Page:Ruffhead - The Statutes at Large - vol 4.djvu/280

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28 College of Juftice. By 7 Geo. i. c. 1 6. fert'. 4. yndges of Sc(J'.o}:, H^c. arc iiicapabk cf l:ing cls^lcd jVln^ihcn of ibe llouji ofComimm. Court of Judi- ciary. -Admii-alty Ju- rifdidlions. =Other Courts. Court of Exche- quer eftablirtied ■for ever, by 6 Annie, c, a6. redt, -1. C. 8. Anno quinto Ann.^ Reginae. A. D. 1706, Treaty) but alterable by the Parliament of Gi'eat Briea'in ; with this Difference betwixt the Laws con-" cerning publick Right, Policy, and Civil Government, and thofe which concern private Right, that the Laws which concern publick Right, Policy, and Civil Government, may be made the fame throughout the whole united Kingdom ; but that no Alteration be made in Laws which concern private Right, ex- cept for evident Utility of th£ SubjeiSts within Scotland. ARTICLE XIX. That the Court of Sefilon, or College of Juftice, do after the Union, and notwithftanding thereof, re- main in all 7'ime coming within Scotland^ as it is now conftituted by the Laws of that Kingdom, and with the fame Authority and Privileges as before the Union, fubject neverthelefs to fuch Regulations for ,. the better Adminiftration of Juftice, as fliall be made by the Parliament of Great Britain ; and that here- after none fhall be named by her Majefty, or her royal SuccefTors, to be ordinary Lords of Seflion, but fuch who have ferved in the College of Juftice as Advocates, or principal Clerks of Seffion for the Space of five Years ; or as Writers to the Signet for the Space of tzi Years ; with this Provifion, That no Writer to the Signet be capable to be admitted a Lord of the Seffion, urilefs he sundergo a private and publick Trial on the Civil Law, before the Faculty of Advocates, and be found by them qualtned for the laid Office, two Years before he be named to be a Lord of the Seffion ; yet fo as the Qualifications made, or to be made, for capacitating Perfons to be named ordinary Lords of Seffion, may be altered by the Parliament of Great Britain. And that the Court of Jufticiary do alfo after the Union, and notwith- ftanding thereof, remain in all Time coming within Scotland, as it is now conftituted by the Laws of that Kingdom, and with the fame Authority and Privileges as before the Union, fubje£t .neverthelefs to fuch Regulations as ftiaJl be made by the Parliament of Great Britain, and without Prejudice of other Rights of Jufticiary ; -and that all Admiralty Jurifdiftions be under the Lord High Admiral or Commiffioners for the Admiraly of Great Britain for the time being ; and that the Court of Admiralty now eftablifhed in Scotland be continued, and that all Reviews, Redu£i:ions,, or Sufpenfions of the Sentences in maritime Cafes, competent to the Jurifdiftion of that Court, remain in the fame Manner after the Union, as now in Scotland, until the Parliament of Great Britain fhall make fuch Regulations and Alterations, as fhall be judged expedient for the whole united Kingdom, fo as there be always continued in Scotland a Court of Admiralty, fuch as in England, for Determination of all maritime Cafes relating to private Rights in 'Scotland, competent to the Jurifdiftion of the Admiralty Court, fubjeft neverthelefs to fuch Regulations and Alterations as fhall be thought proper to be made by the Parliament of Great Britain ; and that the heretable Rights of Admiralty and Vice Admiralties in Scotland be referved to the refpeftive Proprietors as Rights of Property, fuiijetS neverthelefs, as to the Rdanner of exercifing fuch heretable Rights, to fuch Regulations and Alterations, as ftiall be thought proper to be made by the Parliarru^nt of Great Britain ; and that allxither Courts now in being within the Kingdom of Scotland do remain, but fubjedt to Altera- tions by the Parliament of Great Britain ; and that all .inferior Courts within the faid Limits do remain fubordinate, as they are now, to the fupreme Courts of Juftice within the fame, in all Time coming ; and that no Caufes in Scotland be.cognofcible by the Courts cf Chancery, ^eens Bench, Common Pleas,, or any otherCourt in Wejlminfter Hall; and that the faid Courts, or any other of the like Nature, after the Union, fliall have no Power .to cognofce, review, or alter the Afts or Sentences of the Judicatures within Scotland, or ftop the Execution of the fame ; and that there be a Court of Exchequer in Scotland after the Union, for deciding Queftions concerning the Revenues of -Cuftoms and Exciies there, having the 'fame Power and Authority in fuch Cafes, as the Court of Exchequer has in E-ngland ; and that the "*FrIvy Council. See farther 6 AuHt c.d.for thcRc- ,gulaticn of ibe ■ •'^ri'vy Council, Heretable Of- -ficts, , •Royal Burgijs, Scotland after the Union ; and that after the Union, the Qiieen's Majefty, and her royal SuccefTors,' may continue a Privy Council in Scotland, for preferving cf publick Peace and Order, until the Parliament of .Great Britain fhall think. fit to alter. it, or eftabliih any other efteftual Method for that End. A R T I C L E XX. That. all heritable Offices, Superiorities, heretable Jurifdiftions, Offices for Life, and Ju.rifdi£fions for Life, be referved to the Owners thereof, as Rights of Property, in the fame Mariner as they are now en- joyed by the Laws of ScaZ/ff??^, notxvithftanding this Treaty. -A R T I .C L E XXI. That theRights and. Privileges of the royal Burghs .in Scotland, .as they now are, do remain entire after the "Union, am-l notwithftanding thereof. A R TI CLE XXIL

'Rixteen Peers of That by vjrtue of this Treaty, dt the Peers of Scdikmd, at the Time of the 'Union, fifteen fhall be

Scotland to fit in the Number to fit and vote in the Houfe of Lords, and forty-five the Number of the Reprefentatives oF L^'J^"" "^ Scotland in the HoisTe of Commons of .the Parliament of Great Britasn ; and that whcji .her Mijefty., her Keirs or Succeffors, fhall declare her or their Pleafure for holding the firft or any fubfequcnt Par- liament of Great Britain, Ma{ tV.t Parliament of Gn-at Britain fliall make further'Provificm 'therein, a Writ do iftue under the Great Seal of the r.nited Kingdom, dlre£led .to the Privy Council o'f Scotland, 'ctomaiandingthcm to caiife ftxteen Peer§, who are .to fit .in the.Houfe of Xord% .to.he.fummoned to Par- Jiameii^