macers shall be reduced, so that they shall not exceed the number of No. II. macers officiating exclusively in the court of session at the passing of 1 W. 4, c. 69. this act.

XIV. That the appointment of depute clerks and of assistant clerks Appointment of session shall be vested in his Majesty; and it is hereby provided, of depute clerks that during the necessary absence of any principal clerk of session it to be in his shall be competent for any depute clerk of session to discharge the Majesty. duties of such principal clerk.

XV. That no payment on account of the fee fund of the court of ses- Certain causes sion, nor any fee or demand by any clerk or officer of that court, shall to be exempted be exigible in respect of any step or proceeding in any cause which from the fee might not have been exigible if such cause had been brought into the fund. jury court previously to the passing of this act.

XVI. That all the provisions of the foresaid recited acts now in force, Provisions of in so far as not inconsistent with this act, shall be continued and remain above recited in force until altered or revoked by parliament, and that all rules and acts to remain regulations in observance in the jury court of the time of the union of in force where jury trial in civil causes with the administration of justice in the court not inconsistent of session, established and enforced by act of sederunt, shall continue with this act. and be observed as rules and regulations applicable to the court of session after such union, until the same shall be altered by acts of sederunt; and it is hereby provided, that the said court of session shall have full power and authority, by acts of sederunt, to make all regulations for duly adapting the forms previously observed in the jury court to the proceedings in the court of session, and afterwards to alter and amend such regulations when necessary: Provided always, That such regulations be not inconsistent with the provisions of this or any other

act of parliament now in force; and that all acts of sederunt authorized Acts of sedeby this act to be made shall be laid before parliament, if sitting, within runt to be laid fifteen days from the respective dates thereof, and if parliament be not before parliasitting, within fifteen days from and after the next meeting of parlia- ment.

ment.

XVII. That in the event of the death or resignation of the said lord No successors chief commissioner, or of any of the other lords commissioners of the to be appointed jury court, no successor shall be appointed to any such judge or judges to the present as commissioner of the jury court. jury court judges.

XVIII. That from and after the termination of the present existing Office of lord interest in the office of lord justice general, that office shall devolve justice general upon and remain united with the office of lord president of the court of to devolve on session, who shall perform the duties thereof as presiding judge in the lord president. court of justiciary; and that the salary attached to the office of lord justice general shall cease, and that the appointment of macers of the said court shall be vested in his Majesty.

XIX. That when the office of lord justice general shall have devolved In such case upon the lord president of the court of session, and when he shall deem lord president it expedient to be present at any circuit court, it shall be lawful for him to dispatch business in any to dispatch business in such court, whether any other judge or judges of circuit court the court of justiciary be or be not present; any thing contained in an notwithstandact of the parliament of Scotland, passed in the year one thousand six ing act of the hundred and seventy-two, intituled An Act concerning the Regulation of Scotch parliathe Judicatories, or in an act passed in the twentieth year of the reign of ment 1672, his Majesty king George the second, intituled An Act for taking away c. 40, or and abolishing the Heritable Jurisdictions in that Part of Great Britain 20 G. 2, c. 43. called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King's Courts and the Judges there, and for obliging all Persons acting as Procurators, Writers, or Agents in the Law in Scotland to take the Oaths, and for rendering the Union of the Kingdoms more complete, or in any other law or custom to the contrary notwithstanding.

XX. That when vacancies shall occur among the permanent lords Lords ordinary to be reduced

No. II.

ordinary of the court of session, whether by death, resignation, or 1 W. 4, c. 69. removal into one of the divisions of the inner house, such vacancies shall not be filled up until the number of permanent lords ordinary to five, and the shall be reduced to five, so that the total number of judges composing the court of session, including the lord president and the lord justice clerk, shall be limited to thirteen.

court to thir

teen.

Transference of

diction.

XXI. And whereas all maritime causes may now be brought by admiralty juris- review before the court of session, and many causes formerly heard and determined by the high court of admiralty are now remitted to the jury court: And whereas the court of justiciary holds a cumulative jurisdiction with the high court of admiralty as to all crimes competent to be tried by the high court of admiralty: And whereas it has become unnecessary and inexpedient to maintain any separate court for maritime or admiralty causes; be it therefore enacted, That the high court of admiralty be abolished, and that hereafter the court of session shall hold and exercise original jurisdiction in all maritime civil causes and proceedings of the same nature and extent in all respects as that held and exercised in regard to such causes by the high court of admiralty before the passing of this act; and all applications of a summary nature connected with such causes may be made to the lord ordinary on the bills: Provided always, That all such causes, not exceeding the value of twenty-five pounds sterling, shall be instituted and carried on in the first instance before an inferior court, in the manner directed and with the exceptions specified in an act of the parliament of Scotland, passed in the year sixteen hundred and seventy-two, intituled An Act concerning the Regulation of the Judicatories.

