nesses and include the will in Criminal Letters. The copy must EXECUTION. have the list of the witnesses, and (except when there are Lists of witto be two diets in the Justiciary Court) (1) a list of the assize. persons who are to be summoned to serve as jurors. appended to it (2). Where there are several panels, a Served on copy must be served on each (3). The copy must be in all respects accurate. A slight inaccuracy which connot mislead, such as calling the prosecutor “Her Majesty's Advocate, for Her Majesty's Advocate, for "Her Majesty's interest," or omitting a letter, which does not alter the sense, and creates no real ambiguity each accused. Copy must be accurate. -(e.g., brokn for broken) will not vitiate the service (4). And where the copy varied from the record by using the words "seriously punishable," instead of severely punishable," an objection that the variation was fatal was repelled (5). Such variations, however, as omitting the prosecutor's surname, or giving a wrong name, or substituting Geo. III. for Geo. IV., or the like, are fatal (6). The copy must bear to be signed as Copy must the principal, both as regards the libel and inven- signed. tories (7) and the list of witnesses (8), but it is sufficient if one representation of the signature be placed at the end of the libel, and one at the end of each inventory, appendix or list, without there being the 1 Act 31 and 32 Vict. c. 95 § 6. 2 Act 1672 c. 16.--Hume ii. 247, 248. Alison ii. 316.-Campbell, 340, 341. 3 Hume ii. 245.-Alison ii. 312. 4 Hume ii. 245.-Alison ii. 313 to 316. See also John Maccallum, Inverary, April 22d 1836; 1 Swin. 207 and Bell's Notes 224. 5 John Mabon and Edward Shillinglaw, Jedburgh, April 4th 1842; 1 Broun 201 and Bell's Notes 224. 6 Hume ii. 246, case of Anderson in note 2.-Alison ii. 314, 315, and case of Ferguson there.-Campbell 341, 342.-Will. Shepperd, Perth, Sept. 6th 1820.-Shaw 39.-Margaret Muir or Leith, Glasgow, Dec. 22d 1829; Shaw 214 and 5 Deas 7 John Connor, Glasgow, Sept. 8 Ann Sommerville, H.C., June bear to be EXECUTION. Exception in sheriff court. Jury list need not be signed. Error in lists requires new service. Citation Mode where personal execution impossible. Or access cannot be obtained. representation of a signature on each page of the copy (1). As regards libels in the Sheriff Court, it is not indispensable that the list of witnesses should bear to be signed (2), though in practice it invariably does It is not necessary that the list of assize attached to the copy should bear to be signed (3). SO. An error in the list of witnesses or assize cannot be rectified after service by serving the list of new. The service of the list of witnesses must always take place at the same time as the service of the libel, and in case of error, the only remedy is to serve a new libel (4). But where there are two diets of compearance in the Justiciary Court, it is not necessary to append a list of assize, provided a copy of the list of assize be served not less than six clear days before the day fixed for the second diet (5). Where The citation must be personal, if possible. this cannot be done, the copy is delivered to one of the family within the accused's house (6). Delivery to a member of the family or a servant not within the house will not do (7). And where delivery was made to a corporal for his superior officer, but not in the particular quarters of the officer, the execution was held to be bad (8). If access cannot be gained, the copy 1 Campbell 342.-See also 1 Swin. 505, note. 2 Act of Adjournal, March 17th 1827. 3 Act 6 Geo. IV. c. 22, § 15.— dwelling bad 40 days before, is fastened to the most patent door of the house (1). EXECUTION. If the copy be left at a house which is not truly the dwelling of the accused, the citation is invalid (2). A citation at the accused's dwelling-house will be Citation at bad, if he have left it permanently forty days previ- if party left ously (3). Where the citation is by leaving a copy at the house, this must be followed by public citation, by Public citation. fixing a copy of the libel and lists to the market cross of the burgh of the accused's residence (4), and in case of capital crimes, this must be done between 8 and 12 of the forenoon (5). It will not do to cite at the cross Citation at and afterwards at the dwelling (6). If the execution be at the cross of any burgh but the true one, it will be invalid (7). But a citation which would not be sufficient in itself, may be made so by the act of the accused, e.g., if he has named a place in his bail bond Accused stating at which he may be cited (8). All bail bonds now he may be cited. specify a domicile at which the accused may be cited, and edictal citation is in such cases unnecessary (9). cross. place at which of vagrants, &c. The Court may grant warrant to cite, altogether Edictal citation edictally, at the head burgh of the shires where they most resort, those who have no fixed dwelling, or whose lawlessness makes personal citation impossible (10). 