Slike strani


within bounds
of Circuit, except
in continuous
and special


to another.

The jurisdiction of each circuit is limited to offences committed in the counties included within the circuit, except in the case of continuous crimes, such as theft,

where the crime is held to be renewed in every jurisstatutory cases. diction in which the delinquent has the stolen property

in his possession ; and of crimes in reference to which power is specially given to try offenders at the place of apprehension, as for example, crimes committed at sea (1), or the crime of being at large before expiry of a

sentenceof penal servitude (2), or offences under the Fofrom one Circuit reign Enlistment Act (3). In one case of abduction of a

voter, the objection was taken to the jurisdiction of the Circuit Court at Dumfries, that though the abduction originated within the jurisdiction the person was said to have been carried into Ayrshire and kept there, and that Ayr was not within the jurisdiction. It was held that whether it would have been competent to try the offence in the Ayr Circuit Court or not, the Court of the place whence the abduction took place had jurisdiction, particularly in election abductions, as they had always a special relation to the place from which the voter was abducted (4).

The jurisdiction of Sheriffs and their substitutes is Limited to their limited to offences in their counties, except as regards

continuous crimes, and crimes in reference to which the statutory crimes. Sheriff of the place of apprehension has jurisdiction by Harbours, navig- statutory enactment (5). The jurisdiction includes

“ the navigable rivers, ports, harbours, creeks, shores, " and anchoring grounds,” in and adjoining the sheriffdom, and where counties are separated by a river, or frith, or estuary, the sheriffs of the adjoining counties 1 Acts 18 and 19 Vict. c. 91, 1935; 1 Swin. 1 and Bell's Notes


counties except in continuous and

, &c.

105. 2 Act 5 Geo. IV. c. 84, § 22.- 3 Acts 33 and 34 Vict. c. 90, $ 16. Under this statute the offender may 4 John Douglas, jun., and Jas. be tried either in the place of appre. Irving, Dumfries, April 27th 1866 ; hension or in the place from which 5 Irv. 265 and 2 S.L.R., 181. he was ordered to be banished.-- 6 Acts 17 and 18 Vict. c. 104, $ See Jas. Martin, H.C., Nov. 16th 531, and 18 and 19 Vict. c. 91, $ 21.

$ 21.

have a cumulative jurisdiction over the intervening JURISDICTION OF space (1).


offences falling


Sheriffs can try all crimes which infer only an arbi- Nature of trary punishment, and which are not restricted by within Sheriff's statute to any other forum (2). It has never been decided whether an offence which by statute is punishable in the discretion of the judge, either by imprisonment or a higher punishment, which latter a Sheriff cannot inflict, can competently be tried in the Sheriff Court. The question was raised in a case under the Night Poaching Act, for an offence for which the punishment prescribed was seven years' transportation, or "such other punishment as may by law be inflicted on persons guilty of a misdemeanour," as the Court might adjudge. The libel was found irrelevant as being "not "so framed as to be competently tried before the "Sheriff" (3). It is thus an open question whether, if the demand for punishment were limited to such a sentence as the Sheriff could pronounce, the Sheriff might not try the case (4).


The jurisdiction of borough magistrates and Justices JURISDICTION OF of the Peace, at common law, is now confined to petty TRATES. cases, while there are statutes too numerous to be quoted enabling them to try particular offences. jurisdiction is confined to crimes committed in

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1 Act 11 Geo. IV. and I Will. IV. c. 69, §§ 22, 24-Lewis v. Blair, H.C., Feb. 25th 1858; 3 Irv. 16 and 30 S.J. 508.


2 Hume ii. 60, 61. -ii. 64, 65.— Alison ii. 35 36.-See Jas. Kennedy, Nov. 7th 1839; 2 Swin. 447 note, and Bell's Notes 61, where it declared competent to try minor forgeries before the Sheriff, and Dawson v. M'Lennan, H.C., April 2d 1863; 4 Irv. 357 and 35 S.J. 515, where the same was held as to a charge of concealment by a bankrupt. See also Byrnes and others v. Dick, and Lawton and others v. Lawson, H.C., Feb. 23,

Their Offences in their

borough or

their county, except in

statutory cases.

