Scotland > 1882-1915 - Slater's Royal National Commercial Directory of Scotland > 1903, Part 2 - Slater's Royal National Commercial Directory of Scotland ... (Royal National Directory of Scotland.) With ... map, etc

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EDINBUKGH.
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His Majesty's Prison, on the south side of the Calton hill,
originally designed by the celebrated Mi'. Adam, and erected
in 1791, were modified or extended in 1817, 1846 and 1882 ;
further alterations have since been completed, and the
prison now contains about 500 cells.
Club Houses. — The New Club is a superior building in
Princes street, erected by an association of noblemen and
gentlemen. The University Club, in Princes street, a
building in the Italian style, was erected in 1866-7 at a cost
of nearly ^^14,000, and in 1897 was considerably altered and
enlarged at a further cost of j£i 1,000. The Scottish Con-
servative Club and the Scottish Liberal Club have hotli fine
buildings, also in Princes street. The Caledonian United
Service Club is situated in Queen street, the Northern in
George street and the New Union Club at the corner of
Hanover and Rose streets.
LAW COURTS.
The College of Justice (founded by James V. 1532) com-
prise the following: — i. Thirteen Judges of the Court of
Session, styled Lords of Session ; 2, Advocates (barristers)
who possess the privilege of pleadihg before every court in
Scotland, and also in Scotch appeals before the House of
Lords ; 3, Writers to the Signet (similar to solicitors in
England), Solicitors before the Supreme Courts, Advocates'
I^'irst Clerks, Solicitors-at-Law and Chartered Accountants.
The Court of Session and Teind Court. — The Court of
Session, the highest civil court in Scotland, originally con-
sisted of 14 judges and a president, one half of the judges
and the president being churchmen, and the king having the
privilege of appointing three or four peers or lords of his
great council to sit and vote with the lords of session.
Ecclesiastics were appointed judges, even after the Refor-
mation. Till 1808 the judges all sat in one court, but it was
tlien divided into two separate courts, known as the First
1 )ivision and the Second Division, which, however, might be
brought together in cases of difficulty. In 1810 the junior
judges were appointed to sit separately as Lords Ordinary,
each trying cases in the first instance. In 1830 the number
of judges was reduced to 13, with two presidents (of the
first and second divisions of the Inner House), who are the
Lord Justice General and the Lord Justice Clerk, the former
being also Lord President of the whole court. The Lords
Ordinary are five in number, forming what is called the
Outer House ; the First Division and Second Division, each
consisting of three judges and a president, form the Inner
House ; the two remaining judges are attached, one to the
Registration Appeal Court and one to the court to try
election petitions. The Lords Ordinary may be called in to
take part in the hearing of a case in the whole court. Cases
may be carried from the Lords Ordinary to the Inner House,
but only to that division of it to which the Lord Ordinary is
attached who tried the case in the first instance. The junior
Lord Ordinary acts as Lord Ordinary of bills, disposing of
summary petitions and business requiring special despatch ;
but during the vacations of the court this office is taken by
all the judges in rotation, except the Lord President and the
Lord Justice Clerk. The judges of the Court of Session are
appointed for life, and are always members of the Faculty
of Advocates : they assume titles like those of peers, pre-
fixing lord either to their surname or to the name of an estate.
The judgment of the Court of Session may be appealed
from in the House of Lords. In 1815 trial by jury was
introduced in civil cases in Scotland to the extent of deciding
as to matters of fact and fixing the amount of damages.
Jury trials are presided over by one or more of the judges
of the Court of Session. The jury in civil cases consists of
12 jurymen, and a unanimous verdict is received at once ;
but if they cannot all agree, the verdict of a majority of nine
is received after a certain time. The Teind Court is held
every alternate Wednesday during term, and has the power
of regulating and enforcing the payment of tithes or
teinds ; for the clergy cannot themselves exact their tithes,
which are obtained from the landowners, and not from the
tenants, and it is through the medium of this court only that
they receive them. It also belongs to this court to determine
the amount ofstipend which the clergyman of each parish shall
receive out of the teinds of that parish, granting augmenta-
tions from time to time, when the teinds are not already
exhausted. The judges of the Inner House of the Court of
Session and one Lord Ordinary are the judges of this court.
