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Elucidations to Table VII. Jurisdiction Table
Elucidations to Table VII. Jurisdiction Table. 3. Scotch Scales

(c) Sheriff Depute's Substitutes Court

The fact that when a suit is instituted in the judicatory of a Sheriff Deputye's, substitute, appeal his and is frequently presented to the judicatory of the principal, the Sheriff Depute, is taken from Mr. Fergusson's pamphlet intitled Observations upon the proposed Reform etc.[?] Edinburgh 1807, p. 89: in Erskine's Principles no mention of it is to be found.

(d) Justitiary Court

In these instances the Appeal to the Justitiary Court is given by Lord Hardwicke's Constable[?] Jurisdiction Act 20 G.2.c.43: in which by [...?] the decision of the Justiciary Court is declared to be " final". Though in this scale the stage constituted by the House of Lords is wanting, it is here [...?], in respect of the contrast it forms with all the other Scottish Scales.

Here is a mass of causes [...?] with the whole field of criminal law except cases inferring loss of life or dismembration and with the whole field of civil law without any exception withdrawn altogether out of the cognizance of the House of Lords: This [...?] [...?] judicatory having controul over all decisions of the Court of Session, and not having any such controul over any decisions of the Judicatory Court, thus it is that in process of time, especially in so far as it is spun out in the form of jurisprudential law, the rule of action may on any and every head be split into these rules repugnant to each other.
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  • Title: [24 Dec r 1807 Jurisdiction Table Table]
    Description: 24 Dec r 1807

    Jurisdiction Table Table VII

    Notes

    '.III. Ultimate Appeal, whither?

    In point of fact, in Scotch causes, the ultimate imposed judicatory is, in every instance, the House of Lords: so likewise in English causes, in all but a very small proportion of the number of causes individually considered. But in English causes, in this and that corner of the field of judication, the ultimate judicature is in the King, and so in Irish causes. In point of utility, in this anomaly and complication, is there, in the whole and in each several part of it, any adequate use? See Further on, '.VI.
  • Title: [15 Feb y 1808 IV. Appeal vice Sufficient]
    Description: 15 Feb y 1808

    IV. Appeal vice Sufficient

    In the Court of Justiciary, sitting or rather riding on the Circuit - one of [...?] ambulatory judicatories in /out of/ which justice is scattered among suitors as /decisions are thrown out of the window like/ half time [...?] beggars as the great man is travelling past[?], those factitious delays are not made, forasmuch as for want of time and [...?] it is impossible they should be made.

    If in the mode /course/ of Appeal pursued in the Bill Chamber there be any thing really conducive to any of the purposes of justice, the House unprovided as it is destitute as it is of a Bill Chamber, is an imperfect edifice, and a manufactory of delay, under that name and for that purpose a manufactory of delay ought to be added with all speed[?].

    In the appellate jurisdiction given of the Court of Justiciary, the want /imperfection/ of a Bill Chamber may stand excused by the precipitation attached to ambulatory judicature, and abound for in some measure by extending to the /the extension given of/ faculty of appeal to suits which otherwise would have remained inevitably /unavowedly/ destitute of that advantage.

    But the House of Lords not being upon wheels the want of a Bill Chamber attracted to that imperial judicatory can no otherwise be defended than by suppozing and assuming what will be found to be the truth, that the circumstances whereby the mode of procedure pursued in the Edinburgh Bill Chamber differ in this respect from the mode pursued in the superior appellate judicatory compose all together a mass of pure evil opposite to the several ends of justice.
  • Title: [Elucidation to Table VII. Jurisdiction Table]
    Description: Elucidation to Table VII. Jurisdiction Table. 3. Scotch Scales

    (b) Session Bill Chamber

    Of the several scales of jurisdiction included in the judicial establishment of Scotland those in which the Bill Chamber constitutes one of the stages differ from the English scales of jurisdiction in this, viz. that in an English scale the suit never travels from a lower to a higher stage unless conveyed [...?] by Appeal: whereas in these[?] Scottish scales though[?] in the manner represented in the Table it is conveyed upward, by Appeal, it also feeds its way into the same superordinate justicatory without Appeal, and of course. If the decision given in the Bill Chamber be not appealed from, the suit in its natural and shortest course, goes without any appeal upwards into the Lower House, then down to one/an[?] [...?] House then up again into the Lower House: if it be appealed from, it still takes the same course, unless thrown out, it is terminated, as may be, either out[?] from the Bill Chamber, or from the Lower House, it still may be by a decision of the Lower House. The above [...?] takes the same course

    (a) Scales of jurisdiction

    What concerns the proceedings in the Bill Chamber is taken from [...?] Form of Process etc 8[?] Edinburgh [?] and other Bills System of Forms of Deeds[?] 8[?] Edinburgh 1804 Vol. VI.

    (a) (being Scottish) unless when otherwise mentioned,

    The information contained in this division of the Table is taken from Erskines Principles of the Law of Scotland, 8vo Edinburgh, 1791. 7th Edition. B.i. Title 2,3,4,5,6.

    /The difference is real in this one case it goes without argument, in the other case for the purpose of argument, carrying with it of course the delay vexation and expense attached to argument./