Sheriff Court - History

History

The office of sheriff dates from the early days of the Scottish monarchy. Generally, one of the more powerful local lords in each county was appointed and the office became hereditary in his family. The original purpose of the sheriff was to exercise and preserve the King's authority against the rival powers of the local lords and the sheriff became the local representative of the King in all matters, judicial and administrative. The sheriff dispensed the King's justice in his county in the Sheriff Court. The hereditary sheriff later delegated his judicial functions to a trained lawyer called a sheriff-depute. The Heritable Jurisdictions Act of 1747 abolished the office of hereditary sheriff and the sheriff-depute soon became sheriff.

At first, only the sheriff of the Lothians and Peebles (who sat at Edinburgh) and the sheriff of Lanarkshire (who sat at Glasgow) were full-time appointments. Since the part-time sheriff-depute was not compelled to reside within his sheriffdom and could carry on his practice were as advocate, it became common for a depute to appoint a sheriff-substitute who acted in his absence. Over time, the judicial duties of the depute were entirely assumed by the substitute and the depute became a judge of appeal from the decisions of his substitute.

The Sheriff Court (Scotland) Act 1870 combined the thirty counties of Scotland into fifteen sheriffdoms. Until 1877, the sheriffs-substitutes were appointed by the sheriffs-deputes; after 1877, that right was reserved to the Crown.

The civil procedure before the Sheriff Court underwent a "major overhaul" with the enactment of the Sheriff Courts (Scotland) Act 1907.