1672, c. 40.

Sheriffs to have jurisdiction in

maritime

causes.

Maritime

causes to be tried in same

manner as

other causes.

XXII. That the sheriff's of Scotland and their substitutes shall, within their respective sheriffdoms, including the navigable rivers, ports, harbours, creeks, shores, and anchoring grounds in or adjoining such sheriffdoms, hold and exercise original jurisdiction in all maritime causes and proceedings, civil and criminal, including such as may apply to persons residing furth of Scotland, of the same nature as that heretofore held and exercised by the high court of admiralty.

XXIII. That the finding of caution and using of arrestment heretofore observed in the high court of admiralty, and all regulations relative thereto, may be enforced in the foresaid courts respectively; and maritime causes may be heard and determined by the sheriff according to the same modes and rules which are applicable in the sheriff court to causes not maritime, including the mode prescribed in an act passed in the tenth year of the reign of his late Majesty king George the fourth, 10 G. 4, c. 55. intituled An Act for the more effectual Recovery of Small Debts, and for diminishing the Expences of Litigation in Causes of small Amount, in the Sheriff Courts in Scotland; and the sentences, interlocutors, and decrees pronounced by sheriffs in maritime causes shall be subject to review by the courts of session and justiciary respectively, in the same way and manner in which sentences, interlocutors, and decrees of sheriffs in similar causes not maritime are subject to review at present, and not otherwise Provided always, That it shall not be competent to the sheriff to try any crime committed on the seas of a nature which it would not be competent for that judge to try if the crime had been committed on land.

Provision

XXIV. That where counties are separated from each other by a river, when counties or by a firth or estuary, the sheriffs of the counties adjoining to the are separated sides thereof shall have a cumulative jurisdiction over the whole interby water. vening space so occupied by water: Provided always, That the pursuer of all civil causes shall, where such cumulative jurisdiction applies, bring the cause before the sheriff of that county within which the defender may reside; and it is provided, that where there are several defenders in the same cause, residing in different counties, the same rules shall apply in regard to the citation of the whole of such defenders before the same sheriff court, which are observed in similar circumstances with respect to causes not maritime; and it is provided farther,

No. II.

that sheriffs shall respectively have power to remit such causes from their own court to that of another sheriff ob Contingentiam, or for other 1 W. 4, c. 69. sufficient cause.

XXV. That from and after the commencement of this act, the office Office of judge of the judge admiral shall be and the same is hereby abolished, as also admiral abothe offices of all clerks and officers belonging to that court; and it is lished. hereby provided, that all actions and proceedings which shall be de- Provision for pending on the said fifth day of October before the high court of admiralty depending shall be transferred to the sheriff of any court wherein such action and actions. proceeding might have originated if this act had been passed previously to the commencement of such actions or proceedings, and the same shall thereupon be heard and determined in the same manner as if they had been brought before such sheriff in the first instance; and as soon as conveniently may be after the said fifth day of October, the processes in all such depending actions shall be transmitted accordingly to such sheriff by the clerk of the high court of admiralty, together with an inventory made by the said clerk, to the accuracy whereof he shall make oath if required: Provided always, That if any doubt shall arise touching the transmission of any such process, it shall be competent to the clerk of the high court of admiralty, or to any party in any such cause, to apply to the lord ordinary on the bills, who shall give directions thereupon, and whose directions shall be final; and provided also, that when the parties to any such cause shall, previously to such transmission, give in a joint note to the said clerk, setting forth their wish that such cause should proceed in the court of session instead of being so transferred to the sheriff, and shall therein specify the lord ordinary by whom they are desirous that such cause should be decided, the clerk of the high court of admiralty shall thereupon transmit the process, together with the said note, to one of the principal clerks of session, and such cause shall be inrolled before such lord ordinary, and shall thereafter be heard and determined in the same way as if such cause had been instituted in the court of session in terms of this act.

XXVI. That as soon as conveniently may be after the fifth day of Provision as to October next after the passing of this act, all other processes, records, other processes. and warrants of decrees, together with an inventory thereof made by the admiralty clerk, which he is hereby required to make, and to make oath

to the accuracy thereof if required, shall be transmitted to the general register house at Edinburgh.

