Merchant Shipping Acts, Limitation of Liability under Mondays, Disposal of Cases on Motions-Incidental, in Summons Procedure. Printing-Generally 118 In connection with Reclaiming Notes and Appeals 90, 91 59 107 The Acts of the Parliaments of Scotland (i.e. prior to the Union in 1707) are cited from the widely-used duodecimo edition based on that of Murray of Glendook. In both these editions the year 1532 is erroneously printed as 1537. If the Record Edition is consulted for the enactments of the year 1532 (A.P. II., 335, c. 2), reference should also be made to the Act of Sederunt of 27th THE ROYAL WARRANT. GEORGE THE FIFTH BY THE GRACE OF GOD of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, to Our Right Trusty and Well-beloved Counsellor JAMES AVON CLYDE, Lord President of the Court of Session: * Our Right Trusty and Well-beloved Counsellor WILLIAM GRAHAM, Member of Parliament : Our Trusty and Well-beloved Sir JAMES ADAM, Knight, Commander of Our Most Excellent Order of the British Empire, one of Our Counsel learned in the Law: Our Trusty and Well-beloved JOHN LEAN WARK, Sheriff of Argyll, one of Our Counsel learned in the Law: Our Trusty and Well-beloved WILLIAM MEFF, Esquire: Our Trusty and Well-beloved WILLIAM CAMPBELL JOHNSTON, Esquire, Deputy-Keeper of the Signet : Our Trusty and Well-beloved JOHN ARCHIBALD ROXBURGH, Colonel (retired), holder of the Volunteer Officers' Decoration: Our Trusty and Well-beloved WILLIAM JOHN TAYLOR, Esquire : Our Trusty and Well-beloved ROBERT COLLIER THOMSON, Esquire: Our Trusty and Well-beloved WILLIAM MARTIN WHITELAW, Esquire: GREETING : WHEREAS We have deemed it expedient that a Commission should forthwith issue to enquire into the constitution and jurisdiction of the Court of Session, as a Court of first instance and as a Court of Appeal, the forms of writs and pleadings and the rules of procedure in use and in force in the said Court, the numbers, duties and emoluments of clerks and officers acting therein, and the rights and privileges of agents practising before the Court; into the jurisdiction, powers, duties and functions of the Sheriffs Principal, and into the statutory and other enactments regulating any of the said matters, with a view to ascertaining what changes and improvements might be made respecting any of the said matters in order to secure the more speedy, economical and satisfactory despatch of the business now transacted in the Court of Session or before or by the Sheriffs Principal. Now KNOW YE that We reposing great trust and confidence in your knowledge, discretion and ability have nominated, constituted and appointed, and do by these presents nominate, constitute and appoint you the said James Avon Clyde (Chairman), William Graham, Sir James Adam, John Lean Wark, William * In view of the dates fixed for the meetings of the Commission and the pressure of Parliamentary business, the Right Hon. William Graham, M.P., in May 1926, resigned his membership of the Commission. Meff, William Campbell Johnston, John Archibald Roxburgh, William John Taylor, Robert Collier Thomson and William Martin Whitelaw to be Our Commissioners for the purposes of the said Enquiry. AND FOR THE better effecting the purposes of this Our Commission, We do by these presents give and grant unto you or any three or more of you full power to call before you, or any three or more of you, such persons as you shall judge most competent by reason of their situation, knowledge or experience, to afford you correct information upon the subject of this Our Commission; and also to call for, have access to and examine all such books, documents, registers and records as may afford you the fullest information on the subject and to enquire of and concerning the premises by all other lawful ways and means what soever. AND WE DO further by these presents authorise and empower you or any of you to visit and personally inspect such places as you may deem expedient so to inspect for the more effectual carrying out of the purposes aforesaid: AND WE DO by these presents will and ordain, that this Our Commission shall continue in full force and virtue, and that you Our said Commissioners, or any three or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment. AND OUR FURTHER Will and Pleasure is that you or any three or more of you may have liberty to report to Us your proceedings under this Our Commission from time to time if you shall judge it expedient so to do. AND WE FURTHER ordain that you do with as little delay as possible report to Us under your hands and Seals or under the hands and Seals of any three or more of you your opinion upon the matters herein submitted for your consideration. IN WITNESS WHEREOF We have ordered the Seal appointed by the Treaty of Union to be kept and made use of in place of the Great Seal of Scotland to be appended hereto. Given at Our Court at Saint James's the twenty-sixth day of January in the year one thousand nine hundred and twenty-six and in the sixteenth year of Our Reign. PER SIGNATURAM MANU S.D.N. REGIS SUPRA SCRIPTAM. Written to the Seal and Registered, and Sealed at Edinburgh, the thirtieth day of January in the year one thousand nine hundred and twenty-six. (Signed) J. C. STRETTELL MILLER, Director of Chancery and Depute Keeper of the Seal. ROYAL COMMISSION ON THE COURT OF SESSION AND THE OFFICE OF SHERIFF PRINCIPAL. TO THE KING'S MOST EXCELLENT MAJESTY. MAY IT PLEASE YOUR MAJESTY, WE the undersigned Commissioners appointed by Your MAJESTY'S ROYAL WARRANT, dated the 26th and sealed the 30th, both days of January 1926, "to enquire into the constitution and "jurisdiction of the Court of Session, as a Court of first instance and as a Court of Appeal, the forms of writs and pleadings and "the rules of procedure in use and in force in the said Court, the "numbers, duties and emoluments of clerks and officers acting therein, and the rights and privileges of agents practising before the Court; into the jurisdiction, powers, duties and functions of the Sheriffs Principal and into the statutory and other enactments regulating any of the said matters, with a view to ascerItaining what changes and improvements might be made respecting any of the said matters in order to secure the more speedy, economical and satisfactory despatch of the business now transacted in the Court of Session or before or by the Sheriffs "Principal," humbly beg leave to submit to your Majesty our Report. In obedience to Your Majesty's command, we immediately entered upon the enquiry committed to us. Our proceedings were commenced by inviting the learned Judges of the Court of Session and a large number of commercial, municipal, and professional bodies to tender précis of evidence which, if desired by the Commissioners, they would be prepared to supplement viva voce. Other individuals and societies volunteered to give evidence. With one exception, précis were received from all those who desired or were willing to give evidence. These précis, along with the relative oral evidence and other information supplied to us, are published as the second volume of this Report. We desire respectfully to put on record our appreciation of the services of the witnesses who assisted us in this way, and at various informal interviews. Our other principal sources of information have been the Scottish Judicial Statistics (to which we shall again refer) and the Reports of the Law Courts (Scotland) Commission, 1868-71, the Departmental Committee on Minor Legal Appointments in Scotland, 1910-11 (hereinafter referred to respectively as "The Law Commission of 1868" and "Lord Salvesen's Committee "), and |