bers, after such intimation to parties, enquiry, or hearing (if any) as to him shall seem just, by Order granting or refusing the same, which Order shall be entered on the record copy of the indictment and signed by the judge making it, and shall be final: provided, however, that if any party (including any person accused in the same indictment as the applicant) shall have given notice, either at the time of making the application or by letter received by the Clerk before the proceedings are reported to the judge, intimating that he desires to be heard in support of or against the application, then the judge shall not proceed to dispose of the application without giving the party who has so given notice, or his agent, such intimation and opportunity of being heard by counsel or by an agent qualified to practise in the Court of the second diet as shall seem to him to be reasonable in the circumstances. But nothing herein contained shall confer any right on an accused person to be personally present at the disposal of the application.

(ii) Where owing to defective postal facilities or other cause the record copy of the indictment appointed under the Criminal Procedure (Scotland) Act 1887 to be transmitted to the Clerk of Justiciary or the Clerk of the District of the Court of the second diet shall not be in the hands of the said Clerk on the morning of the third lawful day after the first diet, the procedure hereinbefore directed to be taken before a judge on said third lawful day may competently proceed upon telegraphic or telephonic intimation given to the Clerk of Court of the proceedings at the first diet bearing upon (a) the plea recorded (if any); (b) any application then made for a jury of one sex only; and (c) any special defence of which notice may have been given; and in that case any Order by the judge may, pending receipt of the record copy of the indictment, be made and signed by the judge making it on a separate copy of the indictment or in the books of Court, but shall afterwards be endorsed on the record copy of the indictment. (iii) Where having regard to the usual course of post, or to any exceptional circumstances existing at the time, there is reason to believe that the record copy of the indictment may not reach the said Clerk by the morning of the third day after the first diet, it shall be the duty of the Clerk of the Court of the

first diet to send to the said Clerk for the second diet by telegraph or telephone intimation in terms of the preceding subsection immediately after the first diet.

V. Notwithstanding anything herein contained, it shall nevertheless be competent, in any case in which no such application has been made and disposed of as hereinbefore provided for, for the judge appointed to preside at the trial of the case, at any stage prior to the empannelling of the jury to make an Order, if in his discretion he shall think proper so to do, that the jury for trial of the case shall be composed of men only or of women only, subject always to the condition that no such Order shall be made or take effect unless there are a sufficient number of men or women (as the case may be) on the Assize List and present and available to form a jury of the composition contemplated.

C.-SUMMONING OF JURORS. CITATION.

VI. (i) If prior to the date of citation of the jurors for any diet according to use and wont, an Order or Orders shall have been made directing that all the cases appointed for trial at such diet shall be tried by a jury or juries composed of men only, or of women only, as the case may be, the Clerk of Court may reduce the List of Assize by striking out the names of the persons of the other sex from the List of Assize, and it shall not be necessary to cite any of these persons as jurors.

(ii) Where no such application as is hereinbefore provided for in respect of any of the cases appointed for trial at a sitting to which any List of Assize applies has been made at the first diet, the Clerk of Court may forthwith reduce the List of Assize to such number as would fall to be cited according to the law and practice heretofore in use. This he shall do by striking out of the List of Assize the names of men and women, in equal numbers so far as may be, commencing with the names lowest on the list returned for each district; and only the assizors whose names remain on the list when so reduced shall be cited. Provided, however, that if intimation shall have been given of any special defence which shall appear to the Clerk of Court to be of such a nature as to involve enquiry into an issue which may be suited for trial before a jury of persons of one sex only, he shall, before proceeding to reduce the List

of Assize take the instructions of a judge competent to try the case. (iii) Where applications have been made at the first diet as hereinbefore provided for in any cases appointed for trial at any such sitting and these applications shall all have been dealt with and refused prior to the date of citation of the jury, the Clerk of Court shall, upon the refusal of said applications, proceed as provided in the preceding subsection.

(iv) In all other cases (subject to the provisions of the Criminal Procedure (Scotland) Act 1887, section 39, as to summoning only so many jurors as may be necessary), the persons whose names appear on the List of Assize shall be summoned, men and women equally.

(v) Where, owing to change of circum stances, by reason of the withdrawal of charges or otherwise, after the citation of jurors the conditions are found to be such that if they had existed prior to the citation the provisions of subsections (i), (ii), or (iii) of this section would have been applicable, the Clerk of Court may thereupon, notwithstanding citation, proceed to reduce the List of Assize as in these subsections provided for, and to countermand the citations of those jurors whose names are struck out of the list when reduced.

