holds a separate court, termed the Bill-Chamber, where he passes Bills in the cases where that form still continues in use, or the Notes which now have generally superseded that more cumbrous ceremony. A bill is an application to the court to allow a writ to pass the signet. The greater number of diligences for attaching person or property, until lately, passed through this ordeal, and it was a necessary preliminary, as already explained, in opening up the decisions of inferior courts. Some actions cannot commence without the sanction of a passed bill. A note is a simple application, desiring the court to exercise its summary functions, according to a statement of facts appended to it. The decision in the Bill-Chamber is either admitting or refusing the terms of the bill or note, or modifying them. In the majority of cases, the clerk marks the bill as passed, as a matter of course, without the Lord Ordinary seeing it, but in other cases there are long litigations before him. Until the act of 1838, the junior Ordinary was Outer-House judge in all actions for the reduction of documents, decrees of courts, &c.; but these may now be brought before any ordinary.2 During vacation and recess, the functions of the Lord Ordinary on the bills are performed in rotation by those six judges of the Court of Session who are not judges of Justiciary. The person who thus acts on these occasions is considered the representative of the court, and authorized to exert its remedial power on urgent occasions.4

3

Every judgment of a Lord Ordinary is final in the OuterHouse; but it may be brought under review of the InnerHouse by a reclaiming note presented within twenty-one days after its date.

SECT. 4.-Arrangement of Business in Jury Cases.

Trial by jury in civil causes was introduced in 1815 to a limited extent, which was enlarged in 1819,7 and afterwards in 1825.8 The acts passed at these periods had reference to a special court created for jury causes, presided over by a chief commissioner. In 1830 the separate establishment was abolished, jury trial being united with the ordinary jurisdiction of the Court of Session.9 Jury causes are brought into court in the usual manner (see preceding section), being

Beveridge on the Bill-Chamber.-21 & 2 Vict. c. 118, § 2.-3 2 & 3 Vict. c. 36, §7.- Beveridge on the Bill-Chamber.-5 6 Geo. IV. c. 120, § 17.-6 55 Geo. III. c. 42.-7 59 Geo. III. c. 35.-86 Geo. IV. c. 120.11 Geo. IV. & 1 Wm. IV. c. 69.

put to a separate roll, called by the Lords Ordinary, termed the jury roll, as soon as appearance is made for the defender, if they be cases specially appropriated to jury trial.1

Jury causes are tried in Edinburgh by the presidents of the Divisions, or, in the unavoidable absence of a president, by another judge of the Division.2 Jury trials may proceed at any expedient time during session or vacation;3 and at the termination of the winter and summer sessions, and during the Christmas recess, all causes ready for trial are generally proceeded with, unless cause be shown for delay. Causes may be tried at circuit, before the justiciary judge, or any other judge of the Court of Session.4

Questions tried by Jury.—The actions specially appropriated to jury trial, are,-actions on account of injury to the person, whether verbal (as by defamation) or real, injury to moveables, or to land when the title is not in question. Actions of damages on account of breach of promise of marriage, seduction, or adultery. Actions founded on delinquency, or quasi delinquency (where the conclusion is for damages), and on the responsibility of shipowners, innkeepers, &c. Actions for nuisance. Reductions on account of insanity, idiocy, facility and lesion, and force and fear. Actions on policies of insurance and contracts for the conveyance of goods, and actions for the wages of masters and mariners of vessels. In other causes the court have a discretion to remit in whole or in part to a jury.6 In reviewing the decisions of inferior courts, the Court of Session may remit questions of fact, which do not seem to have been exhausted in the court below, to a jury; and in a case proceeding in an inferior court for an interest exceeding £40, when an interlocutor has been pronounced allowing a proof, either party may advocate, and have the question tried by a jury.7

Issues. When it is decided that a case goes to a jury, the court remits it to the clerk to frame the 66 issues," or the questions to which the jury is to return an answer. They are generally adjusted by the agents and counsel of the parties in presence of the clerk, and sent to the Lord Ordinary for approval. The matter in dispute may be exhausted by one issue, called "the General Issue," or by several issues applicable to different respective branches of the question, these are termed Special Issues.9

16 Geo. IV. c. 120, § 29. Macfarlane's Practice in Jury Causes, 27.11 Geo. IV. & 1 Wm. IV. c. 69, § 3.- Ibid. § 9.— Ibid. § 11.-5 6 Geo. IV. c. 120, § 28.- Macfarlane, 42.7 6 Geo. IV. c. 120, § 40."Macfarlane, 65.— Ibid. 68.

The Jury. The case may be tried either before a common jury or a special jury.* A common jury is summoned to the number of not less than thirty-six and not more than fifty, in the same manner as to the Court of Justiciary.1 A special jury can only be resorted to in cases of importance, with the permission of the court. Thirty-six special jurymen are returned by the Sheriff, who are reduced to twenty by the agents for the parties alternately striking off a name. These twenty are summoned to the trial, and from them the twelve who are to act are chosen.2 In a common jury the individuals are chosen by ballot; any one may be set aside on cause shown, such as enmity or interest, and each party is allowed to challenge four without showing cause. Jurymen are paid for their attendance, and it is the practice to give £1 to each for a trial of one sitting, and £2 where there is an adjournment.4

3

Trial. The proceedings commence with the pursuer's counsel stating what he intends to prove. He then leads his proof, after which the defender's counsel enters on the defence. If the defender lead evidence, the pursuer is entitled to reply; when both parties have concluded, the judge charges the jury. Either party may object to legal matter in his charge, and have the objections afterwards discussed in a Bill of Exceptions. The jury must be unanimous in their verdict, and in cases of damage must assess the amount. The verdict is announced by the chancellor, who is chosen by a majority, the juryman first sworn having a double voice in case of equality. If the jury remain enclosed twelve hours without giving a verdict, they are discharged, unless they unanimously apply to the court for farther time.7

6

SECT. 5.-Officers of the Court..

