xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
An Act for taking away and abolishing the Heretable Jurisdictions in Scotland; and for making Satisfaction to the Proprietors thereof; and for restoring such Jurisdictions to the Crown; and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King’s Courts and Judges there; . . .F1 and for rendering the Union of the Two Kingdoms more complete.
For remedying the inconveniences that have arisen and may arise from the multiplicity and extent of heretable jurisdictions in Scotland, for making satisfaction to the proprietors thereof, for restoring to the crown the powers of jurisdiction originally and properly belonging thereto, according to the constitution, and for extending the influence, benefit, and protection of the King’s laws and courts of justice to all his Majesty’s subjects in Scotland, and for rendering the union more complete.
Textual Amendments
F1Words repealed by Statute Law Revision Act 1887 (c. 59)
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
Commencement Information
I1Act wholly in force at Royal Assent
Textual Amendments
F2S. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1
Textual Amendments
F3S. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1
Textual Amendments
F4Ss. 3–5 repealed by Statute Law Revision Act 1892 (c. 19)
Textual Amendments
F5Ss. 6–13 repealed by Statute Law Revision Act 1867 (c. 59)
And that all suits, decrees, sentences, interloquitors, judgements, executions, and proceedings of or in any court hereby abrogated, taken away, and dissolved, which were depending, pronounced, awarded, or had before the said twenty-fifth day of March, shall be and remain of the same force, effect, and validity, and in the same state and condition, as the same would respectively have been in case this Act had not been made; and that all records, rolls, books, and entries of any such suits, decrees, sentences, interloquitors, judgements, executions, or proceedings relating to any civil or criminal cause in any such court shall, on or before the twenty-fourth day of June in the year of our Lord one thousand seven hundred and forty-eight, be transmitted by the possessor of any such justiciary, stewartry, sheriffship, deputy sheriffship, regality, constabulary, or baillierie to the courts of the respective sheriffs or stewarts of counties, and there lodged and kept amongst the records of such courts, which shall proceed thereupon as if the said civil or criminal causes had been commenced originally in such courts; and that the register books of hornings, inhibitions, and interdictions heretofore kept in any bailleries of royalty or regality or stewartries hereby abrogated shall, on or before the said twenty-forth day of June, be transmitted to his Majesty’s general register house at Edinburgh.
Textual Amendments
F6S. 15 repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1
Textual Amendments
F7S. 16 repealed by Statute Law Revision Act 1892 (c. 19)
Textual Amendments
F8S. 17 repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1
Textual Amendments
F9S. 18 repealed by Statute Law Revision Act 1892 (c. 19)
Textual Amendments
F10S. 19 repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1
Textual Amendments
F11S. 20 repealed by Statute Law Revision Act 1892 (c. 19)
Textual Amendments
F12S. 21 repealed by Statute Law Revision Act 1867 (c. 59)
Textual Amendments
F13S. 22 repealed by Statute Law Revision Act 1892 (c. 19)
Textual Amendments
F14S. 23 repealed by Promissory Oaths Act 1871 (c. 48), Sch. 1
And no letters patent, charter, or grant, to be made or granted by his Majesty, his heirs or successors, or by the barons of the Court of Exchequer in Scotland, at any time after the sixth day of June in the year of our Lord one thousand seven hundred and forty-seven, for the uniting or erecting any lands or tenements within Scotland into a barony, lordship, or earldom, or under any other denomination whatsoever, or for annexing any lands or tenements in Scotland to any barony, lordship, or earldom, or other district of the like nature, under any denomination whatsoever, heretofore granted or erected, shall be sufficient or available in law to pass, grant, or convey to the grantee or grantees therein named, or any other person or persons whatsoever, any greater or other jurisdiction than for recovering and uplifting from the vassals, tenant, or possessor of the lands and heretages of the proprietor of such barony, lordship, or earldom, the mails and duties or rents and profits thereof, or for recovery of the multures or services payable or prestable to their mills; and all letters patent, charters, gifts, and grants of any of the premisses, to be made contrary to the true intent and meaning of this Act, shall be and they are thereby enacted and declared to be null and void.
Textual Amendments
F16S. 26 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1
Textual Amendments
F17S. 27 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1
Textual Amendments
F18S. 28 repealed (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108, Sch. 7 paras. 5, 9(1), Sch. 8
Textual Amendments
F19S. 29 repealed by Sheriff Courts (Scotland) Act 1907 (c. 51), Sch. 2
Textual Amendments
F20S. 30 repealed by Statute Law Revision Act 1892 (c. 19)
Textual Amendments
Textual Amendments
F22Ss. 32, 33 repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
Textual Amendments
F23S. 34 repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
Textual Amendments
F24S. 35 repealed by Statute Law Revision Act 1867 (c. 59)
Textual Amendments
F25Ss. 36, 37, 40 repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
Textual Amendments
F26S. 38 repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1
Textual Amendments
Textual Amendments
F28Ss. 36, 37, 40 repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
Textual Amendments
F29Ss. 41, 42 repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1
And from and after the said twenty-fifth day of March in the year of our Lord one thousand seven hundred and forty-eight, no fines, forfeitures, or penalties, set, imposed, or recovered in the sheriffs court of any county, shire in Scotland, shall accrue, go, or belong to the sheriff, or any sheriff depute, but all shares of such fines, forfeitures, and penalties as heretofore went to the judge, shall accrue and belong to his Majesty, his heirs and successors, and shall be accounted for and paid into the Exchequer of Edinburgh, in like manner, and the like process, rules, orders, and methods of proceeding shall be issued, observed, and used for levying the same, and compelling the accounting for, bringing in, and paying the same into the said Exchequer, as are now competent by law for the accounting for, levying, bringing in, and paying into the said Exchequer any fines, forfeitures, and penalties accruing or becoming due to his Majesty; and from and after the said twenty-fifth day of March, no fees, poundage, or profits, commonly called sentence money, shall be received, taken, or demanded by any sheriff, sheriff depute, or any of their ministers, officers, or clerks, but all such fees, poundage, or profits, commonly called sentence money, are hereby utterly taken away, discharged, and abolished, any law, custom, gift, grant, usage or practice to the contrary in anywise notwithstanding.
Modifications etc. (not altering text)
C2Functions of the Treasury under s. 43 now exercisable by Secretary of State: S.I. 1974/1274, art. 2 (4), Sch.
Textual Amendments
F30S. 44 repealed by Promissory Oaths Act 1871 (c. 48), Sch. 1