ous committees of parliament were then from time to time appointed. These bodies had all the inconvenience of fluctuating assemblies; but in 1503 a more permanent committee was appointed, under the designation of "The Daily Council."2 The powers of this body, however, were undefined and vague, and the justiciar still retained his jurisdiction. Lastly, in 1532, the present Court of Session was established, consisting of fifteen judges, of whom one was a President, who acted as chairman in absence of the Chancellor.3 Thus the Court of Session, as representing the Parliament or great jury of the nation, united to the functions of the judge those which, in the criminal courts of Scotland, and the common law courts of England, came to be administered by the jury. In the origin of the Court of Session, we thus possess the historical reason why the judges have inquired both into the law and the fact without the intervention of a jury; and it is a characteristic circumstance that the former number of the judges (fifteen) corresponds with that which custom had fixed as the number of the jury in criminal trials.

At the union of the kingdoms in 1707, there ceased to be a Lord Chancellor of Scotland, a great seal for public transactions being prepared for the United Kingdom; while a keeper was appointed to hold a separate great seal for Scotland, to be attached to those private writs which might require its sanction. In 1808, the Court of Session was divided into two divisions; the one presided over by the Lord President, the other by the Lord Justice Clerk.5 At a later period, the system of jury trial was incorporated with the practice of the Court. (See below, Sect. 4.) At the union with England, the Court acquired jurisdiction as a commission of teinds. (See Part IV. Chap. IV.) In 1830, the number of judges was reduced to thirteen.6

Admiralty Court.-In 1830, the Court of Admiralty was abolished. The nominal head of this court was the Lord High Admiral, whose legal authority was enforced by a deputy, termed the Judge of the High Court of Admiralty. There were inferior admiralty jurisdictions, in which the law. was administered by admirals-depute. The civil authority of the Admiralty Court extended to certain questions arising out of contracts connected with shipping and commerce.

1 Glassford on the Scottish Courts of Law, 68, and Appendix I. Ivory's Form of Process, i. 7.-2 1503, c. 58.-3 Act of 1532 (in some editions, by mistake, made 1537). Beveridge's Forms of Process, Introduction. D. P. ch. i.-45 Anne, c. 8, art. 24.5 48 Geo. III. c. 151.-6 11 Geo. IV. & 1 Wm. IV. c. 69.

The decrees of the admiral were liable to review in the Court of Session.' The cases formerly peculiar to this court may now be prosecuted in the Court of Session, or in that of the Sheriff, in the manner of ordinary civil causes.2 The jurisdictions of the inferior admiralties, not dependent on the High Court of Admiralty, were not abolished.3

Commissaries.-The jurisdiction of the Commissary Court has been gradually conjoined with that of the Court of Session. The commissaries represented the chancellors or judges of the bishops' ecclesiastical courts, and each continued attached to a district which was, with a few exceptions, commensurate with the episcopal diocese, until the year 1823, when the Sheriffs were appointed commissaries of their respective counties. The Supreme Commissary Court was held by the four commissaries of Edinburgh, who had jurisdiction in actions of divorce, declarators of marriage, or of nullity of marriage, &c.; while the jurisdiction of the others, who were termed inferior commissaries, was generally restricted to the execution of testaments.5 By the abovementioned act of 1830, all actions of declarator of marriage, or of nullity of marriage, or of legitimacy, or of bastardy, and actions of separation, were removed to the Court of Session, and the Commissary Court of Edinburgh was deprived of any jurisdiction which it possessed beyond that of the inferior commissariats, except the function of confirming testaments of persons dying out of Scotland. In 1836, this court was abolished, and its remaining powers vested in the Sheriff of Edinburgh.8

The Lord Justice General, the Lord Justice Clerk, and five other judges of the Court of Session, form the Court of Justiciary; and two of the judges are appointed to perform the functions of the Court of Exchequer.9 (See below, Chaps. III. and IV.)

SECT. 2.-Present Jurisdiction.

All cases of civil right, which admit of being decided in Scotland, may be brought before the Court of Session, with the exception of cases specially excepted by act of parliament, and of those involving a pecuniary claim not exceeding £25, which must be carried on, in the first instance, before an

3

1 E. i. 3, 34.-2 11 Geo. IV. & 1 Wm. IV. c. 69, § 21-28.— Ibid.— E. i. 5, 26, 28. 4 Geo. IV. c. 97.-5 E. i. 5, 29, 31.6 11 Geo. IV. & 1 Wm. IV. c. 69, § 33.-7 Ibid. § 31.- 86 & 7 Wm. IV. c. 41.-92 & 3 Vict. c. 36, §§ 2, 4.

inferior court. But all actions relative to Heritable property, or for Reduction of writs, or of Declarator, or for the restitution of minors, &c., and actions against foreigners not resident in this country, whatever may be the extent of the interest at stake, are competent only before the Court of Session;1 and causes in which members of the College of Justice are interested, however trivial, may be there tried, unless they be excepted by statute.

Court of Review.—The Court of Session acts as a tribunal of appeal against the proceedings of inferior jurisdictions. It cannot, however, review judgments which are interlocutory or intermediate, and not final, except in particular cases.3 It may, however, review the final decisions of all inferior civil courts, except where it is expressly excluded by statute.

