Guilty a Jury shall then be empannelled, and the Trial shall proceed and be followed out according to Law, unless the Diet shall be further adjourned or deserted according to the existing Law and Practice. 1 It has been held that advocation of the Sheriff's interlocutor, pronounced at the first diet, sustaining the relevancy of the libel, is incompetent. High Court, Jameson v. Lothian, Dec. 3, 1855, 28 Jurist 49, 2 Irv. 273. The relevancy of a libel must be considered at the first diet. High Court, Smith v. Lothian, March 21, 1862, 4 Irv. 170, 34 Jurist 467. 2 In this case there was an interlocutor of relevancy at the first diet, at which the panel pleaded not guilty, but there was no remit to a second diet. At the second diet a jury was empannelled, and the accused was tried, found guilty, and sentenced. A suspension was then brought, at which the complainer pleaded, that after the libel was found relevant, an interlocutor should have been pronounced, "remitting the panel with the libel as found relevant to the knowledge of an assize." Held that this was unnecessary, the Act itself providing that on a certain event (viz., the panel's pleading not guilty) a jury shall be empannelled at a second diet, &c. High Court, Christie v. Simpson, May 28, 1856, 28 Jurist 417, 2 Irv. 432. In this case Tabram was accused of the crime of assault with aggravations, and a libel was served upon him citing him to appear before the Sheriff at Inveraray, on 10th November 1871 for the first diet, and on 23rd November for the second diet. At the first diet the charge was found relevant, the accused pleaded not guilty, and the Sheriff then adjourned the case until the 23d, when proof was to be taken. On the 11th the Procurator-Fiscal intimated to Tabram, by letter, that the case would not be proceeded with, and that a new libel would be served. No further proceedings were taken in the Sheriff Court, and on 30th March 1872 Tabram was served with an indictment to appear before the Circuit Court of Justiciary, in the same terms and for the same offence. He objected that he was ready to meet the charge at the adjourned diet before the Sheriff, and was still ready to do so; and that the calling on him to answer a new indictment before a different Court, containing the same charge, while the previous indictment which had been found relevant by the Sheriff was undisposed of, was incompetent. The point raised was certified to the High Court of Justiciary at Edinburgh, and after full consideration the objection was repelled. Observed by the Lord Justice-Clerk:-"It seems quite certain that the mere not calling of the diet under the first indictment in this case had no further effect than that the instance fell. But even if it had not fallen, the prosecutor might proceed with a new indictment, provided he entered on the records an abandonment of the first." H. M. Advocate v. Tabram, May 23, 1872, 44 Jurist 416. 36. It shall not be necessary for the Sheriff at such Diet to ask the Party accused more than whether such Party pleads Guilty or Not Guilty. Salaries of Sheriffs and Sheriff-Substitutes. 37. And with respect to the Salaries and Remuneration of Sheriffs and Sheriff-Substitutes, be it enacted as follows: than once to plead. Sheriffs Substitutes may be and addi riff-Substi ed. It shall be lawful to grant to any Sheriff such Salary Salaries of as to the Commissioners of Her Majesty's Treasury may and Sheriffseem meet, not being less than Five hundred Pounds by the Year, and to any salaried Sheriff-Substitute now in increased, Office, or to his Successor, or to any Sheriff-Substitute tional Shewho may be hereafter appointed by virtue of this Act, tutes may such Salary as to the Commissioners of Her Majesty's be appointTreasury may seem meet, the same not in any Case exceeding One thousand Pounds by the Year, and not less than Five hundred Pounds by the Year; and every Salary payable to such Sheriff or Sheriff-Substitute shall be paid by Four equal quarterly Instalments out of the Funds from which the Salaries of Sheriffs are payable; and it shall be lawful for Her Majesty and Her Heirs and Successors, upon the joint Recommendation of the Lord President of the Court of Session, Her Majesty's Advocate, and the Lord Justice-Clerk, all for the Time being, to grant Authority to any Sheriff to appoint One or more additional Sheriff-Substitutes: Provided always, that such joint Recommendation shall expressly bear that the Appointment of such additional Officer or Officers is essentially necessary for the Public Service; and provided also, that no more than Two additional Sheriff-Substitutes in each County shall be appointed under the Powers hereby conferred. 