Criminal Procedure (Scotland) Act 1887

44 High Court of Justiciary

From and after the time fixed for the commencement of this Act, all sittings of the Court of Justiciary in Scotland shall be sittings of the High Court of Justiciary, and every person who shall be appointed to the office of one of the senators of the College of Justice in Scotland shall, in virtue of such appointment, be a Lord Commissioner of Justiciary in Scotland, and all the senators of the College of Justice now in office, who are not Lords Commissioners of Justiciary, are hereby appointed to be Lords Commissioners of Justiciary, and every senator of the College of Justice, other than the Lord Justice General and Lord Justice Clerk, shall officiate in rotation as Lord Ordinary on the Bills in vacation : Provided always, that the five presently existing Lords Commissioners of Justiciary, other than the Lord Justice General and Lord Justice Clerk, shall not be required to officiate as Lord Ordinary on the Bills, and shall, in the High Court of Justiciary, take precedence of those senators of the College of Justice who are created Lords Commissioners of Justiciary by this Act: Provided also, that, if any of the said five presently existing Lords Commissioners of Justiciary shall not officiate as Lord Ordinary on the Bills in vacation, he may be required to officiate with greater frequency than other Lords Commissioners of Justiciary at sittings of the High Court of Justiciary in Edinburgh or elsewhere ; and if any difference shall arise as to the rotation of judges in the High Court of Justiciary, or in the Bill Chamber, the same shall be determined by the Lord Justice General.