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them in regard to any Proceedings which before the passing of this Act might competently take place under them.

Stamp

Indentures

ticeship to

23. Whereas by Section Thirty-four of an Act As to Paypassed in the Twenty-fourth and Twenty-fifth Years of ment of Her Majesty's Reign, Chapter Ninety-one, it is provided Duty upon that no Deed or Instrument liable to Stamp Duty shall of Apprenbe registered unless the same is duly stamped: And Procurawhereas by Section Nine of an Act passed in the Twenty-tors. eighth and Twenty-ninth Years of Her Majesty's Reign, Chapter Eighty-five, it is provided that every Indenture entered into after the passing of the said Act with the Intention of qualifying an Apprentice for Admission as a Procurator as therein mentioned shall be recorded in the Register of Probative Writs of the County where the same shall have been entered into within Six Months from the Date fixed for the Commencement of the Term of Apprenticeship; And whereas such an Indenture as is referred to in the last-mentioned Act is liable to a Stamp Duty of Thirty Pounds, and it is considered that the Payment of so large a Sum at the Time of the Commencement of the Apprenticeship operates harshly and prejudicially: Be it enacted, That the Sum of Two Shillings and Sixpence, in part of the said Stamp Duty of Thirty Pounds, shall be paid upon the Execution of any such Indenture of Apprenticeship, and that the same Indenture, if bearing a Stamp Duty of Two Shillings and Sixpence, shall be deemed to be duly stamped for the Purpose of the recording thereof in the proper Register of Probative Writs, and also for the Purpose of enforcing all the Obligations therein contained, and that the Sum of Twenty-nine Pounds Seventeen Shillings and Sixpence, being the Residue of the said Stamp Duty of Thirty Pounds, shall be paid upon the Admission of the Apprentice as a Procurator in addition to the Stamp Duty payable in respect of such Admission.

The above section is repealed by "The Inland Revenue Repeal Act, 1870."

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*Note.-Where Cases have been longer than Six Days unadvised after Transmission to the Sheriff, the Reason to be stated in this Column.

Also the Names of any Commissioners to whom remits have been made to take Proofs.

Also whether Proof taken by Sheriff's or Commissioner's own Hand, or by being dictated to a Clerk or a Shorthand Writer.

HERITABLE JURISDICTIONS
ACT, 1747.

Persons aggrieved

Sheriff

Court in

Criminal

inferring

or demem

20 GEO. II. CAP. 43.

An Act for taking away and abolishing the Heritable Jurisdictions in that part of Great Britain called Scotland, 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; &c.

(The following are the clauses applicable to appeals from Inferior Courts.)

34. And to the end that the Jurisdiction of the by sentence, Circuit Courts, in that part of Great Britain called &c., of the Scotland, may be rendered more useful and beneficial to his Majesty's subjects in that part of the United Cases, not Kingdom,-Be it further enacted, by the authority loss of life foresaid, that it shall and may be lawful to and for bration, or in any party or parties, conceiving himself or themselves civil, where aggrieved by any Interlocutor, Decree, Sentence, or Judgment of the Sheriff's or Stewart's Court of any County, Shire, or Stewartry, or of the Courts of any Royal Borough, or Burgh of Regality, or Barony, or of any Court of any Baron, or other heritor having such jurisdiction, as is not hereby abrogated or taken away, where such Interlocutor, Decree, Sentence, or Judgment shall be concerning matters criminal, of whatever nature

the sum did
not ex-
ceed £12

[£25], may

next Circuit Court.

3

the Respon

or extent the same may be, except all cases which infer the loss of life or demembration, or in matters civil, where the subject-matter of the suit did not exceed in value the sum of Twelve pounds sterling [now TWENTYFIVE POUNDS, see infra,1] to complain, and seek relief against the same, by Appeal to the next Circuit Court of the Circuit wherein such County, Shire, or Stewartry, Royal Burgh, or Burgh of Regality or Barony, or such Barony or Estate shall lie, so as no such Appeal be competent before a Final Decree, Sentence, or Judgment pronounced;2 and such Appeal it shall be lawful for the Party conceiving himself aggrieved to take and enter in open Court at the time of pronouncing such Decree, Judgment, or Sentence, or at any time thereafter, within Ten Days, by lodging the same in the hands of the Clerk of Court, and serving the adverse Copy to be Party with a Duplicate thereof Personally, or at his delivered to Dwelling-house, or his Procurator or Agent in the dents. Cause, and serving in like manner the inferior Judge himself, in case the Appeal shall contain any Conclusion against him by way of Censure, or Reparation of Damages, for alleged wilful Injustice, Oppression, or other Malversation; and such Service shall be sufficient Summons to oblige the Respondents to attend and answer at the next Circuit Court which shall happen to be held fifteen5 days at least after such Service; and Circuit thereupon the Judge or Judges at such Circuit Court Court to shall and may proceed to cognosce, hear, and deter- Summary mine any such Appeal or Complaint, by the like Rules hearing of Law and Justice as the Court of Session or Court of Appeals, Justiciary respectively may now cognosce and deter- costs on mine in Suspensions of the Interlocutors, Decrees, Sentences, or Judgments of such inferior Courts; but the said Circuit Court shall proceed therein in a summary way; and in Case they shall find the reasons of any such Appeal not to be relevant, or not instructed, or shall determine against the Party so Complaining or Appealing, the said Judge or Judges shall condemn the Appellant or Complainer in such Costs as the Court shall think proper to be paid to the other Party, not

proceed in

way in

and award

affirmance.

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