Court of Session Act 1839

JurisdictionUK Non-devolved
Citation1839 c. 36
Anno Regni VICTORI, Britanniarum Regin,Secundo. An Act to regulate the Duties to be performed by the Judges in the Supreme Courts ofScotland, and to increase the Salaries of certain of the said Judges.

(2 & 3 Vict.) C A P. XXXVI.

[29th July 1839]

'WHEREAS an Act was passed in the First Year of the Reign of His late Majesty KingWilliam the Fourth, intituled Scotland, by which the Jury Court and the Admiralty and Commissary Courts were abolished, and the Jurisdiction and Duties of the said Courts were transferred to the Court of Session, whereof the Number of Judges was reduced from Fifteen to Thirteen: And whereas another Act was passed in the Second and Third Years of the Reign of His said late Majesty, intituled Scotland, by which the Jurisdiction and Duties of the Court of Exchequer were transferred to certain Judges of the Court of Session, after the Retirement or Decease of the last remaining Baron of Exchequer, which Event has now happened: And whereas an Act was passed in the Fiftieth Year of the Reign of His Majesty KingGeorge the Third, intituled Scotland, Ireland, by which the Salaries of Lords of Session and Lords Commissioners of Justiciary were augmented and regulated: And whereas His said late Majesty, by Commission bearing Date the Sixth Day ofAugust Eighteen hundred and thirty-four, directed Letters Patent to be forthwith made and passed under the Seal appointed by the Treaty of Union to be kept and made use of in place of the Great Seal of Scotland, directing certain Persons therein named to make a diligent and full Inquiry into various Matters relative to the Law and Administration of Justice in Scotland; and in particular,

First, ‘As to the Arrangements of Judicial Business in the Courts of Session and other Courts;’

Secondly, ‘As to the Execution of the Duties formerly discharged by the Commissary Court, but now transferred by Statute to the Court of Session;’

Thirdly, ‘As to the Execution of the Duties formerly discharged by the Admiralty Court, now transferred by Statute to the Court of Session;’ and,

Fourthly, ‘As to the Execution of the Duties of the Court of Exchequer inScotland:’

And whereas the Commissioners so appointed have made Reports, which have been laid before Parliament; and it is expedient to carry into effect certain of the Recommendations contained in the said Reports, and to regulate the Arrangements of Judicial Business in the Court of Session, Court of Justiciary, Court of Exchequer, and Court of Commissioners for Teinds, and to increase the Salaries of certain of the Judges of the Court of Session performing the Judicial Duties of the said Supreme Courts:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, andby the Authority of the same, That Judges of the Court of Session inScotland shall be bound, in addition to the Duties at present discharged by them, to perform the Duties of Lords Commissioners of the Court of Justiciary and of Barons of the Court of Exchequer; and such Duties shall be distributed among the said Judges, with a view to Equality of Duty, as herein after provided.

S-II Court of Justiciary to consist of certain Judges.

II Court of Justiciary to consist of certain Judges.

II. And be it enacted, That the Court of Justiciary shall consist of the Lord Justice General, the Lord Justice Clerk, and Five Judges of the Court of Session, appointed or to be appointed Lords Commissioners of the Court of Justiciary, and the Quorum of the said Court shall remain as at present: Provided always, that it shall be lawful for Her Majesty, Her Heirs and Successors, to appoint, by Special Commission, any other of the Judges of the Court of Session to act as Judges of the Court of Justiciary on Circuits, and in the High Court of Justiciary in Causes which may be certified from Circuit Courts in which such Judges shall have acted.

S-III Clerks of Justiciary to be appointed by the Crown.

III Clerks of Justiciary to be appointed by the Crown.

III. And be it enacted, That after the present Lord Justice Clerk and the present Principal Clerk of Justiciary shall cease to hold their Offices the Appointment to the Offices of Principal and Depute Clerks of the Court of Justiciary, and also of the Circuit Clerks of the said Court, shall, as Vacancies occur, be vested in Her Majesty, Her Heirs and Successors; and all Persons to be hereafter appointed to any of the said Offices shall perform the Duties thereof in Person.

S-IV Two Judges to be appointed to perform the Duties of the Exchequer.

IV Two Judges to be appointed to perform the Duties of the Exchequer.

IV. And be it enacted, That the Duties of the Court of Exchequer inScotland, and the whole Powers and Duties of the said Court, and of the Chief Baron and Barons thereof, in so far as the Exercise of such Powers and Duties is not otherwise provided for by Parliament, shall be and the same are hereby transferred to the Judges of the Court of Session (not being Lords Commissioners of the Court of Justiciary), Two of whom, as Judges, shall perform the same...

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