Treason Outlawries (Scotland) Act 1748 Explained

Short Title:	Treason Outlawries (Scotland) Act 1748
Type:	Act
Parliament:	Parliament of Great Britain
Year:	1748
Citation:	22 Geo. 2. c. 48
Repealing Legislation:	Statute Law (Repeals) Act 1977
Status:	repealed

The Treason Outlawries (Scotland) Act 1748^[1] (22 Geo. 2. c. 48) was an Act of the Parliament of Great Britain^[2] 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."^[3]

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.^[4]

The Act was repealed in 1977,^[5] although it had been obsolete well before then.

See also

• Treason Act
• Treason Act 1708
• Sheriffs (Scotland) Act 1747

Notes and References

1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
2. 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.
3. The Statutes: Revised Edition, 1871, vol 2, p 545.
4. Statutes at Large, vol. XIX, Cambridge University, 1765, pp. 393-397.
5. Statute Law (Repeals) Act 1977, s.1(1) & Sch.1, Pt.IV.