The courts of the boroughs-royal are two, the Bailie court, and Dean of Guild court. Some boroughs have no dean of guild; in which case the duties of that pe culiar jurisdiction belong to the bailie court. The bailie court is just a sheriff court within the borough,. exercising civil jurisdiction cumulatively with the sheriff in the same classes of questions in so far as ap plicable to a borough, and having a summary power in alimenting prisoners and liberating them on sick bill, Sec. All possessory questions, not involving title in heritable property, are likewise competent before this court.
The Dean of Guild, as the name imports, was an ciently the judge in mercantile matters within the bo rough, and likewise of questions between merchant and mariner. The statute 1681, c. 16. took away the maritime part of his jurisdiction, and vested it in the Court of Admiralty. For a long period the clean of guild has abandoned the mercantile department like wise; his chief and now only pro\ ince being to take care that buildings within burgh are agreeable to law, neither encroaching on private property, nor on the public streets or passages, and that houses in danger of falling be thrown down. (Erskine, 4, 24.) In this department the jurisdiction of the dean of guild is exclusive, but subject, as is that of the bailie court, to review by the Court of Session, and circuit Court of Justiciary.
The magistrates are assisted in their judgments by assessors; in the more important boroughs these are advocates, in others they are the townclerks, who are always professional lawyers. In some boroughs all the magistrates are justices of the peace, ex qffleio, and since the Union the senior magistrate of every royal borough is named, of course, in the commission of the peace.
Boroughs of Barony and Regality are towns under the feudal superiority of a baron or overlord, but erect ed by the king, sometimes, but not always, with pow er to choose their own magistrates, which power is in others vested in the superior. The superiors, before the jurisdiction act, but not since, exercised a cumu lative jurisdiction with the magistrates of these bo roughs. This act, however, reserved their jurisdiction to the boroughs of barony and regality. The powers of the courts of these boroughs are nearly the same as those of the courts of boroughs royal. By 35 Geo. III. e. 122, the king is empowered to erect free and independent boroughs of barony on the sea coast, for encouraging the fisheries; to the magistrates of which the powers of justices of the peace only are given.
Some proprietors of landed estates erected into what is called liberam baroniam, keep up the forma lity—for it is little more and rarely used—of holding a court by a deputy called the baron-bailie, for de termining disputes among the tenants and neighbours not exceeding forty shillings in value; or in questions as to the rents of the lands or multures to the mills. These very inferior courts were put upon their pre sent harmless footing by the jurisdiction act. (20 Geo. II.) The Lyon king at arms is an inferior judge. His
name is derived from the lion on the armorial bearing of the Scottish kings. His powers are " to visit the arms and ensigns armorial of all persons; to give pro per arms to deserving persons, and to fine all who use arms not matriculated, and confiscate to the king the articles on which these are painted or engraved." The Lyon's most important powers consist in the ap pointment and suspension of heralds, pursuivants, and messengers at arms. The Court of Session also sus pend the office of messenger, by act of sederunt 4th November, 1738. Anciently the Lyon carried public messages to foreign states; and he still publishes, in state with his attendants, the King's proclamations.
Magistrates to preserve the public peace were ap pointed by the Romans. lrenareha was the name of these officers. Justices of peace were appointed in Eng land in the second year of Edward III. but not in Scotland till 1609, c. 7. Since which their powers and duties have been varied and modified by statutes both Scottish and British. Their original appoint ment was for the purpose of binding over disorderly persons for appearance before the justiciary or privy council. Sulii,,,;uently Cr:,,wer was given them to judge in riots and break:.to oversee the re pair of highways, iLttiele the peace, laws against beg gars, vagrants, swearers, drunkards, and other disor derly persons. They are now, besides these powers, competent to questions of servants' wages, aliment of natural children, meditatio fugx warrants, and impri sonment of debtors so apprehended till they find secu rity de judieio sisti. All questions of highways, toll bars, bridges, ferries. are appropriated to them. One large department of their jurisdiction is in executing the excise and customs laws against smugglers, &c. They have no longer the power to fix artificers' and labourers' wages. (53 Geo. III. c. 40.) By 35 Geo. III. c. 123, the small debt act, the most important jurisdiction of the justices was established, in all questions of debt not exceeding forty pounds Scots. The experiment succeeding, the small debt jurisdiction of the justices was rendered perpetual by 39 and 40 Geo. III, c. 46, and the sum extended to L.5 sterling. These courts are held weekly, once a fortnight, or once a month, as required. The statute is precise as to fees, which are very moderate; and all procurators and written pleadings are excluded, so that the parties, or a member of their family must appear and conduct their own causes. The judg ments are final, if not challenged within a year by re duction on the head of iniquity or oppression; the re ducer finding surety for such expenses as may be awarded against him. In all other branches or their civil jurisdiction, the of the justices are sub ject to the review of the Court of Session or circuit Court of Justiciary. There is an appeal to the quar ter sessions from the judgments of the ordinary jus tices. The quarter sessions are the meetings of the justices of a whole county, appointed to be held four times a year.