(vi) "Clerk of Court" in this section shall mean and include the Clerk of Court of the second diet, and in cases in which the second diet is before a Sheriff, the Sheriff Clerk of the District of the Court of the Second Diet, and in any case falling to be tried in the High Court of Justiciary, the Clerk of Justiciary. (vii) Jurors whose names are struck out in reducing the List of Assize, or whose citations are countermanded as above provided for shall be liable to future service as jurors as if their names had not been included in the particular List of Assize.

D.-SELECTION OF JURORS FROM THE
PANEL.

VII. (i) Where any case shall be remitted to an Assize in which an Order shall have been made as aforesaid that it shall be tried before a jury composed of men only or of women only, then in balloting for the jury in that case there shall be placed in the box or glass used for containing the slips of

the names of special and common jurors respectively (as provided in the Act of 6 Geo. IV. cap. 22, section 17) the slips containing the names of all the jurors, common or special as the case may be, who have been summoned; but in balloting for the jury, persons whose names shall be drawn who are not of the sex of which the jury has been directed to be composed, shall be passed over and not called on to serve on that particular jury; but the jury shall consist of the fifteen persons of the sex of which it has been ordered to be composed whose names shall be first drawn and who shall not be successfully challenged, in the usual proportion of common and special jurors. The slips containing the names of persons passed over under this provision shall be laid aside and returned to the ballot glasses before another jury is balloted

for.

(ii) Where no Order such as is mentioned in the preceding subsection shall have been made, then the names of all the persons appearing on the List of Assize and summoned to attend shall be placed in the appropriate box or glass according as they are special or common jurors, but irrespective of whether they are men or women and the ballot shall be carried through according to the method heretofore in use without distinguishing between men and

women.

E. EXEMPTIONS.

VIII. Any woman summoned to serve on a jury shall be entitled to apply to be exempted from service on account of pregnancy or other feminine condition or ailment, subject to the following conditions:

(i) Application for exemption shall be made by her to the Clerk of Court in which the second diet is to be called, or in any case in the High Court of Justiciary to the Clerk of Justiciary, as soon as may be after receipt of the citation, and unless on special cause shewn not later than the third day before the date of said diet, and the same shall be supported by evidence (by a medical certificate or otherwise) vouching to the satisfaction of the said Clerk that the applicant is or will be, by reason of pregnancy or some other feminine condition or ailment, unfit to attend and serve as a juror at the trial.

(ii) Applications duly made as herein pro-
vided for shall be dealt with by the
said Clerk, who shall have power to
dispose of them after such cousulta-
tion with a judge competent to try
the case as he may think necessary.
Intimation of the granting or refusal
of the application shall be made to
the applicant by the Clerk.
(iii) Any such juror whose application for
exemption is granted shall as regards
liability for future jury service be in
the same position as if she had not
been included in the List of the
Assize on which she is exempted
from serving.

IX. Every citation upon a woman to attend as a juror shall contain a notification as nearly as may be in terms of the Schedule hereto.

X. Nothing herein contained shall prejudice:(a) The right of the judge presiding at any trial at any time before the jury is empannelled to grant exemption in his discretion to a woman from serving as a juror in any case in respect of any of the reasons provided for in the Act;

nor

F.-GENERAL.

XI. This Act of Adjournal shall not apply to any case for the trial of which a jury shall have been requisitioned prior to the sixteenth day of February, ninteen hundred and twenty-one.

XII. The Lords appoint this Act of Adjournal to be printed and published in "The Edinburgh Gazette," and also direct that copies thereof be laid, as soon as may be, before both Houses of Parliament.

J. A. CLYDE, I.P.D.

SCHEDULE.

(Notice to be endorsed on the Citation served on a Woman summoned to serve as a Juror.)

NOTICE.

The person on whom this citation is served may apply to be exempted from service under it on account of pregnancy or other feminine condition or ailment unfitting her for the time being from serving on a jury:

Provided that notice of application for exemption is given to . . . . [design the Clerk of Court, Sheriff-Clerk of the District of the Court of the second diet, or the Clerk of Justiciary (as the case may be)] as soon as possible after receipt

1. Any application by the parties or any of them under section 1(b) of the Sex Disqualification (Removal) Act 1919 shall be made by motion

(a) In the case of an action tried by jury in the Court of Session or in the Sheriff Court, at the time when a date is appointed for the trial, or, if a new trial is ordered, at the time when a date is appointed for such new trial; (b) In the case of a petition under the Fatal Accidents Enquiry (Scotland) Act 1895, at the time when the Order directing at public enquiry and specifying the time. at which the same shall be held is pronounced.

