acceptance of a commission in the local militia shall not vacate the seat of any member returned to serve in Parliament. 177. VOTERS GOING TO ELECTIONS OF MEMBERS NOT PUNISHABLE FOR ABSENCE.-And no officer, non-commissioned officer, drummer, or private man of the local militia shall be liable to any penalty or punishment for or on account of his absence during the time he shall be going to vote at any election of a member to serve in Parliament, or during the time he shall be returning from such election. 178. NON-COMMISSIONED OFFICERS, DRUMMERS, AND MEN, NOT LIABLE TO SERVE AS PEACE OFFICERS.-And no serjeant, corporal, or drummer of the local militia, or any private man, from the time of his inrolment until he shall be regularly discharged from the local militia, shall be compelled to serve as a peace officer or parish officer. [Ss. 179, 180 rep. 36 & 37 Vict. c. 91 (S.L.R.).] 181. BILLS FOR PAY AND ALLOWANCE TO LOCAL MILITIA, and FOR REMITTING MONEY ON ACCOUNT THEREOF TO BE DRAWN ON UNSTAMPED PAPER.-And all bills, drafts, and orders drawn for the pay or allowance of the local militia, and also all bills, drafts, and orders by which any sums of money or fines are remitted to the Bank of England, or the agent general, or any person or persons authorized by the secretary at war to receive money on account of the local militia, may and shall be drawn upon unstamped paper; and no such bill, draft, or order shall be void by reason of not being so drawn or written on stamped paper; any thing in any Act or Acts of Parliament to the contrary notwithstanding. 182. RECOVERY AND APPLICATION OF PENALTIES WHERE NOT OTHERWISE DIRECTED BY THIS ACT.-And all fines, penalties, and forfeitures by this Act imposed which shall exceed the sum of twenty pounds shall, unless herein-before otherwise directed, be recovered by action of debt in the Court of Session in Scotland; and all fines, penalties, and forfeitures by this Act imposed which shall not exceed the sum of twenty pounds shall, unless herein-before otherwise directed, on proof of the offence either by voluntary confession of the party, or by the oath of one or more credible witnesses, before the sheriff or steward depute or substitute or any justice of the peace of the county, stewartry, or place where the offence shall be committed, be levied by distress and sale of the offender's goods and effects, by warrant under the hand of such sheriff, stewart, or justice, rendering the overplus (if any) on demand, after deducting the charges of such distress and sale, to the person whose goods and effects shall have been so distrained and sold; and for want of sufficient distress such sheriff, stewart, or justice is hereby required, in all cases where no particular time of commitment is herein-before directed, to commit such offender to the common gaol of the county, stewartry, or place where the offence shall have been committed for any time not exceeding three months; and the money arising by all such fines, penalties, and forfeitures, the application whereof is not otherwise particularly directed by this Act, shall be remitted to the agent general for local militia, or to the Bank of England, to be placed to his account, and to be by him applied and accounted for in the manner herein-before directed with respect to fines assessed upon the parishes for deficiencies. 183. CERTIFICATES OF THE AMOUNT OF CERTAIN PENALTIES TO BE TRANSMITTED TO THE SECRETARY AT WAR, &c.—And in all cases in which it is by this Act directed that any fine, penalty, or forfeiture shall be imposed by this Act, it shall be lawful for any one or more deputy lieutenants, justices, or magistrates by whom any such fine, penalty, or forfeiture may have been imposed for any offence committed against this Act, and he or they is or are hereby directed and required within ten days after such fine, penalty, or forfeiture may have been imposed, to transmit to the secretary at war a certificate of the amount of such fine, penalty, or forfeiture, in the form of the schedule to this Act annexed marked (G.); and a duplicate of every such certificate shall at the same time be transmitted to the solicitor for taxes in Scotland. 184. WITNESSES NOT ATTENDING, LIABLE TO PENALTY.-And if any person or persons shall be summoned as a witness or witnesses to give evidence touching any of the matters relative to this Act, either on the part of the prosecutor or persons accused, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without reasonable excuse for such his, her, or their neglect or refusal, to be allowed of by the judges or justices before whom the prosecution shall be depending, that then every such person shall forfeit for every such offence any sum not exceeding five pounds, 433 S.S.R. 28 to be levied and paid in such manner and by such means as is directed as to the other penalties. 