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law except cases inferring loss of life or dismembration and with the whole field of civil law without any exception withdrawn altogether out of the cognizance of the House of Lords: This [...?]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.