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their offices during good behaviour, and are appointed by the Crown from among the members of the bar; they each receive £2000 per annum, and such of them as are also judges in the justiciary (or criminal) court, have an additional salary of £500. Since the year 1808, the Court of Session has consisted of two chambers of equal and independent authority, which are respectively known as the first and second divisions of the court, though originally the tribunal consisted of but one chamber. In addition to this, there is an expedient by which causes may be tried twice; viz. in the first instance before
single judge, and in the second before a bench of four. The quadruple court is styled “the Inner House,” and includes the judges of both the first and second divisions; while those Lords who sit singly form what is termed “the Outer House,” and these latter judges are attached equally to both divisions of the court. The Lord President is the head of the whole court, and sits with three judges in the first division of the Inner House ; the Lord Justice Clerk presides over the second division of the Inner House, where also three judges sit, and he is likewise the acting head of the supreme criminal court. The Outer House judges are frequently termed Permanent Lords Ordinary ; but this title might with equal propriety be applied to any of the Inner House judges, except the presidents. The judges, counsel, and agents, with the officers of the court, form col. lectively“ the College of Justice," and the first mentioned functionaries are occasionally described as " Senators of the College of Justice.”
The President of the Court of Session has a salary
ing the legal functionaries in England; the more especially, when it is remembered that the Scottish judges have, for the last three centuries, enjoyed titular distinction, which bears many of the external characters of a peerage, and is frequently mistaker for hereditary nobility.
Toe; viz. i and in the quadruple includes the divisions ; rhat is termen adges are atta
civil cor The Court of Session is the supreme of Scotland, and received its name and constitut under a statute of James V., passed in 1532. duties now performed by this tribunal were exec by parliamentary committees previous to the 1532; but even till the period of the Revolution condition of this court was extremely defectiv its decisions liable to many external influences number of judges was formerly fifteen, but only thirteen. They are styled Lords OF and immediately on their appointment are habit of assuming a title derived either fourt. The I own surnames or their estates ; the latter is general practice : thus we have Alexander of the Inner chie, Lord Meadowbank, John Hay For Medwyn, &c. This title, being universalls also three jy and conceded to, the judges of the Court & head of the has frequently given rise to misconcepouse judges ar Englishmen who were unacquainted with tice, and who mistook for a peerage this tinction. It is, however, purely official
used in the inh th racter, though it i ordinary society
e, and it to cease wi
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their offices during good behaviour, and are appointed by the Crown from among the members of the bar; they each receive £2000 per annum, and such of them as are also judges in the justiciary (or criminal) court, have an additional salary of £500. Since the year 1808, the Court of Session has conisted of two chambers of equal and independent thority, which are respectively known as the first
i second divisions of the court, though originally
be tried twice; viz. in the first instance before
and includes the judges of both the first Efecond divisions; while those Lords who sit
em what is termed “ the Outer House," and ter judges are attached equally to both divi
the court. The Lord President is the head le court, and sits with three judges in the on of the Inner House ; the Lord Justice edes over the second division of the Inner ese also three judges sit, and he is likeHouse judges are frequently termed Per
Srds Ordinary; but this title might with
pt the presi with the c
of £4400 per annum, and the Lord Justice Clerk has £4000 a year.
There is no distinction drawn between law and equity, either in the institution of the suits, or in the forms by which these are brought to decision. In addition to the jurisdiction previously enjoyed by the Court of Session, Admiralty causes and consistorial cases were added in 1830, on the abolition of the courts to which those proceedings had been formerly confined. In 1832 the Court of Exchequer was likewise abolished, and the whole business which came before it is now discharged by two judges of the Court of Session sitting in rotation as Barons of the Exchequer.
The persons practising before the Court of Ses. sion are not called barristers, but form a body which is styled the “Faculty of Advocates," and these elect a president—the Dean of Faculty; the latter, together with the Lord Advocate and the Solicitor General, are the only persons enjoying pre-audience in the courts, otherwise than as the result of seniority at the bar.
The trial of civil causes by jury had been disused in Scotland since the institution of the Court of Ses. sion ; but the system was revived in 1815, and a separate court was constructed, where the system having been fully organized, the whole was transferred, in 1830, to the Court of Session, for the purpose of making trial by jury a constituent portion of the modes of procedure in that tribunal. This having been effected, suitors are at liberty to submit their cause to decision by a jury in the Court of Session, without the separate machinery of a distinct court.
The term Lords Ordinary, previously referred to, expressed a distinction between those functionaries and the Extraordinary Lords of Session. The latter were Lords of Parliament, appointed by the Crown to sit and vote in court along with the permanent judges. This manifest impropriety was abolished by an act passed in the tenth of George II.'s reign.
The Court of JUSTICIARY is the supreme criminal court in Scotland, was instituted in 1672, and consists of six judges, who are also judges of the Court of Session. Its President was formerly the Lord Justice General, but this office was usually held as a sinecure by some distinguished noble, while the Lord Justice Clerk was its acting head. On the death of the Duke of Montrose, however, in 1837, the duties were annexed to the office of Lord President of the Court of Session. Trials are conducted before a jury of fifteen ; the witnesses do not hear each other's testimony, and two witnesses (or one with strong circumstantial evidence) are necessary in every case. The verdicts are of three kinds; viz. guilty, not guilty, and not proven. Not guilty indicates a belief of innocence, while not proven implies a certain degree of suspicion ; but either is conclusive in relieving the prisoner from further prosecution.
The following then is the constitution of the Scottish Courts :
COURT OF SESSION.
Inner House : First Division, containing the Lord President and three
other judges. Second Division, including the Lord Justice Clerk and
three other judges.