The judge of the county civil and criminal court. Till recently he was called the Sheriff-Depute. He resides in Edinburgh, and must be in habitual attendance on the Court of Session, but holds frequent courts in his county. He has the power of appointing one or more Sheriff-Substitutes, according to the size of the county. These are constantly resident in the county, and hold daily courts, except in vacation. The procedure resembles that in the Court of Session (see Action); in most cases it is commenced before the Sheriff-Substitute, and appeal may be taken to the Sheriff. This is done by filing a note of appeal, when the pleadings and documentary evidence, together with the Sheriff-Substitute's notes of the evidence taken orally before him, and his decree, are transmitted to the Sheriff, who gives his decision after argument, sometimes oral, but generally in writing. Both the Sheriff and Sheriff-Substitute must in the decree state the facts which they find proved, and they add a note containing the reasons for their judgment. The Sheriff's jurisdiction is unlimited in actions respecting personal property, and in many actions affecting real estate, but he cannot try questions affecting title to real property, or rescissory or declaratory actions. In actions above L.25 in value an appeal lies to the Court of Session; under that value there is no appeal. The Sheriff's criminal jurisdiction extends to all crimes, ex-
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Sheriff |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Armstrong and Son, and Others v. Thomas Moffat and Others | 1800 | Contract, Interlocutor, Penalty, Sheriff, Debt, Fine | The candlemakers in Dalkeith routinely entered into one-year contracts with the Society of Fleshers to purchase the tallow from slaughtered cattle. This tallow was provided at a fixed price, and the candlemakers were entitled to examine it and receive a discount for any impurities they found. In 1799, the candlemakers sought, and obtained, a regulation providing for two appointees to search the tallow for impurities before it was transferred to them. The fleshers argued that this regulation should be suspended—or, at minimum, that they should receive a higher price—because the candlemakers were not entitled to receive purified tallow at the established contract price. |
| Lee Allen and Andrew Elder v. Elder and Others | 1832 | Poinding, Expenses, Interlocutor, Advocation, Sheriff, Security | John Lee Allen, Esq., and Andrew Elder presented a reclaiming note asking the Court of Session to alter Lord Medwyn's interlocutor in their action against Elder and others. Based on the single document cataloged for this case. |
| Petition of the Magistrates of Dunfermline | 1793 | Expenses, Jurisdiction, Alter, Prisoner, Sheriff, Courts | |
| Reid v. Lord Craig's Interlocutor | 1794 | Advocation, Test, Debt, Action, Interlocutor, Sheriff | James Reid, as pursuer, petitioned the Court of Session to alter an interlocutor pronounced by Lord Craig. Based on the single document cataloged for this case. |
| White v. Innerhouse Interlocutor | 1801 | Aliment, Interlocutor, Creditor, Sheriff, Debt, Succession | Mary Tait, spouse of William White, answered the petition of George White by asserting that the grandfather was legally liable to support his granddaughter during the father's absence. Based on the single document cataloged for this case. |
Documents discussing this subject (54)
- Adam Monteith, Alexander Drysdale, William Craig, David Stow, James Smith, Thomas Kennedy, Richard Kidston, and John Neill v. Robert M'Gavin — Bill of Suspension, 7 Nov 1837
- Alexander Wentworth Lord Macdonald v. Godfrey Macdonald Bosville — Decreet, 21 Jun 1815
- Alexander Wilson v. Lord Provost and Magistrates of Edinburgh, Magistrates of Canongate, and William Mellis — Information, 15 Sep 1787
- Andrew Aitken and others v. John Bannatyne — Information, 15 Nov 1779
- Andrew Aitken v. John Wilson — Information, 15 Nov 1779
- Appendix. No. I, COMMISSION to John Bell to the Parliament for the Burgh of Glasgow 1681.
- Armstrong and Son, and Others v. Thomas Moffat and Others — petition, 19 Jun 1800
- COMPLAINER'S STATEMENT of FACTS, and ANSWERS thereto for RESPONDENTS.
