Justiciary and Circuit Courts (Scotland) Act 1783
| Jurisdiction | UK Non-devolved |
| Citation | 1783 c. 45 |
| Year | 1783 |
(23 Geo. 3) C A P. XLV.
'W H E R E A S by an Act of Parliament, made in the twentieth Year of the Reign of his Majesty KingGeorge the Second, (intituled, An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland; and for making Satisfaction to the Proprietors thereof; and for restoring such Jurisdictions to the Crown; and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King's Courts and Judges there; and for obliging all Persons acting as Procurators, Writers, or Agents in the Law in Scotland to take the Oaths; and for rendering the Union of the two Kingdoms more complete ;) it is amongst other things enacted, That it shall and may be lawful to and for any Party or Parties conceiving himself or themselves aggrieved by any Interlocutor, Decree, Sentence, or Judgement, of any of the inferior Judges therein mentioned, concerning Matters criminal, of whatever Nature or Extent the same may be, except all Cases which infer the Loss of Life, or Demembration, or in Matters civil, where the Subject Matter of the Suit did not exceed in Value the Sum of twelve Pounds Sterling, to complain and seek Relief against the same by Appeal to the next Circuit Court of the Circuit wherein such inferior Court shall lie, to be proceeded in before the said Circuit Court, in the Way and Manner therein directed; and it is thereby enacted, That, from and after the twenty-fifth Day of March , in the Year of our Lord one thousand seven hundred and forty-eight, the Circuit Court shall be regularly held twice in every Year, within that Part of Great Britain called Scotland ; and the Judges thereof shall continue by the Space of six Days at the least, at each Town or Place where the Circuit Courts shall be held for the Dispatch of Business: And whereas it has been found from Experience, that few Appeals have been taken or brought from the inferior Courts to the Circuit Courts, either in Matters criminal or civil, Parties conceiving themselves aggrieved by the Judgements or Decrees of the inferior Courts, choosing to take their Appeals by Advocation or Suspension, and to have the same heard and discussed before the Courts of Justiciary and Session, in the Course of Law as formerly established, rather than by the summary Remedy of Appeal to the Circuit Courts, whereby one Branch of Business in these Circuit Courts is greatly abridged, and thereby the Continuance of the Judges at each Circuit Town for the Space of six Days is become unnecessary: And whereas the Judges continuing at any Circuit Town for a longer Time than may be necessary for dispatching and finishing the Business brought before them, is attended with many Inconveniencies to the Publick, and an unnecessary Expence to the Judges, Jury, and whole Members of Court, as well as the Sheriffs and inferior Magistrates, who, by Law, are obliged to attend the Judges while they continue at the Circuit Towns; for Remedy whereof,' may it please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of...
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