The estimated cost of the preparation of this Report and Summary of Evidence (including the expenses of the Commission, of which expenses £120 was for clerical assistance) is £1240. Of this sum £110 represents the estimated cost of printing and publishing this Report.

The Summary of Evidence is published in a separate Volume.

CONTENTS.

(NOTE.-More detailed summaries of contents than the following
will be found at the head of each chapter. It is intended that the
two sets of summaries should also serve as an index. Recommenda-
tions-both positive and negative-are printed in the body of the
Report in small capitals.)

General causes of fluctuations-Distribution of business between

the Court of Session and the Sheriff Courts-Long-period tendencies

-The present position.

CHAPTER II.-CONSTITUTION AND JURISDICTION OF THE COURT OF

SESSION.

Historical survey-Proposals for decentralisation of the Supreme

Court-Matters relating to the Judges-Interchangeability of

duties and formation of a Third Division-Proposals affecting Juris-

diction (Consistorial Cases, Companies Acts, Maritime Liens, Arbitra-

tion Proceedings, and Applications by Trustees for Directions)

CHAPTER III.-ARRANGEMENT OF BUSINESS IN THE COURT OF SESSION

AND BILL CHAMBER: CONTROL OF PROCEDURE.

Functions of Inner and Outer Houses and Bill Chamber-Pro-

posals for reorganisation of the work of the Court, including the

transfer of all original jurisdiction (with a few exceptions) to the

Outer House-Proposals for simplifying the distribution of the work

of the Court, including abolition of "Marking and unification of

Offices of Court (see also Chapter X.)-Assignment of special duties

to Judges-Control of Forms and Procedure.

CHAPTER IV.-SESSIONS AND VACATIONS.

13

27

48

Proposals

60

Historical- -Present arrangements-English sittings

for extension of sittings-Monday and Saturday sittings-Vacation

business

CHAPTER V.-PROPOSED COMMERCIAL AND ADMIRALTY LIST.

Convenience of a special list for Admiralty and Commercial cases

-Nature of English Commercial Court-Special simplified pro-

cedure desirable rather than a separate Court-The Preliminary Act

in maritime collision cases- -Proposals for special procedure in

Admiralty and Commercial cases.

67

CHAPTER VI.-ORDINARY FORMS OF PROCESS AND PROCEDURE IN

THE OUTER HOUSE.

Summonses: Warrants for diligence and arrestments Signing

and signeting of summonses-Edictal citation-Induciæ, Calling,

Entry of Appearance, Time for Defences-The Record-Counter-

claims-Motion Roll-Recovery of Documents-Procedure Roll-

Proofs

Petitions: Motions-Remits

CHAPTER VII.-ORDINARY FORMS OF PROCESS and Procedure in the

INNER HOUSE.

Mode of reclaiming - Reclaiming days - Time for Appeals -

Single Bills-Boxing and Printing (see Chapter IX.)-Summar and

Short Rolls-Order of Debate" Notes in the Inner House-

Judgments, mode of delivery of

CHAPTER VIII.-TRIAL BY JURY AND OTHER SPECIAL FORMS OF

PROCESS AND PROCEDure.

"

"

Jury Trial: History-Proposed abolition of jury trials in civil

causes-Appropriation of certain cases to jury trial-" General

Issues versus Specific Questions "-Special and Common Jurors

-Majority Verdicts-Disagreement of Juries-Illness of jurors-

Review of verdicts

Other Special Forms: Exchequer causes, etc.-Revenue proceed-

ings generally-Consequential Actions and Proceedings-Custody

of Children - Actions of Furthcoming - Actions of Arrestment

and Sale-Applicability of proposed changes to Sheriff Courts-Recal

of Arrestments and Inhibitions-Petitions for Limitation of Liability

under the Merchant Shipping Acts-Caution for recal or loosing of

Arrestments, etc. Conclusions in Salvage Actions-Choosing

Curators-Extracts-Poor's Roll-Appeal to House of Lords

CHAPTER IX.-PARTICULAR FACTORS OF THE COST OF LITIGATION.

General dimensions of costs-Chief factors and their distribution-

Fees of Counsel and Agents-Advocates' Clerks-Agency Terms

(sharing of fees)-Printing and Boxing-Shorthand Writers-

Copies of Notes of Evidence and of Judges' Opinions-Fee-Fund

Dues

CHAPTER X.-OFFICES AND OFFICERS OF COURT.

Unification of the Offices of Court and reorganisation of the clerical

staff-Present staff and their duties-Staff necessary for reorganised

Office Qualifications and salaries of unified staff-Assimilation of

existing staff-Offices not included in the Unification scheme The

Extractor's Office-Appointment and Patronage.

CHAPTER XI.—THE Office of SheRIFF PRINCIPAL

140

CONCLUSION

158

RESERVATIONS regarding the Office of Sheriff Principal, by Sir William

Meff and Mr Thomson

159

APPENDICES.

I. Return of Number of Actions in the Court of Session and Sheriff

Courts in each of the years from 1875 to 1924 inclusive

PAGE

164

II. Statistics of Composite Legal Business, i.e. Business in Court of

Session, Bill Chamber, and Ordinary Actions in Sheriff Courts,

from 1877 to 1924 inclusive .

III. Classified Statement of the Number of Actions ended by Final

Judgment in the Inner House, Outer House, and Sheriff Courts

respectively, from 1898 to 1924 inclusive

167

168

IV. Averages (various) for periods of five years ended 1907 and 1912

respectively

169

V. Return of Cases initiated in the Outer House from 1781 to 1924

inclusive

170

VI. Statistics of Unemployment from 1875 to 1924 inclusive

171

VII. Table of judicial time of Judges of the Court of Session occupied in

the work of the Court of Justiciary

172

IX. Short Form of Summons, with specimens of Conclusions

X. Reclaiming Procedure-References to Statutes

177

180

DIAGRAMS.

(A. B. C. and D. are comparisons with the line of Unemployment and
cover the period 1875 to 1924).

A. Composite Law Courts Business

B. Sheriff's Ordinary Court Business

C. Outer House Business

D. Inner House Business

E. Fluctuations of Business in various Courts compared .

F. Actions initiated in Outer House, 1781 to 1924 inclusive

Facing pages

>16/17

22

23

G. Fluctuations of Sheriff Court Ordinary Actions and Appeals compared .

143

NOTE OF REFERENCES TO RECOMMENDATIONS
-BOTH POSITIVE AND NEGATIVE-MADE

Consequential Actions, etc. (Furthcoming, Declarator and Furthcoming,

Constitution of Court-Decentralisation and Institution of Glasgow Branch
Copies Of Judges' Opinions

34

120

Exchequer Causes and Proceedings re Assessment and Recovery of Taxes.

Extracts, Form of

101

107