sheriff of Bute was historically the office responsible for enforcing law and order on the Isle of Bute, Scotland and bringing criminals to justice.

The Sheriff of Roxburgh was historically the royal official responsible for enforcing law and order in that area of Scotland. Prior to 1748 most sheriffdoms were held on a hereditary basis. From that date, following the Jacobite uprising of 1745, the hereditary sheriffs were replaced by salaried sheriff-deputes, qualified advocates who were members of the Scottish Bar.

<span class="mw-page-title-main">Militia (Scotland) Act 1802</span> United Kingdom legislation

The Militia (Scotland) Act 1802 was an Act of Parliament of the United Kingdom affecting the Militia, a locally raised force for home defence. It applied to Scotland while there were other acts of the same year applying to England and Wales, and to Ireland.

The Sheriff of Ross, Cromarty and Sutherland was historically the office responsible for enforcing law and order in Ross-shire, Cromarty and Sutherland, Scotland and bringing criminals to justice.

The Sheriff of Caithness was historically the royal official responsible for enforcing law and order in Caithness, Scotland.

References

  1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. Spelled "Sterling" in the Act.
  3. Spelled "Cromartie" in the Act.
  4. Spelled "Bamff" in the Act.
  5. Section 1.
  6. Section 2.
  7. Section 3.
  8. Section 4.
  9. Section 6, which applied to sections 1 to 5.
  10. Statutes at Large vol. XXIII (1766)
  11. Section 12

See also