XXVII. That the sheriff clerks of the several counties of Scotland Sheriff clerks shall respectively act as clerks to the sheriffs in maritime causes: Pro- to act as clerks vided always, That neither that officer, nor any other person appointed to sheriffs in maritime to any office, or acquiring right to any fees or emoluments in virtue of causes. the provisions of this act, shall be entitled to prefer any claim to compensation in consequence of the subsequent abolition of such office or fees, or of any alteration therein.

court.

XXVIII. That it shall and may be lawful for all persons entitled, be- Procurators fore the passing of this act, to conduct causes as procurators before the in admiralty high court of admiralty in Scotland, and all such persons are hereby authorized, during their respective lives, to conduct, as agents before the court of session, all or any causes and proceedings whatsoever which are or may be competently heard and determined in that court. XXIX. That all inferior admiralty jurisdiction, not dependent upon As to inferior the high court of admiralty, shall continue as heretofore, but the judg- admiralty jurisments of such courts shall be subject to review solely in the courts of session and justiciary respectively: Provided always, that nothing herein contained shall extend or be construed to extend to lessen or take away any salary or allowance now payable to the sheriff substitute of the district of the town of Leith by the commissioners of police of the said town, but the same shall continue to be paid as heretofore.

diction.

XXX. That so much of an act passed in the fourth year of the reign of Each of the his late Majesty king George the fourth, intituled An Act for the Regu- sheriffdoms of lation of the Court of the Commissaries of Edinburgh, and for altering and Edinburgh,

No. II.

Haddington,

regulating the Jurisdiction of inferior Commissaries in Scotland, as pro1 W. 4, c. 69. vides that the sheriffdoms of Edinburgh, Haddington, and Linlithgow shall be the commissariot of Edinburgh, be repealed; and that the commissariot of Edinburgh shall comprehend only the sheriffdom of Edinburgh; and it is hereby provided, that the sheriffdoms of Haddington and gow to consti- Linlithgow shall each constitute a commissariot, and that the whole tute a commis- other provisions of the said recited act shall apply to the said sheriffdoms of Haddington and Linlithgow in the same way in all respects as the same apply to the other sheriffdoms of Scotland where the sheriff is commissary.

and Linlith

sariot.

Jurisdiction of commissary court of Edinburgh restricted.

Actions of aliment. Consistorial

actions to be

XXXI. That the commissary court of Edinburgh shall possess and exercise the same and no other jurisdiction in the sheriffdom of Edinburgh than that possessed and exercised by sheriffs being commissaries in other sheriffdoms of Scotland; and that any jurisdiction of a more extensive nature heretofore possessed or exercised by the commissary court of Edinburgh shall entirely cease, save and except such as may regard the granting of confirmation of testaments of persons dying furth of Scotland, having personal property in Scotland, which jurisdiction is hereby reserved to the said court.

XXXII. That actions of aliment may be instituted, heard, and determined in any sheriff court of Scotland.

XXXIII. That all actions of declarator of marriage, and of nullity of marriage, and all actions of declarator of legitimacy and of bastardy, and instituted in the all actions of divorce, and all actions of separation a mensa et thoro, shall be competent to be brought and insisted on only before the court of session.

court of ses

sion.

Transmission of consistorial processes.

Regulation as

to causes transmitted.

Regulations in regard to consistorial ac

tions.

As to trial of

XXXIV. That all such actions which shall be depending before the commissary court at the commencement of this act, shall be transmitted to the lord president of the court of session: Provided always, that where a proof shall have been allowed by the said court of the commissaries previously to the commencement of this act, such proof shall be concluded before such action shall be transmitted as herein directed.

XXXV. That the lord president shall remit all causes so transmitted to such lord ordinary as he may think fit for preparation and judgment; and the judgments of the lords ordinary, in these and in all other actions of the same description instituted in the court of session, shall be subject to the review of the division of the court to which the lord ordinary may belong, in the same way as in other civil causes.

XXXVI. That the lord ordinary shall in all actions of divorce administer the usual oath of calumny to the pursuer; and no decree or judgment in favour of the pursuer shall be pronounced in any of the consistorial actions herein-before enumerated, whether appearance shall or shall not be made for the defendant, until the grounds of action shall be substantiated by sufficient evidence.

