Scottish Court Of Exchequer
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Scottish Court Of Exchequer
The Court of Exchequer was formerly a distinct part of the court system of Scotland, with responsibility for administration of government revenue and jurisdiction of adjudicate on cases relating to customs and excise, revenue, stamp duty and probate. In 1856 the Court of Session was designated as the Exchequer Court, which now carries out its judicial functions. Following the merger of the two courts a Lord Ordinary, one of the Senators of the College of Justice, is designated as the ''Lord Ordinary in Exchequer cases''. History The date of establishment of an Exchequer Court is unknown because of the loss of ancient records. Originally, Crown revenues were managed by overseers who came to be known as the ''Lords Auditors of the Checker'', later ''King's Compositors'', then ''Lords of Exchequer''. There is evidence that the Lords Auditors of Exchequer were sitting as a court by 1500, but under the jurisdiction of the King's Council. Charles I of Scotland appointed ''Lords Commis ...
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Scottish Court System
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues. The judiciary of Scotland, except the Lord Lyon King of Arms, are united under the leadership and authority of the Lord President and Lord Justice General, who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act 2014 ...
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Lord High Treasurer
The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Acts of Union of 1707. A holder of the post would be the third-highest-ranked Great Officer of State in England, below the Lord High Steward and the Lord High Chancellor of Great Britain. The Lord High Treasurer functions as the head of His Majesty's Treasury. The office has, since the resignation of Charles Talbot, 1st Duke of Shrewsbury in 1714, been vacant. Although the United Kingdom of Great Britain and Ireland was created in 1801, it was not until the Consolidated Fund Act 1816 that the separate offices of Lord High Treasurer of Great Britain and Lord High Treasurer of Ireland were united into one office as the 'Lord High Treasurer of the United Kingdom of Great Britain and Ireland' on 5 January 1817. Section 2 of the Consolidated Fund Act 1816 also provides that "whenever there shall not be Lord High Treasurer of the United Kingdo ...
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James Ogilvy, 4th Earl Of Findlater
James Ogilvy, 4th Earl of Findlater and 1st Earl of Seafield, (11 July 166419 August 1730) was a Scottish politician. Life Findlater was the 2nd son of James Ogilvy, 3rd Earl of Findlater and Lady Anne Montgomerie, a daughter of Hugh Montgomerie, 7th Earl of Eglinton. He was elected to the Faculty of Advocates in 1685, and was a Commissioner to the Parliament of Scotland for Cullen, Banffshire from 1681 to 1682 and from 1689 to 1695. Although in the Convention Parliament of 1689 he had spoken for James II, he took the oath of allegiance to William and Mary, and after filling some minor official positions he was appointed to senior roles. Upon his royal appointment as Secretary of State in 1696 he relinquished his representation of Cullen and continued in parliament instead by right of his office. Findlater was Solicitor General for Scotland from 1693, Lord Chancellor of Scotland from 1702 to 1704 and from 1705 to 1708, Secretary of State from 1696 to 1702 and joint secreta ...
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Commissioners Of Income Tax
A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to include a variety of senior officials, often sitting on a specific commission. In particular, the commissioner frequently refers to senior police or government officials. A high commissioner is equivalent to an ambassador, originally between the United Kingdom and the Dominions and now between all Commonwealth states, whether Commonwealth realms, republics or countries having a monarch other than that of the realms. The title is sometimes given to senior officials in the private sector; for instance, many North American sports leagues. There is some confusion between commissioners and commissaries because other European languages use the same word for both. Therefore titles such as ''commissaire'' in French, ''Kommissar'' in German and ''com ...
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Act Of Sederunt
An Act of Sederunt ( ; meaning a meeting or sitting of a court) is secondary legislation made by the Court of Session, the Supreme court, supreme Civil law (common law), civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval. Following Scottish devolution and the establishment of the Scottish Parliament, Acts of Sederunt are made as Scottish statutory instruments. Previously, Acts were made as United Kingdom Statutory instrument (UK), statutory instruments, and before that were a separate class of legislation. History College of Justice Act 1532 The Court of Session—more accurately the College of Justice—was establi ...
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Enactment (British Legal Term)
In the law of the United Kingdom, the term enactment may refer to the whole or part of a piece of legislation or to the whole or part of a legal instrument made under a piece of legislation. In ''Wakefield Light Railways Company v Wakefield Corporation'', Ridley J. said: In ''Postmaster General v Birmingham Corporation'', Roache LJ said "I am unable to accept the ingenious argument that the word 'enactment' in" section 7 of the Telegraph Act 1878 "refers to special or ad hoc enactments dealing with specific works and does not refer to general enactments . . . No such limitation upon the word "enactment" is expressed, and in my judgement none can or should be implied." In ''Rathbone v Bundock'', Ashworth J said that in "some contexts the word "enactment" may include within its meaning not only a statute but also a statutory regulation but, as it seems to me, the word does not have that wide meaning in" the Road Traffic Act 1960. "On the contrary, the language used in a number of ...
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Lord President Of The Court Of Session
The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ''ex officio'', as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon. The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015. They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862. Remit and jurisdiction Head of the judiciary As Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of th ...
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Court Of Session Act 1988
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposab ...
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Outer House
The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House. Those appeals are made from the Sheriff court, the court of first instance for low value civil causes in the court system of Scotland. Judges in the Outer House are referred to as "Lord ame or "Lady ame, or as Lord Ordinary. They are drawn from the Senators of the College of Justice and they sit singly, sometimes with a jury of 12 in personal injury and defamation actions. Jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute. Some classes of cases, such as intellectual property disputes and exchequer causes, are heard by designated judges. Prior to 1856 the jurisdiction for exchequer causes was that of the Court of Exchequer, wh ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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National Archives Of Scotland
The National Archives of Scotland (NAS) is the previous name of the National Records of Scotland (NRS), and are the national archives of Scotland, based in Edinburgh. The NAS claims to have one of the most varied collection of archives in Europe. It is the main archive for sources of the history of Scotland as an independent state (see Kingdom of Scotland), her role in the British Isles and the links between Scotland and many other countries over the centuries. The NAS changed its name from the Scottish Record Office on 7 January 1999 and is both an associated department and Executive Agency of the Scottish Government, headed by the Keeper of the Records of Scotland. The agency is responsible to the Scottish Minister for Europe, External Affairs and Culture. Its antecedents date back to the 13th century. It is responsible for selecting, preserving, and promoting and making available the national archives of Scotland. It also has a role in records management more generally. The ...
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