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The office of Sheriff in Scotland originates in the twelfth century in the reign of King David I (1124-1153). At this date, sheriffs had administrative and military responsibilities (including the execution of royal writs and the collection of royal taxation) as well as judicial powers, and were effectively the Crown's representatives in the localities. The sheriffs, however, were sometimes freer from central direction than they should have been and from the 15th century at latest the office of sheriff became heritable in many parts of Scotland. Franchise courts (eg barony or regality courts) intercepted some cases which would have been dealt with by sheriffs had the Crown not in the first place created the franchises which carried the power to deal with certain judicial matters. The inefficiency of the sheriff courts and the legal ignorance, corruption or partiality of the sheriffs and their deputes were widespread and forced many to seek justice from central courts. The Scottish parliament sought repeatedly to tackle the shortcomings of the sheriff courts but their measures were generally without effect, disregarded by the sheriffs who could earn important income from the office in fees and bribes.
The abolition of all heritable jurisdictions (including heritable sheriffdoms) under the Heritable Jurisdictions (Scotland) Act 1747 (20 Geo. II, c.43), effective from 1748, conferred great status and authority on the new sheriff courts and wide civil and criminal jurisdiction. Many of the functions of the abolished franchise courts now fell to the sheriff courts. The act appointed 29 advocates, or 'sheriffs depute', who were required to be advocates of at least three years standing. Subsequent legislation further tightened up the legal qualifications, residence requirements and payment and tenure of the main officers - the sheriff depute, sheriff substitute and sheriff clerk. Sheriffs substitutes were paid by the Crown from 1787, but continued to be appointed by the sheriffs depute up to 1877. Meanwhile their standing was slowly enhanced. Sheriffs depute could be styled sheriffs from 1828 (Circuit Courts [Scotland] Act 1828: 9 Geo. IV, c.29), and under the Sheriff Courts (Scotland) Act 1971 (c.58) they were designated sheriffs principal. At that time the sheriff substitute obtained the designation sheriff.
From the later 18th century onwards, both the civil and criminal jurisdiction of the court expanded. Duties were delegated from an over-burdened Court of Session. A series of acts from 1823 to 1876 saw the responsibilities of the Commissary Courts passed to sheriffs (notably Commissary Courts [Scotland] Act 1823 [4 Geo. IV, c.97] and Sheriff Courts [Scotland] Act 1876 [39 & 40 Vict., c. 70]); and maritime causes formerly before the Admiralty Court were passed to the sheriff court on its abolition in 1830 (Court of Session Act 1830: 1 Will. IV, c.69). Increasingly the power of the Justice of the Peace courts and burgh courts were eroded in favour of sheriff courts.
Other extensions of jurisdiction include powers in bankruptcy and matters of heritable rights (Sheriff Courts [Scotland] Act 1877: 40 & 41 Vict., c.50). Jurisdiction over compensation from an employer to an employee injured in the course of the employment arose from the Workmen's Compensation Act 1897 (60 & 61 Vict., c.37). The Adoption of Children (Scotland) Act 1930 (20 & 21 Geo.V, c.37) and subsequent legislation gave authority to make adoption orders to the Court of Session or to the sheriff court within whose jurisdiction either the child or the applicant resided: most cases are heard by sheriffs. Under the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12) actions for divorce may now be brought before the sheriff court. In criminal matters the sheriff's sentencing powers are limited by the severity of offences, and remits to the High Court of Justiciary for significant custodial sentences may be required. In general, sheriffs are competent to deal with all crimes except treason, murder, attempt to murder and rape. Appeals from the sheriff courts (where applicable) can be made to the Court of Session or High Court of Justiciary.
Sheriffs have always had important administrative as well as judicial duties within their bounds: some of these duties were accorded to sheriffs as they were the Crown's principal officers within their localities. Examples include control of burials and burial grounds, functions concerning roads and bridges, duties under Registration Acts, the confirmation of local authority bye-laws and extensions of burgh boundaries. Important duties for sheriff courts are the holding of inquiries into fatal accidents or sudden deaths under the Fatal Accident Inquiries (Scotland) Act 1895 (58 & 59 Vict., c.36) and the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1906 (6 Edw. VII, c.35).
Sheriff courts have been reduced or increased in number over the years, depending on the quantity of business transacted. This was sometimes done by statute: in 1870, for example, by the Sheriffs (Scotland) Act (1853) Amendment Act 1870 (33 & 34 Vict., c.86). Currently Scotland is divided into six regions called Sheriffdoms. Each Sheriffdom has a Sheriff Principal who in addition to hearing appeals in civil matters has responsibility for the conduct of the courts. Within these Sheriffdoms there are a total of forty-nine Sheriff Courts. Aberdeen Sheriff Court is in the Sheriffdom of Grampian, Highland and Islands.
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