185. CONVICTIONS TO BE MADE OUT IN THE FOLLOWING FORM.-And the sheriff, stewart, or justice, before whom any offender shall be convicted as aforesaid, shall cause the said conviction to be made out in the manner and form following, or in any other form of words to the same effect, mutatis mutandis; (that is to say,) ' convicted before me C.D. sheriff [or sheriff depute or substitute, or before us, C.D. ' and E.F., two of his Majesty's justices of the peace for the said county, residing near the place where the offence was committed, as the case may be]: For that the said 'A.B. on the day of now last past, did, contrary to the form ' of the statute in that case made and provided [here state the offence against the Act]: And I or we do declare and adjudge, that the said A.B. hath forfeited the sum ' of 186. NO CONVICTION TO BE REMOVED BY ADVOCATION OR SUSPENSION, &c.—And no order of conviction made by any lieutenant of any county, stewartry, or place, or by any two or more deputy lieutenants, or by any one deputy lieutenant together with any one justice of the peace, or by any justice or justices of the peace, by virtue of this Act, shall be removed by advocation or suspension out of the county, stewartry, or place wherein such order or conviction shall have been made, into any court whatsoever; and no bill of advocation or suspension shall supersede execution or other proceedings upon any such order or conviction so made in pursuance of this Act; but that execution and other proceedings shall be had and made thereupon, any such bill or allowance thereof notwithstanding. 187. LIMITATION OF ACTIONS-GENERAL ISSUE-TREBLE COSTS.-And if any action shall be brought against any person or persons for anything done in pursuance of this Act, such action or suit shall be commenced within six months next after the fact committed and not afterwards; and the defender or defenders in every such action or suit may plead generally, and give this Act and the special matter in evidence in any such action or suit; and if the defender or defenders shall be assoilzied, or if the pursuer or pursuers shall discontinue his, her, or their action or suit after the defender or defenders shall have appeared, or if, upon objection to the relevancy, judgment shall be given against the pursuer or pursuers, the defender or defenders shall have treble costs or expenses, and have the like remedy for the same as any defender or defenders hath in other cases to recover costs or expenses by law. See as to treble costs 5 & 6 Vict. c. 97, s. 2. 188. PERSONS TAKING A FALSE OATH GUILTY OF PERJURY.-And any person taking a false oath in any case when an oath is required to be taken by this Act shall be deemed guilty of wilful and corrupt perjury, and, being thereof duly convicted, be liable to such pains and penalties as by any laws now in force any persons convicted of wilful and corrupt perjury are subject and liable to. [S. 189 rep. 36 & 37 Vict. c. 91 (S.L.R.).] I SCHEDULES to which this Act refers. SCHEDULE (B.) FORM OF OATH. do make oath, that I am by my trade a and have ; been usually resident in the parish of that I am unmarried [or, have a wife living, as the case may be]; and that I have no children [or, not more than two children, born in wedlock]; and that I have no rupture, nor ever was troubled with fits, and am no ways disabled by lameness or otherwise, but As one thousand one thousand have the perfect use of my limbs; and that I am not a seaman or seafaring man. day of SCHEDULE (E.) RETURN of Private Local Militia Men serving for the County of This is to certify, that I [or, we, as the case may be] A.B., one [or more] of his Majesty's justices of the peace [or, deputy lieutenants, as the case may be] did, on the day of last past, levy upon C.D., the sum of pounds, being the amount of fine imposed [here specify the offence] under the Act for amending the laws relating to the local militia of Scotland. Dated this day of (Signed) A.B., Justice, SCHEDULE (H.) LIST of FINES imposed on Persons ballotted, and not appearing, pursuant to an Act passed in the Fifty-second Year of the Reign of his present Majesty, intituled [insert the title of this Act]. County. Subdivision. Parish. Persons fined. Amount of Fines. SCHEDULE (I.) ACCOUNT of PENALTIES imposed and remitted by the LIEUTENANCY. We do certify the above account is truly and justly stated to the best of our knowledge and belief. Deputy Lieutenant. |