The High Court of Justiciary, instituted 1672, is the
supreme criminal court, and is presided over by the Lord
Justice General, which office is held by the Lord President
of the Court of Session. Next to him, and really the first
acting judge, is the Lord Justice Clerk, subordinate to
whom are five other judges, who are also Lords of Session.
At stated times, the Lords of Justiciary proceed on circuits,
holding courts in different towns. The Lord Advocate is
the public prosecutor, and by him actions are raised in this
court, according to his discretion. The causes which come
before this court are tried by a jury of 15 persons, a majority
of whom decide the same, and from which there is no appeal.
The Sherifl Court of Chancery is presided over by the
Sheriff of Chancery.
The Commissary Court. — Since the year 1830, the duties
which this court formerly performed have been transferred
to the Court of Session ; still, however, a commissary clerk
takes cognizance of testaments of persons dying abroad
and having property in Scotland.
The Writers to the Signet are an important body, who
have the sole right of passing warrants under the seal or
signet of the reigning monarch, in order to render them
valid ; in addition to which they act as conveyancers, and as
attornej's in the Supreme Courts. This body, besides its
other functionaries, has a professor of conveyancing in the
University of Edinburgh. The qualification for admission
is an apprenticeship for five years ; and the age for entering
into indenture not under seventeen, provided always that
where an applicant for indenture is not under the age of
nineteen and holds a degree in Law, or in Arts, of a Univer-
sity of Great Britain or Ireland, granted after examination,
the period of indenture may be three years. The members
of this body amount to over 450 ; they have a valuable
library, and an ample fund for widows.
The Solicitors before the Supreme Court were first pub-
licly acknowledged as an association in 1754, by an act of
sederunt of the Court of Session, in which were set forth
rules for their direction ; and these were altered and
improved by another act in 1772. In 1797, they obtained a
royal charter, which erected them into a body corporate, by
the title of Solicitors in the Court of Session, the High Court
of Justiciary, and the Commission of Teinds. Members of
this corporation, previous to admission, are required to
attend three classes of the Scotch law and conveyancing.
Solicitors-at-Law were incorporated by royal charter in
1780. They formerly practised before the Sheriff Commissary
and City Courts, of which they bad a monopoly ; but all are
now entitled to practise before the supreme and inferior courts
like other law agents. Entrants or candidates for admission
are required to serve a regular apprenticeship with a
member of the incorporation, and, after going through an
examination before the Society, similar to other law agents,
are admitted. In 1884, the Society obtained an Act of
Parliament by which, after providing an annuity of ;^52
to each widow of all past or present members of the society,
the funds were divided among the present members. The
present privileges of members to practise in the courts are
i-eserved by the private statute.
The Court of Exchequer. — This court, established in 1707,
and which till recently was presided over by the chief baron
and three ordinary barons, has undergone such a change as
to be virtually abolished. The duties are now performed by
certain judges of the Court of Session, in rotation, and the
Queen's and Lord Treasurer's Remembrancer is the head of
the Exchequer office.
The Lyon Court, instituted to regulate state pageants,
execute the writs of supreme courts, and decide upon
armorial bearings, is still the chief armorial and genealogical
authority in Scotland, its official staff consisting of the Lyon
King of Arms, three heralds, three pursuivants, Lyon Clerk
and Keeper of Records and a Procurator Fiscal. The offices
of the Lyon Court are at the New General Register House.
The Faculty of Advocates. — The members of this society
occupy a position similar to that of barristers in England.
It appears to have been instituted in 1532, or about the
same time as the College of Justice, and was at first limi-
ted to ten members. Although candidates for admission
are not required to follow any prescribed course of pre-
paratory study, they must produce one of certain Univer-
sity degrees held as qualifying, or pass a tolerably strict
examination — first on general scholarship, and then, after a
lapse of a year, on civil law, international law, and on the
laws of Scotland. An advocate, when admitted, is privi-
leged to plead in any court in Scotland (unless debarred by
special statute, as in the Small Debts Acts), and also before
the House of Lords. It is from this society that the bench
is supplied with judges, and that the sheriffs of counties
are selected. Though not possessing a charter of incor-
poration, it has always exercised corporate privileges, by
electing its own office-bearers, the principal of whom is the
president, or, as he is styled, the Dean of Faculty. The
library is by far the largest, as well as the most valuable, i;i
Scotland.
Sheriff Court of Edinburgh, — The courts are held in the
Sheriff court, George I"V. bridge. A court for the Leith
district is held in the Sheriff Court room, Constitution