The jurisdiction of the sheriff in civil matters does not extend to questions re prding heritable or real property. By the 1 & 2 Vict. c. 119, jurisdiction in all questions as to nuisance or damage arising from the undue exercise of the rights of property, and as to servitudes, was spe cially conferred on him. He cannot judge in actions which are declaratory of rights, or which are of a rescissory nature—for the purpose of nullifying deeds or legal proceedings. In other respects his jurisdiction extends to all actions on debt or obligation, without any limit as to the importance of the interests involved. - He does not act by a jury, though it appears that such an in stitution was formerly connected with the civil jurisdiction of the sheriff. He has authority by special statute summarily to decide small debt cases, i. e. cases where the pecuniary value of the matter at issue does not exceed a hundred pounds Scots, or 8/. es. 8d. When he acts in the small debts' court, he makes circuits through his county ; his ordinary court is stationary. By railway statutes and other acts of local administration special functions are frequently conferred on him, and in the clauses for taking lands he is usually appointed to act as presiding judge when a jury is appointed to be empanelled. By two Acts of the 1 & 2 Vict.. viz. caps. 114 and 119, much was done to clear up and render efficacious the prac tical administration of the powers of the sheriff& They were enabled, by indor sation, to put the writs from other sheriff doms in force in their respective coun ties, and were invested with increased powers for putting their judgments and other proceedings in execution. The de
cisions of the sheriff, when no proceed ings have been taken to enforce them, may be carried into the court of session by advocation.
The authority of the sheriff in matters criminal is practically to a great extent measured by the proceedings of the cmwn lawyers, in leaving prosecutions to pro ceed before his court, or removing them to the Court of Justiciary. It is not very clearly to be traced how far, in old prac tice, the sheriff's jurisdiction was inferior to that of the Court of Justiciary : he had undoubtedly the power of punishing with death, though it has been long dis used. The power of transporting, which is of comparatively late introduction, he Dever possessed, not having any criminal authority beyond his county. By degrees it came to be considered that the juris diction in the four pleas of the crown— murder, rape, robbery, and wilful fire raising, was exclusively in the higher court. Important cases in the sheriff court are tried by jury. In more trifling matters the sheriff performs the functions of a police magistrate. In these cases the punishment must not exceed a fine of 10/. or sixty days' imprisonment (9 Geo. IV. c. 29). There is an intermediate system, by which the sheriff may try more important cases without a jury, but it is so encumbered with formalities— among others, a written authentication of the evidence—as not to hold out much inducement for its practical adoption.