The Court of Session has another function or cha racter. It is the Commission, as it is called, for the plantation of kirks and valuation of teinds. This coin mission was, after several temporary commissions, rendered perpetual by statute 1709, c. 9. The whole fifteen judges sit in this court, and the old quorum of nine is requisite. Its meeting takes place every alter nate Wednesday in Session time; and, as a distinct court, it has its own clerks, but is attended by the same practitioners. The act 1707 details its powers and duties. It regulates valuations and sales of teinds, augments the stipends of the clergy, disjoins or an nexes parishes according to exigency, erects new churches, &c. The cases in this court go through their stages in the Outer-House before the Lord Or dinary on the bills.
There is a class of actions in which no discretion is left to the Lords Ordinary of the Court of Session, to send or not to send, wholly or partially, the facts to be tried by jury. Cases of this class, although they must all originate in the Court of Session, (for the Jury Court has not been raised higher than a sort of acces sory although supreme court,) must be sent at once for entire trial and determination to the Jury Court, with out remaining longer in the Court of Session than pass ing through the form of being remitted, without any previous discussion of law, or relevancy. This class of cases embraces actions of damages for injury to the person, both real and verbal, as assault and defama tion, for injury to patrimonial rights, for breach of contract, for injury by delinquency and quasi delin quency; all actions on the responsibility of carriers, ship-owners, inn-keepers, actions to abate nuisances; all actions of reducticT. on furiosity, idiocy, facility, lesion, force, or fear; all actions on insurance of all kinds, on charter parties, &c. Such of this class of cases as must originate in the Court of Admiralty, must likewise be sent at once to the Jury Court, pro vided the amount shall be L.40 and upwards. The Judge Admiral, like the Lord Ordinary, has an option to remit or not cases not of this class. The Jury Court have the power to remit back points of law in the class of cases allotted to it, to the Lord Ordinary or Judge Admiral. When points of law are sent back to the court, the facts come again to be tried in the Jury Court. If in the Jury Court the facts are admitted on both sides and trial of them unnecessary, the case is sent back for decision by the courts from which it came.
From the year 1815, when the trial by jury in civil cases commenced till the passing of the late act, (July 1825,) the judges of the Jury Court, were only three in number; a chief commissioner and two ordinary com missioners, called Lord Commissioners of the Jury Court in civil causes, and eligible from the Lords of Session or Barons of Exchequer, with the exception of the Chief, who must he qualified to be appointed a Lord of Session. By the late act two additional ordi
nary commissioners have been added to the number. The Jury Court has its terms and sittings, after the manner of the courts in England; and the judges travel circuits twice a-year, nearly at the same time with the Lords of Justiciary. The trial itself is conducted pretty nearly upon the English model. The jurymen are twelve in number, chosen by ballot from a list re turned by the Sheriff, and they are required to agree in their verdict.
It is necessary to mention here the Court of Justi ciary or supreme criminal court, as exercising by sta tute a ;certain civil jurisdiction. This is only on the circuits, and arose from the convenience of the pre sence in the circuit towns of judges who were Lords of Session. By 20 Geo. II. c. 43; and 54. Geo. III. c. 67. this jurisdiction is bestowed by way of appeal from the sentences of inferior courts, in all cases not exceeding £25 in value exclusive of the costs. This decision is final, unless the circuit judges certify the case, as they may do, to the Court of Session.
The Court of Exchequer is the court of the revenue. It was remodelled at the union on the English form, and consists of the Lord High Treasurer of Great Bri tain, a chief baron, and three ordinary or puisne ba rons,* who must he either sergeants at law or English barristers, or Scots advocates of four years standing. This court "has a peculiar jurisdiction as to all duties of custom or excise, and other revenues pertaining either to the king or prince of Scotland, and as to all honours and estates real and personal, forfeitures or penalties of what nature soever arising to the Crown within Scotland; and as to all questions relating to the said matters, which they are authorised to determine either in law or equity by the same forms that have been used in the English Exchequer." (Ersk. 1-3. 31.) By the 3d Geo. IV. c. 91. the jurisdiction of this court has been increased by the power to judge in all complaints by burgesses against borough magistrates in relation to their administration of the revenue or common good of the borough. Although this court judges by the forms of the English Court of Exchequer, the real estate of the debtor must be attached, and all questions regarding it determined by the rules of the law of Scotland; and when the Crown's title to honours or lands is disputed, the Court of Session is the pro per jurisdiction.