- Donald Campbell v. John Johnston — Petition, 12 Feb 1793
- Duncan Kennedy v. John Gray — Information, 26 Jan 1767
- DUP.—EARL of ELGIN & Others, TO THE REP.—Rev. ALLAN MACLEAN. Thos. Scotland, W. S. Agent for Respᵗˢ. Ad. Rolland, W. S. Agent for Petr. Mr MACKENZIE, Clerk. DUPLIES FOR, The Right
- George White v. Mary Tait — answers, 10 Dec 1801
- George White v. Mary Tait — answers, 2 Jul 1801
- I-1633-1757 doc0037
- Incorporation of Bakers of Dundee v. Magistrates and Town-Council of Dundee — Information, 21 Jan 1803
- James Braick v. Jane Forbes or Braick — Answers
- James Braick v. Jane Forbes — Bill of Suspension, 23 Nov 1829
- James Brown v. Robert Crawford Cumming — Bill of Advocation, 12 Nov 1857 [2]
- James Skinner v. Mrs. Isabella Ross or Bell — Reclaiming, 18 Dec 1832
- John Gillies & others v. William Muirhead — Information, 8 Jan 1793
- John Gray v. John M'Aulay — Reclaiming Petition, 15 Jun 1791
- John Hay v. The Edinburgh Water Company and Alexander Ramsay — Answers, 12 Dec 1849
- John Ker v. Magistrates of Kirkwall — 13 May 1823
- John Lee Allen, Alexander Christie and Andrew Elder v. John Elder, Christian Elder and John M'Farlane — Reclaiming, 6 Sep 1832
- John Puller v. Charles Lord Kinnaird — Answers, 2 Apr 1767
- John Stewart v. Alexander Brown and Company and Alexander Brown — Answers, 10 Jun 1824
- John Stewart v. James Ross — Petition, 8 Dec 1795
- Lord Halkerton v. Scott — Condescendence, 14 Dec 1769
- McKinnon v. William Gillies, James Robertson, Lord Provost, Magistrates, and Town Council of the City of Edinburgh — Petition, 1 Jul 1794
- Memorial — June 30. 1824. Mem.—Solicitor of Stamps. J. & C. Bremner, Agents
- MIN.—JOHN STUART, Accountant. Robert Roy, W.S. Agent. Sir R. Dundas, Clerk. MINUTE FOR John Stuart, Accountant in Edinburgh, Interim-Factor and Trustee elected on the Sequestrated
- Mitchell v. Kerr and Shearer — Petition, 15 Jul 1779
- Patrick Sellar and James Thomson v. Patrick Duff and Robert Bain — Productions, 20 Oct 1808 [3]
- Patrick Somerville v. Thomas Wilson — Answers, 13 Jan 1767
- Peter Lang v. Ann M'Cartney Hill or Lang — Bill of Advocation, 17 Mar 1848
- Peter Walker v. Matthew Turnbull — Reclaiming Note, 14 Feb 1843
- Petition — Alexander Milne and Company, Merchants and Flax-spinners in Dundee, and Alexander Milne, Senior, and Patrick Milne, both Merchants in Dundee, Surviving Individual Partners of that Company, Creditors to the extent required by law of Alexan… [2]
- Petition — George Alexander
- Petition — I.—PETITION for Sequestration of the Estate of William Scott, deceased
- Petition — Janet M'Donald for a Meditatione Fugæ Warrant. the Petition of Janet Macdonald, Wife of Donald Chisholm, Tackman of Kinleod, and Miller and Innkeeper in Arafaig
- Petition — W. Ramsay against Lord Eldin's Interlocutor
- Petition — William Rodger against Lord Alloway's Interlocutor [2]
- Reclaiming Note, Mrs. Margaret Campbell and Husband against Lord Moncreiff's Interlocutor
- Reid v. Lord Craig's Interlocutor — Petition, 20 May 1794
- Rev. Mr James Izat v. Right Honourable Thomas Lord Dundas — Answers, 18 Jun 1799
- Scott — Petition, 12 Jun 1795
- The Magistrates and Town-Council of Paisley v. The Freeholders and Commissioners of Supply of the County of Renfrew — Information, 6 Sep 1792
- Thomas Mitchell v. William Cuddie — Answers, 18 Apr 1822
- Thomas Moffat, William Chalmers and Alexander Thomson v. Armstrong and Son, David Mathieson, William Wilson senior, James Alves and James Thomson — memorial, 1 Jul 1800
- Vol-432-175-201 unsorted seg080
- William and Henry Knox and Co Merchants in Dunbar v. William Law, Esq Sheriff-depute of Haddington, and Others — Petition, 18 Jul 1771
- William Fulton v. Alexander Watt — Bill of Advocation, 10 Apr 1849 [2]
- William Muirhead v. John Gillies and Others — Information, 8 Jan 1793
- William Wotherspoon v. Robert Wark — Reclaming, 20 Dec 1831
