Treason Outlawries (Scotland) Act 1748
| Act of Parliament | |
 | |
| Long title | An Act for explaining and amending an Act passed in the Seventeenth Year of His present Majesty's Reign, intituled, "An Act for raising and establishing a Fund, for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of Saint Andrews, Glasgow, and Edinburgh." |
|---|---|
| Citation | 22 Geo. 2. c. 48 |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 26 May 1749 |
| Commencement | 29 November 1748[b] |
| Repealed | 16 June 1977 |
| Other legislation | |
| Amended by | Statute Law Revision Act 1888 |
| Repealed by | Statute Law (Repeals) Act 1977 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
The Treason Outlawries (Scotland) Act 1748 (22 Geo. 2. c. 48) was an act of the Parliament of Great Britain[c] which applied only to Scotland. Its long title was "An Act to ascertain and establish the Method of Proceeding to and upon Outlawries for High Treason and Misprision of High Treason, in Scotland."[1]
The act set out the procedure to be followed when anyone was prosecuted for treason or misprision of treason in Scotland. In particular, anyone who failed to surrender to the justice of the Scottish courts was to be automatically outlawed and attainted for the crime they were charged with, without the need for a trial, unless they had been out of Great Britain at the time, in which case they were still entitled to a trial provided that they returned and submitted themselves to the court within one year.[2]
The whole act was repealed in 1977,[3] although it had been obsolete well before then.
Notes
[edit]- ^ The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
- ^ Start of session.
- ^ The act was actually passed in 1749, but is listed under 1748 because under the common law acts of Parliament took effect retrospectively from the beginning of the session in which they were passed, which in this case was 1748: see the article Acts of Parliament (Commencement) Act 1793 for the explanation as to why.