XXXVII. That such causes shall not be appropriate to trial by jury, such causes by but it shall be competent to either division of the court of session, or to jury. a lord ordinary after advising with the division of the court to which he belongs, to direct that any such cause, or any issue or issues of fact connected therewith, be tried by jury; and it is hereby provided, that in the swearing of witnesses in consistorial causes, the same oath shall be administered that is in use in the other courts of justice in Scotland.

Regulations as to proofs.

Incorporated solicitors of Edinburgh may conduct causes before

the court of ession.

XXXVIII. That when a proof in any such cause shall be directed to be taken by commission, the remit to take such proof shall be made to the commissary court of Edinburgh, which court, or any judge thereof, shall take such proofs accordingly, and no judge thereof shall receive any additional remuneration on that account.

XXXIX. That it shall and may be lawful for the incorporated solicitors practising before the consistorial court of Edinburgh previous to the passing of this act, and they and each of them are and is hereby authorized and empowered, during their respective lives, to conduct, as agent or agents before the court of session, all or any causes.or proceedings, such as have heretofore been carried on before the court of the

commissaries of Edinburgh, which may hereafter be proceeded in, heard, or determined before the court of session.

No. II.

1 W. 4, c. 69.

XL. That summonses in maritime and consistorial causes instituted in the court of session shall be signed by one of the principal or depute Agency fees, clerks of session, and it shall not be necessary that any such summons &c. should pass the signet, or require any concurrence for the public interest; and it is provided, that for conducting such causes in the court of session no agent shall be entitled to a higher rate of charge for any part of such duty than such as would have been legally exigible for the same duty in the high court of admiralty, or in the court of the commissaries of Edinburgh respectively, before the passing of this act; and no fee or demand on account of the fee fund of the court of session, or on account of any clerk or officer in that court, shall be due or exigible in any such cause.

XLI. That when vacancies occur in the offices of the judges of Offices of the the commissary court of Edinburgh, such vacancies shall not be filled commissaries up, and as soon as vacancies shall occur in the whole of such offices, abolished. the said court shall be entirely abolished, and the whole powers and jurisdiction, as then competent to the said court, shall thereupon be transferred to the sheriff of the county of Edinburgh, who shall exercise such jurisdiction in all respects, and the provisions of the before-recited act, passed in the fourth year of the reign of his late Majesty king George the fourth, shall apply to the sheriffdom of Edinburgh, in the same way as such provisions apply to the other sheriffdoms of Scotland; and it is provided, that when, in consequence of vacancies in the said offices, the number of the commissaries of Edinburgh shall be reduced to one, it shall be lawful for his Majesty's principal secretary of state for the home department to appoint, from time to time, such number of persons, being sheriffs depute of counties, as he shall think fit, to take proofs in consistorial causes, which duty the persons so appointed shall perform, but without prejudice to the said remaining commissary also performing the same; and the said persons shall not receive any remuneration on account of such duty from any party in any such cause.

XLII. That as vacancies shall occur in the office of baron of the court Two barons of of exchequer in Scotland, the same shall not be filled up until the num- the court of ber of such barons shall be reduced, so that the said court shall consist exchequer to only of the lord chief baron and of one baron of exchequer; and it is be reduced. hereby provided, that it shall be competent to these judges, and to either of them, in the absence of the other, to exercise the whole jurisdiction and powers of the court of exchequer, any law or practice to the con. trary notwithstanding: Provided always, that after the number of the judges shall be so reduced, it shall be competent to the said court, when deemed expedient, to require of the lord president of the court of session that one judge of that court shall be directed to attend the court of exchequer; and on receiving such requisition, one of the ordinary judges of the court of session shall attend the said court of exchequer, and shall have voice and vote in all matters then to be brought before the said court, in the same way in all respects as if such judge were a baron of the court of exchequer.

XLIII. That the lord chief commissioner and the other lords com- Judges of jury missioners of the jury court, and the judge of the high court of admi- court and adralty in Scotland, shall, notwithstanding the abolition of these several miralty to concourts, continue to receive, during their respective lives, the salaries tinue to receive payable to them at the time of the passing of this act.

their salaries.

XLIV. That the several sums of seven thousand pounds, two thou- Certain paysand four hundred pounds, and one thousand two hundred pounds, ments on acauthorized by the before recited acts to be annually paid on account of count of jury the jury court, shall cease, save and except so much thereof as shall be courts to cease. certified by the lord president of the court of session to be requisite to be applied in defraying the expences attending the circuits of such of the judges of the court of session as are not judges of the court of justiciary, and of clerks and macers, the application of which sum shall be