Court of Session Act 1839

1839 CHAPTER 36

An Act to regulate the Duties to be performed by the Judges in the Supreme Courts of Scotland, and to increase the Salaries of certain of the said Judges.

[29th July 1839]

WHEREAS an [11 G. 4. & 1 W. 4. c. 69.] Act was passed in the First Year of the Reign of His late Majesty King William the Fourth, intituled An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland, by which the Jury Court and the Admiralty and Commissary Courts were abolished, and the Jurisdiction and Duties of the said Courts were transferred to the Court of Session, whereof the Number of Judges was reduced from Fifteen to Thirteen: And whereas another [2 & 3 W. 4. c. 54.] Act was passed in the Second and Third Years of the Reign of His said late Majesty, intituled An Act for making Provision for the Dispatch of the Business now done by the Court of Exchequer in Scotland, by which the Jurisdiction and Duties of the Court of Exchequer were transferred to certain Judges of the Court of Session, after the Retirement or Decease of the last remaining Baron of Exchequer, which Event has now happened : And whereas an [50 G. 3. c. 31.] Act was passed in the Fiftieth Year of the Reign of His Majesty King George the Third, intituled An Act for augmenting the Salaries of the Lords of Session, Lords Commissioners of Justiciary, and Barons of Exchequer, in Scotland, and Judges in Ireland, by which the Salaries of Lords of Session and Lords Commissioners of Justiciary were augmented and regulated: And whereas His said late Majesty, by Commission bearing Date the Sixth Day of August Eighteen hundred and thirty-four, directed Letters Patent to be forthwith made and passed under the Seal appointed by the Treaty of Union to be kept and made use of in place of the Great Seal of Scotland, directing certain Persons therein named to make a diligent and full Inquiry into various Matters relative to the Law and Administration of Justice in Scotland; and in particular,

• First, " As to the Arrangements of Judicial Business in the Courts of Session and other Courts ; "

• Secondly, " As to the Execution of the Duties formerly discharged by the Commissary Court, but now transferred by Statute to the Court of Session ; "

• Thirdly, " As to the Execution of the Duties formerly discharged by the Admiralty Court, now transferred by Statute to the Court of Session; " and;

• Fourthly, " As to the Execution of the Duties of the Court of Exchequer in Scotland: "

And whereas the Commissioners so appointed have made Reports, which have been laid before Parliament; and it is expedient to carry into effect certain of the Recommendations contained in the said Reports, and to regulate the Arrangements of Judicial Business in the Court of Session, Court of Justiciary, Court of Exchequer, and Court of Commissioners for Teinds, and to increase the Salaries of certain of the Judges of the Court of Session performing the Judicial Duties of the said Supreme Courts:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,