38. It shall be lawful for the Commissioners of Her Provision D ing Allowance to and Sheriff disabled after long Service. for Retir- Majesty's Treasury to grant to any Person who has held, now holds, or may hereafter hold the Office of SheriffSheriffs Substitute such Annuity as is by the said second-recited Substitutes Act authorized to be granted in respect of long Service for One or other of the Periods specified in the said second-recited Act, notwithstanding such Service may not have been continuous, and may have been in different Counties; and the said Commissioners shall have the same Powers of granting Annuities to Sheriffs in respect of long Service as are conferred by the said second-recited Act and by this Act with reference to Sheriff-Substitutes, and such Annuities shall be payable out of the Funds from which the Salaries of Sheriffs are payable: Provided always, that no such Annuity shall be granted to any Sheriff or Sheriff-Substitute, unless the Periods of his actual Service as Sheriff or SheriffSubstitute, as the Case may be, shall, when taken together, extend to one or other of the Periods of Service specified in the said second-recited Act; and that in computing the Amount of Retiring Allowance of such Sheriffs the Emoluments drawn by them on Average of of the Five preceding Years shall be held to constitute their Salary. Sheriffs' Salaries to be in lieu of all Fees, &c. Commis 39. The Salaries henceforth to be paid to the Sheriffs and Sheriffs-Substitute shall be in full of all Fees and Emoluments whatever. 40. The Commissions already granted or to be sions to granted by all Sheriffs to the Sheriffs-Substitutes shall Substitute extend over the whole County. Sheriffs to extend over the whole County. Compensa- 41. In case the Operation of this Act shall affect the Emoluments of any Sheriff-Clerk not now paid by Salary, it shall be competent to such Sheriff-Clerks to apply to the Commissioners of Her Majesty's Treasury of Great Britain and Ireland, who shall have Power, upon Proof to their Satisfaction of the Diminution of the Emoluments of such Sheriff-Clerks through the Operation of this Act, to award such Compensation to such Sheriff-Clerks respectively as to the said Commis sioners shall seem just; and it shall be in the Power of any such Sheriff-Clerk to require that he should be paid by Salary, in Terms of the said recited Act First and Second Victoria, Chapter One hundred and nineteen ; and it shall be lawful to the Commissioners of Her Majesty's Treasury to adjust the Salary of every SheriffClerk now in Office, and who is paid by Salary, regard being had to the Expenses of such Office, as may seem to them just. Provision for the Sittings of Sheriff Courts. 42. And with respect to the Sittings of the Sheriff Courts, and the more efficient Operation of this Act, be it enacted as follows: Courts to ing Session spatch of Each Sheriff Court, except those held at a Place where Sheriff an ordinary Sheriff-Substitute does not reside, shall sit sit such for the Despatch of ordinary Civil Business for such Days durNumber of Days weekly during the Session as shall be for De fixed by each Sheriff by a Regulation of Court, to be civil Busiapproved of by the said Lord President and Lord Justice- ness as may Clerk, and to be advertised at least once a Year in a Sheriff and Newspaper published in the County, or where there is of. no such Newspaper, in a Newspaper published in some County immediately adjoining. be fixed by approved Sessions in 43. Each Sheriff shall hold Three Sessions in each Sheriffs to Year, the First of which shall commence on the Fifteenth hold Three Day of January, or the First ordinary Court Day there- each Year. after, and shall continue until the Fifteenth Day of March following, and the Second shall commence on the Third Day or the Fourth Day of April, and shall continue until the Thirty-first Day of July following, and the Third shall commence on the First Day of October, or the First ordinary Court Day thereafter, and shall continue until the Fifteenth Day of December following; and in case at any Time there shall be any Arrear of Business undisposed of, it shall be the Duty of the Sheriff from time to time to appoint additional Sheriff may Court Days, whether in Time of Session or Vacation, of Vacation. for the Purpose of disposing of such Arrear. act in Time 44. All summary Causes may proceed equally during Vacation as during Session; and it shall be competent to the Sheriff, if he thinks fit, to pronounce Interlocutors in Time of Vacation, in all Causes, whether summary or not. 45. The Sheriff shall, before the Termination of each Session, appoint at least One Court Day during each Vacation for the Despatch of all ordinary Civil Business, including the calling of new Causes, and the Receipt of Condescendences, Defences, and other Papers, which, if the Court had not been in Vacation, would have required to be previously lodged. 46. Every Sheriff shall, unless prevented by Indisposition or other unavoidable Cause, hold annually in his County Sittings for the discharge of the Judicial Business of the County; that is to say, the Sheriffs of Sutherland, Caithness, and Inverness, Ross and Cromarty, Argyle, Banff, and Elgin and Nairn, shall hold Three such Sittings, and the Sheriffs of the other Counties shall hold Four such Sittings, in the course of the Year; and such Sittings shall continue until the Causes ready for Trial or Hearing when such Sittings commenced be disposed of; and such Sittings shall, except as regards the Counties of Ross, Inverness, and Argyle, be held at each of the Places within his County at which the ordinary Courts of the SheriffSubstitutes are held, and such other Places as the Sheriff, with Approval of the Secretary of State for the Home Department, may appoint, and as regards the Counties of Ross, Inverness, and Argyle, at such Places as the Sheriff, with Approval of the Secretary of State, may appoint: Provided always, that the Sheriffs of the said Three Counties shall at least twice a Year hold One such Sitting at each of the Places at which the ordinary Courts of the Sheriff-Substitutes are |