Advocation. When a final judgment has been pronounced, and no farther steps taken, it is brought under the consideration of the Court by “ Advocation.” Leave to advocate was formerly obtained by presenting a Bill (see next section) containing a copy of the Summons or Petition on which the action commenced, and of the Defences or Answers, and the Interlocutors complained of. By the present practice, however, the bill is dispensed with, and the presentation of a Note, setting forth the remedy craved, is sufficient.5 Advocations, where the sum at issue does not exceed £12 sterling, are incompetent, except to members of the College of Justice,6 who may advocate a cause from any inferior civil court, on the simple ground of their privilege, unless it be excluded by statute, as in small debt cases.7

Suspension. When a decree has been pronounced and extracted, for the purpose of being enforced, the proper method of bringing the judgment before the Court of Session for review is by a Suspension, which now likewise proceeds on a Note. It must be presented in the Bill-chamber; a certificate of the presentment has the effect of an interim Sist, or suspension of proceedings.8

Reduction.—Where the decree has been put in force, or where it is of such a nature that it does not compel the party complaining of it to pay or perform any thing, it can only be brought before the Court of Session by a Reduction, which is a process in the form of an ordinary action.

Even in those cases in which its jurisdiction is excluded by statute, the Court of Session has the power of interfering,

1 D. P. 11.- Ibid. 5, 7.-3 50 Geo. III. c. 112, § 36.-6 Geo. IV. c. 120, 41. D. P. 276.-3 1 & 2 Viet, e. 86.— D. P. 277.— Ibid. 83.— $1 & 2 Vict. c. 86, § 4.—9 D. P. 283, 366.

to protect the citizen from arbitrary or unauthorized proceedings.1 On this principle, it assumes control over the proceedings of ecclesiastical courts whenever they affect the civil interests of individuals or of the public. It has a very limited jurisdiction in crimes, chiefly restricted to those -which occur in the course of and as connected with law proceedings. It has a jurisdiction in actions of damages, &c., arising from the commission of crimes. Actions against any member of a court-martial, or other person, for any act done in pursuance of the mutiny acts, must be raised before the Court of Session.5

Administrative Power.-The Court of Session possesses certain administrative powers, coming under the title of its nobile officium, which are of a more vague description, and in the times of arbitrary power were liable to serious abuse. In virtue of this authority, when a vacancy occurs in any office, the duties of which cannot be safely interrupted, the court generally appoints a person to hold it temporarily. Before the establishment of the Prison Board, when a jail was erected, the court declared it to be a legal prison.7 Of the same description is the power invariably exercised by the court of providing for the care of pupils, imbeciles, &c., not supplied with custodiers by the ordinary course of law.

Acts of Sederunt.-The Court is entitled to pass acts for the regulation of judicial proceedings. These are published from time to time, and are termed "Acts of Sederunt." In this duty, the court, of old, frequently took occasion to trespass on the province of the legislature. Some of the acts so passed have become law from general usage. It is now usual for an act of Parliament, which makes any considerable alteration on forms of procedure, to contain a clause, authorizing the court to pass acts of sederunt in pursuance of its provisions, for the more minute regulation of the practice as established by the statute, and directing copies of such acts to be laid before both Houses of Parliament.

SECT. 3.-Arrangement of Business in Ordinary Cases. It has already been mentioned that the court is partitioned into two Divisions, coequal in jurisdiction. It is likewise divided into an Outer and Inner House, the latter being a

1D. P. 15.-2 Ibid. 18. See the various actions in the Court of Session in relation to the Veto Act, as cited farther on.-3 Ibid. 21.- Ibid. 23. -57 & 8 Geo. IV. c 4, § 156. 9 & 10 Vict. c. 11, § 77. 1 & 2 Vict. c. 17, § 75.-6 D. P. 27. See below, Part III. Chap. I.—7 Ibid.

tribunal of appeal from the decision of the former. The Inner-House of each Division consists of four judges. In case of an equality of voices, or of the necessary absence of a judge of the Inner-House, one of the Outer-House judges may be called in to give his opinion and vote.1 In cases of great difficulty, the opinion of the whole court may be taken by either Division.2 No ordinary action can come before the Inner-House until it has previously been decided in the Outer. Some cases, however, on account of the extensive exercise of discretionary power involved in their decision, are brought in the first instance before the Inner-House, such as Ranking and sale, Aliment, &c. All summary applications, or petitions for redress in extraordinary cases, must likewise come immediately before the Inner-House, during session.3

Lords Ordinary.-The Outer-House consists of five Lords Ordinary, each of whom holds a separate court. Until the act of 1838, altering the arrangement of business in the Court of Session, there were two Ordinaries attached to each Division, while the judge who had been last appointed, called the Junior Lord Ordinary, superintended, as he still does, a distinct class of cases, and was connected with either Division indiscriminately. Each of the four senior Ordinaries was in his turn Lord Ordinary of the week, an Ordinary of the First and one of the Second Division taking the duty alternately. The Lord Ordinary for the week called the Outer-House roll, or the rolls of causes entered for the first time. The whole causes enrolled or brought into court for one week thus went into the hands of the Lord Ordinary of the week, and remained with him till they were decided. By the later arrangement, causes may be at any time enrolled before any one of the five Lords Ordinary, and these are not particularly attached to either Division.4 At the time of enrolling, a note is given, of the Ordinary before whom the party wishes the case to proceed, and of the Division to which he wishes it to belong in case it should be carried to the Inner-House.5 After such enrolment is made, the case continues with the same Ordinary, and all steps in it, such as debates, motions for lodging documents, &c., are transacted before him.

Bill-Chamber.-Besides his share of ordinary cases, the junior Lord Ordinary has distinct duties to perform, and

1 48 Geo. III. c. 151, § 8.-2 D. P. 37.-3 Ibid. 457.- 1 & 2 Vict. c. 118, §§ 3, 4.5 A. S. 24th December 1838, § 2.