652 



SCOTLAND. 



Statistics, carried on by those who have a great command of ca- 



v " -Y*" </ pital. Government, however, has afforded consider- 



Commerce able encouragement to the adventurers, by allowing 



and manu- large bounties ; but the national advantages derived 



factures. from it, as a nursery for seamen, and as a substantial 



source of wealth to the country, greatly overbalance 



any public sacrifice that has been hitherto made for its 



protection and encouragement. 



The profitable nature of this fishery may be illustra- 

 ted by a single instance. During the last seven years, 

 the four whale ships belonging to Aberdeen have 

 caught 248 whales, which produced 3396 tuns of oil, 

 and 150 tons of whalebone. These may be estimated 

 at 140,000 Sterling in value, or 20,000 a-year. 

 The whale fishery of Peterhead, in 1813, produced 

 40,000. 



Shell-fish. 5. Sfiett-Jish. The lobster fishery is carried on to 

 some extent, principally during the spring months. 

 Immense numbers of this species offish are to be found 

 along the rocky coasts of Scotland, the Hebrides, Ork- 

 ney, and Shetland. One fishing in Shetland, it is said, 

 produces about 15,000 worth of this fish annually, 

 which are sent to the London market, where they fetch 

 a high price. 



Under the same head may be included crabs, oys- 

 ters, cockles, and other kinds of shell-fish. They form 

 an object of some importance to the inhabitants of Scot- 

 land ; and are not only accounted delicacies by the 

 rich, but in particular situations they are found in such 

 abundance, as to constitute a part of the subsistence of 

 the inhabitants. See our article FISHERIES, Vol. IX. 

 p. 362, 363. 



In their present state, the fisheries of Scotland, taken 

 in aggregate, are of considerable moment. The follow- 

 ing Table will furnish some idea of their amount: 



1, The salmon fishery, and other fish in lakes 



and rivers , 150,000 



2, The white fishery, including cod, ling, 



haddock, &c. and various kinds of flat 



fish, 400,000 



3, The herring fishery . . . 500,000 



4, The whale and seal fishery , . 200,000 



5, Shell-fish ^ 50,000 



Statistics!. 



Deduct from this the value of the whale 

 and seal fisherv . 



\, 300,000 

 200,000 



And there remains the value offish for food 1,100,000 

 The Scottish fisheries,, including the whale fishery, 

 are calculated to furnish the means of subsistence to 

 128,561 souls, including ship and boat carpenters, &c. 



CHAP. V. 



ON THE JUDICIAL ESTABLISHMENTS OP SCOTLAND. 



Judicial IN the article LAW we gave a very brief account of 



Establish- some of the courts of law in Scotland, Since that 

 menu. article was written, the course of experimental refor- 

 mation, which commenced about twenty years ago, 

 has proceeded, and a statute of last session of parlia- 

 ment,* has introduced changes of so essential a cha- 

 racter, that we find it necessary to resume the subject, 

 and record a fuller and more systematical description 



of our judicial institutions, down to the latest improve- 

 ments. 



The judicial establishments or jurisdictions of Scot- 

 land, are CIVIL, CRIMINAL, and ECCLESIASTICAL, the 

 last of which will form the subject of a separate chapter. 



SECT. I. Civil Jurisdictions. 



The civil jurisdictions are Supreme and Inferior. Civil juris- 

 The Supreme Courts are, the Court of Session, the Jury dictions. 

 Court, and the Court of Exchequer. The Inferior Courts 

 now existing are, the Admiralty, Commissary, Sheriff", 

 Burgh Royal, Burgh of Regality and Barony, Baron, 

 Lyon, Justice of Peace, and Commissioners of Supply 

 Courts. The Admiralty and Commissary Courts are 

 also supreme in a certain sense, but are generally class- 

 ed with the inferior courts,, because their sentences are 

 subject to the review of the Court of Session. The 

 presbyteries have also civil jurisdiction in regard to 

 schoolmasters, and as to manses and glebes. 



The Court of Session is the highest civil judicatory. Court of 

 It was established in the place of two other courts, Session, 

 the Daily Council and the Session, by the statute 1537, 

 c. 36. t under the name of the Council and Session. 

 James V. dignified it with the name of the College of 

 Justice, and the Judges with that of Senators oj'the 

 College of Justice. The Judges are now, as they were 

 at first, Jijteen in number, including their president ; 

 and are all named by the king. Seven were church- 

 men till 1640, c. 26 ; and although that act, as a usur- 

 pation act, fell under the general repeal at the Restora- 

 tion, its spirit has been followed, and no churchman 

 has since sat upon the bench. The court continued 

 to sit in one chamber till 1808, when it was divided 

 into two, called the First and Second Divisions, the 

 Lord President and seven Judges constituting the 

 first, and the Lord Justice Clerk, (the head of the 

 Court of Justiciary) with six Judges, constituting the 

 second. These divisions have independent, but co- 

 ordinate jurisdiction, and are often called to consult 

 together as the entire Court of Session. 



The powers of the Court of Session are very exten- 

 sive. Its original jurisdiction extends to all matters 

 of civil right not under the value of 25, with the 

 exception of maritime and consistorial cases, brieves, 

 and some others, to be noticed in the sequel ; and it 

 powers of review, by advocatitm, suspension, or re- 

 duction, have no limits, but embrace the decreets of 

 all inferior judges whatsoever, including the Judge 

 Admiral and Commissaries. While its jurisdiction is 

 cumulative generally with that of all other civil courts, it 

 is privative or exclusive in all competitions of heritable 

 rights, reductions and proving the tenor of deeds, 

 mercantile bankruptcy, cessio bonorum, judicial sale, 

 restitution of minors, complaints of irregularities in 

 the election of burgh magistrates and members of par- 

 liament, &c. The Court of Session is likewise a court 

 of equity, proceeding not on fixed equity law as in 

 England, but on the rules of conscience, giving aid 

 in the actions brought before them, when there is no 

 remedy in law. It has a yet greater arbitrary power, 

 though now much more sparingly used than anciently, 

 when precedent was less extended and legal principle 

 less settled ; this is termed its nobile officium, and 

 was used to remedy all contingent public wrongs, so 

 far as even to interfere in market prices. The power 



6 Geo. IV. c. 120. 



t Some lawyers say 1532 is the proper date, but it is 1537 in the printed acts* 



