Canton of Glaris

court, house, civil, held, circuit, trades, bailies, dean, tried and burgh

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The merchants house consists of all the merchant bur gesses who have matriculated, that is, who have paid a fee, now fixed at ten guineas, to the funds of the house. These members, however, have only the privilege of at tending one meeting in the course of the year, and of electing 24 members of the Dean of Guild's council, which is made up as follows : the Dean names 12 mem bers, who may be either foreign or home traders; he then puts the whole of the remanent members into 24 lists or lects, whereof 12 must be foreign, and 12 home traders. The qualified members, at the meeting, elect one person from each leet, who, together with the dean, the provost, three merchant bailies, the collector, and the 12 persons _ X" TA r• nominated by the dean, compose the council, to whom the administration of the whole affairs of the house is entrust ed throughout the year. The funds of this pubnc laxly arise chiclly from rents, fells, ground annuals, interest, matriculation, and burgess entry money, donations, and mortifications.

The convener is president of the trades house, and takes precedence of the trades bailies, at all meetings of the house. The members consist of the present and late con vener, two trades bailies, the present and late collector, the present and late deacons of the 14 incorporations, and 26 assistants, nominated as follows : the deacons of the ham mermen, tailors, cordincrs, and maltmen, nominate our of the members of their incorporations ; the weavers two ; the bakers, skinners, wrights, coopers, Ileslicrs, masons, gardeners, and barbers, one each; the dyers do not nomi nate any. These members constitute the trades house, and to them its whole civil and political concerns are en tru sted.

The affairs of finance are placed under the exclusive management of the convener and deacons, and extraordi nary members of the house; the latter are the trades bai lies, collector, and members who have passed the chair, or have been at any time in the magistracy. The funds of this public body, like the merchants house, arise chiefly from rents, ground annuals, and feus from the lands of trades-town, interest, burgess entries, donations and mor tifi cations.

. A circuit court of justiciary, (anciently termed Justice in Ayre,) is held here in the months of Apt it and Septem ber yearly, wherein all criminal cases, high treason except ed, are tried by a jury of 15 persons. The jurisdiction of the circuit extends over the counties of Lanark, Renfrew, and Dumbarton. It has been customary for two of the judges to be on this circuit, attended by the sheriffs of the three counties, and the Lord Provost and magistrates of the burgh. Formerly it was necessary for the jury to re tire from the court, and make up a written verdict. In 1814, an act of parliament was passed, empowering juries, when they were unanimous as to the verdict, to return it, viva voce, without leaving the box. Forty-five jurymen are summoned on each circuit, whereof 25 are from La narkshire, and 10 from each of the other two counties.

This court also judgment in appeals from inferior courts, in civil matters, where the sum at issue is not under 15/. An elegant hall, or court room, was fitted up in the public offices in 1810, for the accommodation of this court, which contains more than 300 persons.

The sheriff's court has jurisdiction in civil as well as in criminal matters within the county The civil court, for ordinary procedure, is held every Wednesday, at eleven o'clock, in the circuit court room, during the sitting of the court of session; and during the vacancy, the court is held at such intervals as the judge may think expedient. In cases of a summary nature, there is access to him every lawful day. All crimes competent to be tried before the sheriff, which infer capital or corporeal punishment, or ba nishment from the county, must be tried by a jury of 15 persons; the forms of the justiciary court being strictly adhered to, with this difference, that. in all cases, t'le ob jections to witnesses and other steps of procedure must be taken down in writing. No capital sentence can be inflict ed in less than 40 days after the passing of the sentence, nor corporeal punishment in less than 12 days. The sen tences of this court, whether of a civil or criminal nature, are, like other inferior courts, subject to the revisal of the supreme courts.

The commissariat court was formerly the bishop's court. The jurisdiction of the commissariat of Glasgow, Hamil, ton and Campsie, is very extensive, comprehending a great part of the counties of Lanark, Renfrew, Stirling, Dumbar ton, and Air. It takes cognizance of all testamentary affairs, and matters of scandal. Civil actions for debt may also be tried in it, to the extent of 40 ponAs Scots. The term of this court is similar to the sheriff's, and is held in the same hall on Thursdays at II o'clock ; in former times, it was held in the consistory house, adjoining the cathedral.

The town court is the principal civil court of the burgh. It seems to have been instituted about the same time that the burgh was erected. The provost and bailies are the judges. The procedure is conducted in writing, by procu rators, under the superintendance of a legal assessor, who is a member of the faculty of advocates. in ordinary cases, the court is held in the burgh-hall every Friday at 11 o'clock during the session, and at least once a month dur ing the vacation of the Court of Session ; but in cases which require extraordinary dispatch, the court is open every lawful day. Its jurisdiction is limited to the burgh, and is competent to decide questions of personal obliga tion to pay or perform to any extent ; no claim, however, can be enforced in this court, unless it exceeds 30.9. The court is also competent to judge in questions of property, pledge, hypothec and retension, of exclusive privilege of count and reckoning, service of heirs, &c.

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