1 Act 1555 c. 33.-Hume ii. 254. -Alison ii. 332; Campbell 339. 2 Thos. King and A. Hood, H.C., May 30th 1825; Shaw 134. 3 Hume ii. 259, and cases of Frood and others and Johnston and Wilson there. - Houston v. Ponton, H.C., Feb. 25th 1828; Syme 332.-John Laird, H.C., Feb. 19th 1838; 2 Swin. 26 and Bell's Notes 226. 4 Act 1555 c. 33.-Hume ii. 255. -Alison ii. 333.-Campbell 339. 5 Act 1587 c. 86.-Hume ii. 256. -Alison ii. 334.-Campbell 340. 6 Hume ii. 255, and case of M'Innes there.-Alison ii. 333.Campbell 340.-Geo. Brown and Others, Glasgow, Oct. 11th 1820; 7 Hume ii. 255, case of M'Inlester 8 Alison ii. 330.-Will. Ward, Jedburgh, April 24th 1821; Shaw 60.-Chas. Crocket, Perth, Sept. 28th 1864; 4 Irv. 556 and 37 S. J. 25. Chas. Macdonald and Rob. Young, H.C., Feb. 14th, May 30th, and July 12th 1831; Shaw 243 and Bell's Notes 225. 9 Act 31 and 32 Vict c. 95, $18. 10 Hume ii. 258.-Alison ii. 335. -Campbell 340. EXECUTION. NOTICE OF DIET OF TRIAL. Persons abroad may be cited on authority of the Court, by leaving copies at the market cross of Edinburgh, and pier and shore of Leith. It is competent to cite a person, of whom it is not known whether he be in the country, both at his last known dwelling, and also at Edinburgh cross and the pier and shore of Leith (1). The diets to which the accused is cited are stated in a short notice which is attached to the copy served upon the accused :-"Take notice, that you will have "to compear before the High Court of Justiciary, "within the Criminal Court-House of Edinburgh, to answer to the criminal libel against you, to which "this notice is attached, on the 5th day of October "one thousand eight hundred, &c., at half-past nine o'clock forenoon. This notice served on the day of one thousand &c., by me." Here follows the signature of the officer with the word "macer" or "( 'Sheriff-officer" appended, as the case may be, and the signature of "A. B.," "witness," without any designation (2). In cases to be tried on indictment, in the Justiciary Court, the accused may be cited to two diets of compearance, the first being either in the High Court or the Circuit Court (which for first diets may be held at any time) (3), and the second in the High Court, the notice, after naming the first diet, stating" and also if required, upon "day of "the day of for the second diet" (4). In the Sheriff-Court the form is" and also if required, upon for the second diet, at o'clock forenoon" (5). This is the only competent notice to appear for trial (6). And the DIET OF form must be strictly followed (1). Where the officer's NOTICE OF signature was written "John Morrison Morrison," TRIAL. instead of "John Morrison, Macer," the citation was held bad (2). The officer is not required to sign the libel or lists (3). Provided the notice is attached, Position of the exact position of it is not of much consequence, consequence. Objections to the notice being placed at the end of the list of assize (4), or prefixed to the copy, have been repelled (5). "notice not of The first diet, whether there be citation to a second INDUCIE. or not, must, in the Justiciary Court, be fifteen clear Fifteen days. days after the service of the libel-(6). The second diet must not be less than ten days after the first (7). And where the accused is ordered at the first diet to be sent to the Circuit for trial, a notice of compearance must be served on him, not less than six clear days before he is brought up at Circuit (8). In Orkney Forty days and Shetland, citations for trial in the Supreme Court in Orkney. must be on forty days inducia (9). But this only applies where the service takes place there. son is apprehended in Orkney or Shetland, and brought to Edinburgh, and there served with a libel, he is only entitled to the ordinary notice of fifteen days (10). In the Sheriff-Court, the first diet must not be less than five clear days after service, the second diet not less than nine clear days after the first (11). Where per-Sixty, where 1 Rob. Lacy, Perth, April 13th 1837; 1 Swin. 493. 2 Geo. Rodgers, H.C., Jan. 8th 1830; Bell's Notes 223 and 2 S. J. 144. 3 Act 9 Geo. IV. c. 29, § 6.Will. Watson, Aberdeen, April 21st 1829; Shaw 218. 4 David Gibb and others, H.C., Nov. 10th 1828; Shaw 201 and Bell's Notes 223.-Jas. Wilson, Perth, April 22d 1859; 3 Irv. 405 and 31 S.J. 454.-See also Malcolm Fraser, Perth, Sept. 1835; Bell's Notes 223. If a per Sheriff Court second diet. party abroad. |