656 



SCOTLAND. 



Statistics, borough is named, of course, in the commission of the 



Statistic*. 



Judicial 

 Establish- 

 ments. 

 Courts of 

 Boroughs 

 of Barony 



Iit 7 



Baron 



Coons'. 



Lyon 

 Court. 



peace. 



Boroughs of Barony and Regality are towns under 

 the feudal superiority of a baron or overlord, but 

 erected by the king, sometimes, but not always, with 

 power to choose their own magistrates, which power is 

 in others vested in the superior. The superiors, before 

 and Rega. t j )e jurisdiction act, but not since, exercised a cumula- 

 tive jurisdiction with the magistrates of these boroughs. 

 This act, however, reserved their jurisdiction to the 

 boroughs of barony and regality. The powers of the 

 courts of these boroughs is nearly the same as that of 

 the courts of boroughs royal. By 35 Geo. III. c. 122, 

 the king is empowered to erect free and independent 

 boroughs of barony on the sea coast, for encouraging 

 the fisheries ; to the magistrates of which the powers 

 of justices of the peace only are given. 



Some proprietors of landed estates erected into 

 what is called liberam baroniam, keep up the forma- 

 lity for it is little more a/id rarely used of holding 

 a court, by a deputy called the baron-bailie, for de- 

 termining disputes among the tenants and neighbours 

 not exceeding forty shillings in value ; or in questions as 

 to the rents of the lands or multures to the mills. These 

 very inferior courts were put upon their present harm- 

 less footing by the jurisdiction act. (20 Geo. II.) 



The Lyon king at arms is an inferior judge. His 

 name is derived from the lion on the armorial bearing, 

 of the Scottish kings. His powers are " to visit the 

 arms and ensigns armorial of all persons; to give pro- 

 per arms to deserving persons, and to fine all who use 

 arms not matriculated, and confiscate to the king the 

 articles on which these are painted or engraved." The 

 Lyon's most important powers consist in the appoint- 

 ment and suspension of heralds, pursuivants, and mes- 

 sengers at arms. The Court of Session also suspend 

 the office of messenger, by act of sederunt 4th Novem- 

 ber 1738. Anciently the Lyon carried public messages 

 to foreign states ; and he still publishes, in state with 

 his attendants, the King's proclamations. 



Magistrates to preserve the public peace were ap- 

 pointed by the Romans. Irenarcha was the name of 

 these officers. Justices of peace were appointed in Eng- 

 land in the second year of Edward III. but not in 

 Scotland till 16C9, c. 7. Since which their powers 

 and duties have been varied and modified by statutes 

 both Scottish and British. Their original appointment 

 was for the purpose of binding over disorderly persons 

 for appearance before the justiciary or privy council. 

 Subsequently power was given them to judge .in riots 

 and breaches of the peace, to oversee the repair of 

 highways, and execute the laws against beggars, va- 

 grants, swearers, drunkards, and other disorderly per- 

 sons. They are now, besides these powers, competent 

 to questions of servants' wages, aliment of natural 

 children, medilatio fugpe warrants, and imprisonment 

 of debtors so apprehended till they find security de 

 judicio sisti. All questions of highways, toll-bars, 

 bridges, ferries, are appropriated to them. One large 

 department of their jurisdiction is in executing the ex- 

 cise and customs laws against smugglers, &c. They 

 have no longer the power to fix artificers and labour- 

 ers wages. (53 Geo. III. c. 40.) 



By 35 Geo III. c. 123, the small debt act, the most 

 important jurisdiction of the justices was established, 

 in all questions of debt not exceeding forty pounds 

 Scots. The experiment succeeding, the small debt 

 jurisdiction of the justices was rendered perpetual by 

 39 and 40 Geo. Ill, c. 46, and the sum extended to 5, 



Judicial 

 Estab'ish- 



ments. 



Justices of 

 Peace. 



Small Debt 

 Court. 



Commis- 

 sioners of 

 Supply. 





sterling. These courts are held weekly, once a fort- 

 night, or once a month, as required. The statute is 

 precise as to fees, which are very moderate ; and all 

 procurators and written pleadings are excluded, so 

 that the parties, or a member of their family, must 

 appear and conduct their own causes. The judg- 

 ments are final, if not challenged within a year by 

 reduction on the head of iniquity or oppression ; 

 the reducer finding surety for such expences as may 

 be awarded against him. In all other branches of their 

 civil jurisdiction, the sentences of the justices are sub- 

 ject to the review of the Court of Session or circuit 

 Court of Justiciary. There is an appeal to the quarter 

 sessions from the judgments of the ordinary justices. 

 The quarter sessions are the meetings of the justices of 

 a whole county, appointed to be held four times a year. 

 The Commissioners of supply are appointed by Par- 

 liament, in their acts of supply, to levy the land tax in 

 Scotland. They determine differences as to propor- 

 tions of land tax between the seller and purchaser of 

 lands, and are competent to all disputes about assess- 

 ment, subject however to the review of the Court of 

 Session. 



SECT. II. Criminal Jurisdictions. 



The High Court of Justiciary is the supreme juris- Criminal 

 diction in Scotland for the trial of crimes. It consists J urisaic - 

 ef six judges, who are also Lords of Session, the *" 

 Lord Justice Clerk presiding. It has a nominal head, 

 called the Lord Justice General, who however never 

 presides. Of the court sitting in Edinburgh, three are 

 a quorum. On the circuits two judges travel together, 

 but one can sit alone. Scotland is divided into three 

 circuits, the north, west, and south ; each circuit hav- 

 ing three districts of several counties each, the circuit 

 town of the district being the county town of one of 

 the shires of the district. The north circuit towns are 

 Perth, Inverness, and Aberdeen ; the west are Glas- 

 gow, Stirling, and Inverary ; and the south are Jed- 

 burgh, Dumfries, and Ayr. This court is competent 

 to the trial of all crimes, including high treason; though 

 this last is generally tried by a commission of oyer andOyei and 

 terminer appointed by the Crown. As a court of re- terminer. 

 view in criminal matters, the proceedings of all infe- 

 rior criminal judicatories, including the Court of Ad- 

 miralty, are subject to it. The circuit courts can re- 

 view the sentences of all inferior courts, which infer 

 " neither death nor demembration." There is, how- 

 ever, no appeal from the Court of Justiciary to the 

 House of Lords, or to any other tribunal. 



The trials in this court are and have long been by ju- Th jury. 

 ry. The jury's number isjff'leen, and a majority decide 

 the verdict. By 6 'Geo. IV. c. 22, power has been gi. 

 ven to juries to pronounce viva voce verdicts, even 

 when not unanimous, instead of the old method, of 

 written verdicts sealed up ; which last, however, the 

 court may still direct. After much discussion in Parlia- 

 ment and in the country on the mode of returning and 

 choosing juries, the same statute has enacted that the 

 sheriffs shall make lists of qualified persons in their 

 counties, and keep a book for general, and another for 

 special juries as qualified by 55 Oeo. III. 42. From 

 these books lists are to be made out by regular rota- 

 tion, one-third being special, from which lists the ju- 

 ries to try the causes are to be chosen by ballot in 

 court. In criminal trials a right is given to each party 

 to challenge five jurors, but only two of them special, 

 without assigning any reason; and any others on 

 cause shown. 