1853; 1 Irv. 145 and 25 S.J. 263
(Lord Justice Clerk Hope's opinion).

3 Hume ii. 60, case of Russell in
note a.

4 See Alison ii: 37, 38.-It is understood that in practice it is now often done, the prosecutor restricting his demand for punishment to the limits of the Sheriff's jurisdiction. One of the clauses of the Merchant Shipping Act 17 and 18 Vict. c. 104, § 530, appears to make it competent for the Sheriff to try certain offences against that Act, although the offences are felonies, and if tried in a higher court might be punished by penal servitude.


JURISDICTION OF boroughs or counties (1), except in the case of crimes

committed at sea (2), and offences in reference to
which jurisdiction is conferred upon the magistrates of
the place of apprehension by statute (3).




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A magistrate (4) who witnesses the commission of a Magistrate see- crime may arrest the offender, or order arrest. If ing crime may arrest, immediate complaint be made to a magistrate of a Or order arrest serious crime by others who know the fact and who the

offender is, he may verbally order his arrest (5). Constables seeing

A constable or other officer of law who sees a percrime, or directly informed, may

son commit a felony or breach of peace, or threaten

violence, may arrest him. He ance of by

do the same on

direct information of eyewitnesses. In arresting he

may command the assistance of the bystanders (6).
Arrest on the These powers are not abrogated by special statutory
spot not abro-
gated by statu- rules, empowering justices to grant warrant to summon
as to warrants. offenders on information on oath of a breach of the

statute. The officer is still entitled to arrest offenders

who are detected by him in the act (7). In cases of Breaking doors. serious crime officers may break open doors, after stat

ing their purpose, demanding admittance, and being
refused. But in mere breaches of the peace, they
may not break in, except to quell a disturbance actually

proceeding (8).
Citizen seeing Any citizen witnessing a felony may arrest the
felony may

criminal. But he may not do so on suspicion or

1 Hume ii. 57 and cases of Cle- 6 Hume ii. 75.--Alison ii. 116, phane : and Weir in note 1.

117.---Campbell 330. 2 Acts 17 and 18 Vict. c. 104, 6 Hume ii. 75, 76. — Alison ii. 531, and 18 and 19 Vict. c. 91, 117, 118.--Campbell 330.

7 M'Vie and Lynch v. Dykes, 3 Act 4 Geo. IV. c. 34, § 3. - H.C., May 28th 1855; 2 Irv. 429 Clark v. M‘Naught, H.C., March 9th and 28 S. J. 416. 1846 ; Ark. 33.

8 Hume ii. 76, referring to sta4 The word magistrate is here tutes 1717, c. 8.-1528, c. 8.—1567, used in its widest sense, as includ- c. 33.-1661, c. 22.- Alison ii. 118. ing all the higher Judges.

-Campbell 331.


& 21.

In case



grant on infor


information, nor may he break open doors. of mere breach of the peace, he may try to prevent or stop it, but cannot arrest (1). By statute, power to Special statutory arrest an offender taken in the act, is conferred upon certain persons specially (2), and in some cases power is given to any person to arrest (3).

A magistrate, on information of any (4) crime, may grant warrant to arrest, and it would appear that a Magistrate may baron-bailie

may grant warrant to apprehend and mation. detain till a higher magistrate can be informed of the charge (5).

