9. The high admiral is declared the king's justice-gene ral upon the seas, on fresh water within the flood-mark, and in all harbours and creeks. His civil jurisdiction extends to all maritime causes, and so comprehends questions of charter parties, freights, salvages, hottomries, &c. He exercises his supreme jurisdiction by a delegate, the judge of the high court of admiralty; and he may also name in ferior deputies, whose jurisdiction is limited to particular districts, and whose sentences are subject to the review of the high court. The admiral has acquired by usage a jit risdiction in mercantile causes, even where they arc not strictly maritime, cumulative with that of the judge ordi na ry.
10. At the Reformation, all Episcopal jurisdiction, exer cised under the authority of the bishop of Rome, was abo ished by an act 1560, ratified by 1567, c. 2. As the course of justice in consistorial causes was thereby stopped, queen Mary, besides naming a commissary for every diocese, did by a special grant, mentioned in Books S. 1, March 1563— 4, establish a new commissary court at Edinburgh, consist ing of four judges or commissaries, which grant is ratified by. an Imprinted act, 1592, c. 25. This court is vested with a double jurisdiction ; one diocesan, which is exercised in the special territory contained in the grant, viz. the coun ties of Edinburgh, Haddington, Linlithgow, Peebles, and a part of Stirlingshire ; and another universal, by which the judges confirm the testaments of all who die in foreign parts, and may reduce the decrees of all inferior commissa ries, provided the reduction be pursued within a year after the decree. They have an exclusive power of judging in declarators of marriage, and of the nullity of marriage, in actions of divorce and of non-adherence, of adultery, bastar dy, Ste. because all these matters are still considered pro perly consistorial.
1 1. Sheriffis the judge ordinary constituted by the crown over a particular division or county. He judges in all ac tions upon contracts, or other personal obligations, to the greatest extent, and indeed in most other actions. His cri minal jurisdiction extends to certain capital crimes, as theft, and even murder, though it be one of the pleas of the crown ; and he is competent to most questions of public police, and has a cumulative jurisdiction with justices of • the peace in all riots and breaches of the peace. He has also a cumulative jurisdiction with magistrates within bo rough.
12. Justices of the peace are magistrates named by the sovereign over the several counties of the kingdom, for the special purpose of preserving the public peace.
IS. A borough is a body corporate, made up of the inha bitants of a certain tract of ground erected by the sovereign, with jurisdiction annexed to it. Boroughs arc erected, either to he holden of the sovereign himself, which is the general case of boroughs, or of the superior of the lands erected, as boroughs of regality and barony. Bai lies of boroughs have jurisdiction in matters of debt, ser vices, and questions of possession betwixt the inhabitants.
Their criminal jurisdiction extends to petty riots ; and by special statute, to reckless (not intended) fire-raising.
14. To constitute a baron in the strict law sense, his lands must have been erected, or at least confirmed by the king in liberam baroniam ; and such baron had a certain ju risdiction, both civil and 'criminal, which is now greatly abridged. His civil jurisdiction is reduced to the power of recovering from his vassals and tenants the rents of his lands, and of condemning them in mill services ; and of judging in causes where the debt and damages do not ex ceed 40s. Sterling. His criminal jurisdiction is limitted to assaults, batteries, and other smaller offences, which may be punished by a fine not exceeding 20s. Sterling, or by setting the offender in the stocks in the day time, not above three hours.
15. The office of the Ilion king of arms, was chiefly mi nisterial, to denounce war, proclaim peace, carry public messages, &c. But he has also a right of jurisdiction, whereby he can punish all who usurp arms contrary to the law of arms, and deprive or suspend messengers, heralds, or pursuivants, who are all officers named by himself.— We now proceed with actions prosecutable in one or other of these courts.
16. Actions are either real or personal. A real action is that which arises from a right in tne thing itself, and which therefore may be directed against all possessors of that thing. Thus an action for the recovery even of a move able subject, when founded on a jus in re, is, in the proper acceptation, real ; hut real actions are in vulgar speech con fined to such as arc directed against heritable subjects. A personal action is founded only on an obligation undertaken tor the performance of some fact, or the delivery of some subject ; and therefore can be carried on against no other than the person obliged, or his heirs. Both rights are in cluded in an infeftment of annualrent, which contains not only a personal obligation on the grantor to pay, but a right of hypothec on the subject itself ; and therefore the credi tor can either sue the grantor or his representatives in a personal action ; or he may, for his payment, insist in a real action of poinding the ground against the possessors of the subject affected, though they should not represent the grantor. Poinding of the ground, though it be properly a diligence or an execution, is generally considered by law ye' s as a species of real action ; and is so called to.distin guish it from personal pointing, which is founded merely on an obligation to pay. Every debitum fundi, whether le gal or conventional, is a foundation for this action. It is competent to all creditors in debts which make a real bur den on lands ; and is directed against the goods that arc found on the lands burdened, even though the original debt or should be divested of the property in favour of a singu lar successor.