2. (a) In all cases in which a precept is issued, according to the existing law and practice, for the preparation of a List of Jurors, the precept shall state in the event of any Order having been made under section 1 (b) of the said Act, either on the motion of any of the parties or in the discretion of the judge, that the list is to be composed of men only or of women only, as the case may be.

(b) In all these cases the Clerk who, according to the existing law and practice, makes up the panel or List of Jurors shall make up such panel or list so that the same is composed of men only, or of women only, as the case may be.

4. The names of all the persons appearing on such list or panel shall be placed in the appropriate box or glass, according as they are special or common jurors, but irrespective of whether they are men or women; and the ballot shall be carried through according to the method heretofore in use.

5. Any woman summoned to serve on a jury shall be entitled to apply to be exempted from service on account of pregnancy or other feminine condition or ailment, subject to the following conditions:

(a) Application for exemption shall be made
by her to the Clerk of the Court in
which the cause is to be tried by jury,
or the enquiry held, as soon as may be
after receipt of the citation, and unless
on special cause shewn not later than
the third day before the date appointed
for such trial or enquiry, and the same
shall be supported by evidence (by
medical certificate or otherwise) vouch-
ing to the satisfaction of the said Clerk
that the applicant is, or will be, by
reason of pregnancy or other feminine
condition or ailment, unfit to attend
and serve as a juror at the trial or
enquiry;
(b) Applications duly made as herein pro-
vided for shall be dealt with by the
said Clerk, who shall have power to
dispose of them after such consultation
with a judge competent to try the cause
or to hold the enquiry as he may think
necessary; and intimation of the grant-
ing or refusing of such application shall
be made to the applicant by the Clerk;
(c) Every citation upon a woman to attend as
a juror shall contain a notification as
nearly as may be in the terms of the
Schedule hereto;

(d) Nothing herein shall prejudice the right of the judge presiding at any trial or enquiry at any time before the jury is empanelled to grant exemption in his discretion to a woman from serving as a juror in any case in respect of any of the reasons provided for in the Act; nor any power presently exercised by the Clerk of Court or by any judge presiding at such trial or enquiry to excuse at any time any person summoned to attend as a juror from attendance. 6. This Act of Sederunt shall not apply to any trial or enquiry the date of which has been

And the Lords appoint this Act to be entered in the Books of Sederunt and to be printed and published in common form. J. A. CLYDE, I.P.D. SCHEDULE.

(Notice to be endorsed on the Citation served on a Woman summoned to serve as a Juror.)

NOTICE.

The person on whom this citation is served may apply to be exempted from service under it on account of pregnancy or other feminine condition or ailment unfitting her for the time being from serving on a jury:

Provided that notice of application for exemption is given to . . . . [design the Clerk of Court] as soon as possible after receipt of this citation, and in any event (unless on special cause shewn) not later than the third day before the diet of trial or enquiry mentioned in this citation and that such application is supported by evidence (by a medical certifi cate or otherwise) vouching to the satisfaction of the said Clerk that the applicant is or will be, by reason of pregnancy or some other feminine condition or ailment, unfit to attend and serve as a juror at the trial.

:

THE TEINDS BILL: W.S. SOCIETY'S APPROVAL AND RECOMMENDATIONS. The Bills Committee of the Society of Writers to His Majesty's Signet, in a report, which has been approved by the Society, on the Teinds Bill, state the scheme embodied in the Bill has been well thought out. It is impossible to state definitely, the report continues, whether it would be more for the advantage of the Church or the proprietors of land that depends upon future economic and even legislative developments which are incapable of accurate anticipation. The committee, however, are clearly of opinion that the ultimate effect of the scheme when worked out would be indirectly advantageous alike to the public, the Church, and the proprietors. They favour the present scheme in so far as it reflects agreement between the Church and the proprietors, advising that as to any open points the Government should carefully and justly decide these so that the decisions may fit into what has been arranged, and that the Bill receive legislative effect with neither undue haste nor undue delay.

The committee also put forward a number of recommendations with regard to certain sections of the Bill. They suggest, among other things, that further provision be made for simplifying procedure in future valuations of teinds; that it be expressly shewn that the Act applies to