Except when required by statute (6), the warrant Petition or oath need not be preceded by a petition, or oath, or declaration of the applicant, although the magistrate may require such (7). Where a statute prescribed that Statute requiring the warrant must proceed upon sworn information, public prosee u. this proviso was held not to apply to a warrant tor, granted at the instance of the Procurator-fiscal, there being a special clause giving power to the public prosecutor to prosecute, without its being said regarded him that he must give information on oath (8). The warrant should be dated, and if by a justice or justices of peace, should bear their style, quality, and county, and the place where it is given. It is also usual to state the crime. But a warrant is not necessarily void for want of such solemnities, if

applic able to crave by


Solemnities of warrant.

1 Hume ii. 76, 77. — Alison ii. 24 and 25 Vict. c. 99, § 31. 119. Alison thinks the injured 4 Hume ii. 77.-Alison ii. might act on information, Campbell 331. but cites no authority.- Campbell 8 Hume ii. 77, referring to 20 331.

Geo. II. c. 43.-ii. 77, case of Hay in 2 For example, see Act 9 Geo. note a.- -Alison ii. 120. IV. c. 69, § 2, Act 2 and 3 Will. 6 Blythe and Taylor v. Robson, IV. c. 68, § 2 (Poaching).-Act 32 H.C., June 10th 1853; 1 Irv. 235 and 33 Vict. c. 99, § 3 (Habitual · and 25 S. J. 446 and 2 Stuart 453. Criminals).—Act 35 and 36 Vict. 7 Hume ii. 77.--Alison ü. 121.c. 93, § 49 (Pawnbroking).

Campbell 331. 3 For example, see the Salmon 8 Act 6 Geo. IV. c. 129, 88 7, 11. Fisheries Acts, 9 Geo. IV. c. 39, § - Neil v. Procurator-fiscal of Stir. 11, and Act 31 and 32 Vict. c. 123, lingshire, H.C., May 19th 1834 ; $ 29, and the Coining Offences Act Bell's Notes, 120.


the magistrate's signature be appended, and the person to be arrested be designated as accurately as the circumstances admit of (1). When the arrest is on a

Warrant and oath dated, no

not fatal.

date to petition warrant, issued on a written petition, it has been held good, though the petition was without date, the relative oath and the warrant being dated (2). But it would probably be otherwise if the petition and the oath had no date (3). Where a warrant is from the Commission of the Peace, the signature of one Justice ordinarily suffices (4). But if a special statute require the signatures of two, a warrant by one Justice will

Warrant to bring be invalid (5). The warrant may be to bring the before granter or offender before the granter or any other magistrate of

other magistrate.

One signature unless two required by statute.

the bounds. It may be addressed to the granter's proper officers, or to any officer named, or, if necessary, to a private citizen (6).

An officer cannot arrest beyond the bounds for which the warrant runs, unless it be endorsed by a magistrate of the bounds to which the offender has Warrants for apprehension by Sheriffs may be executed in any other county, provided they are executed by an officer of the Court from whence they Indorsation in issued, or by a messenger-at-arms (7). In cases

England or Ireland.

where the offender has left Scotland, the warrant must be endorsed by a magistrate of the place where it is proposed to apprehend (8). The bearer must, if required, make oath to the verity of the warrant. Where the offender has fled to a colony, the indorsation must be by a Judge of her Majesty's superior


where to be executed beyond bounds.

Sheriff warrants fled.

good in all counties.

Indorsation in colonies.

1 Hume ii. 78.-Alison ii. 122, 123.-Campbell 332.

2 Crawford v. Wilson and Jamesons, H.C., Nov. 19th 1838; 2 Swin. 200.

3 M'Leod v. Buchanan and Rose, H.C., Jan. 24th 1835; 13 Shaw's Session Cases 1153 and 7 S. J. 190.

4 M'Creadie v. Murray, H.C.

March 22d 1862; 4 Irv. 176 and 34
S. J. 468.

5 See case of M'Leod v. Buchanan supra.

6 Hume ii. 78.-Alison ii. 123-Campbell 332.

7 Act 1 and 2 Vict. c. 119 § 25. 8 Acts 11 and 12 Vict. c. 42 § 15, and 12 and 13 Vict. c. 69 § 15.

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