The jurisdiction of the sheriff in civil matters does not extend to questions regarding heritable or real property. 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 obliga tion, without any limit as to the importance of the interests involved. He has also the same bankruptcy jurisdiction as the Court of Session. He does not act by a jury. though it appears that such an institution was formerly connected with the civil jurisdiction of the sheriff. He has authority by special statute summarily to decide small debt cases, that is, cases where the pecuniary value of the matter at issue does not exceed 12/. 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 empanuelled. The decisions of the sheriff, when no proceedings 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 crown lawyers in leaving prosecutions to proceed befure his court, or removing them to the Court of Justiciary. It is not very clearly to be traced how far, in old practice, 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 disused. The power of transporting, which is of comparatively late introduction, he never possessed, not having any criminal authority beyond his county. By degrees it came to be considered that the jurisdiction in the four pleas of the crown— murder, rape, robbery and wilful fire-raising—was exclusively in the higher court. Important criminal 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).