The establishment of clerks of the Court of Session was, until lately, divided into three chambers, each of which consisted of two principal clerks, two depute-clerks, and four assistant clerks and closet-keepers. These were equally allotted between the two divisions of the court, so that each division had three principal, three depute, and six assistant clerks. By the present arrangement there are four Principal clerks, with their Assistants, whose duties lie in the Inner

* See the difference explained under the head of Criminal Practice.1 55 Geo. III. c. 42, § 20.- Ibid. §§ 26, 27. Macfarlane, 95.- 55 Geo. III. c. 42, § 21. Ibid. § 30. Macfarlane, 241.- Ibid. 122-126.-6 Macfarlane, 236, 275.-7 Ibid. 238, 239.

House; and instead of the deputes being attached to divisions, there is a depute attached to each of the five Lords Ordinary. There was formerly an establishment of four principal clerks in jury causes; but their duties now devolve on the principal clerks of session.2

The Principal clerks have control over the Deputes and Assistants. They sit in their respective divisions in the Inner-House, and write out the interlocutors or judgments of the court as they are pronounced. The depute-clerks attend in the same manner in the Outer-House, and write out the interlocutors of the Lords Ordinary. In this duty each depute is aided by his assistant. The assistants both of the principal and depute-clerks attend regularly at their respective chambers in the Register-House, where they receive papers connected with the processes of which they have charge, lend them out to and receive them back from the agents, and keep a minute of the proceedings in each process. When a process is sent from the Outer-House to the InnerHouse, it must be sent to the office of that principal clerk to whom the depute in the Outer-House is attached in terms of the late act. There are two clerks who, under the superintendence of the principal clerks, transact the business of the Bill-Chamber, the one acting in the same capacity as the ordinary depute-clerks of the Outer-House, the other performing in the Register-House the functions of an assistant clerk, and there is a clerk and depute-clerk in teind cases.6

Judges' Clerks.-Each judge has a clerk, whose duty it is to take charge of his papers. Those of the Lord President and Lord Justice-Clerk keep the Inner-House rolls of causes, and those of the other judges of the Inner-House keep the OuterHouse printed rolls. Each Lord Ordinary's clerk keeps his hand-roll, or roll of cases in which motions are to be made or debates heard.7 When a process is taken to avizandum, or taken home for private consideration by a Lord Ordinary, his clerk writes the interlocutor or judgment.8

There are several other officials in the Register-House connected with the Court of Session. The duty of giving extracts of the judgments of the court for the purpose of enforcing them, belongs to an Extractor and assistant, under the superintendence of the junior principal clerk. The extractor is likewise keeper of the records, having the

1 1 & 2 Vict. c. 118, § 12.-2 Ibid. § 6.-3 D. P. 64-66.—4 1 & 2 Vict. c. 118, § 15.-5 Ibid. § 14.— Ibid. § 26.-7 D. P. 68.— Ibid.—9 1 & 2 Vict. c. 118, § 17.

custody for a time of all concluded processes. The entries made by the assistant clerks in their minute-books are collected and periodically published by a keeper of the Minutebook. The Recording of Deeds with clauses of Registration for execution, which on being so registered, are in the position of decrees of a court, and may be enforced without raising an action, is under the direction of a Keeper.3 There is an Auditor, who examines and taxes the accounts of agents when law-costs are awarded by the court, and a collector of the Fee-fund, which is a tax on litigants, to assist in meeting the expense of the judicial establishment. It was considerably reduced by the act of 1838.

CHAPTER II.

APPEALS, AND JURISDICTION OF THE HOUSE OF LORDS.

AN appeal from the Court of Session to the old Scottish Parliament was considered an anomalous process, because, as already explained, the Court of Session was, in the principle of its establishment, the representative of a committee of the Parliament. During the reign of Charles II., however, an appeal to Parliament was considered a protection from the arbitrary measures of the court; and an attempt that was made to secure the privilege in a particular instance, occasioned a renowned struggle between the crown and the bar, in which the latter were compelled to submit. The right of the subject to seek "remeid of law" in Parliament, was urged in the Claim of Rights, and conceded at the Revolution; and after the Union, the standing orders of the House of Lords, as to English appeals, were made applicable to those from Scotland.5

The right of appeal placed in the hands of a litigant a powerful engine of annoyance to his adversary, which was considerably weakened when it was enacted that no judgments should be liable to appeal but final judgments of the Inner-House, exhausting the whole merits of the cause, unless (in the case of its issuing an interim or interlocutory

1 & 2 Vict. c. 118, § 20.-2 D. P. 69.-355 Geo. III. c. 70, § 4.- D. P. 70, 71.-5 Form of Procedure upon Appeals, 13.