Crown in the Assembly, takes no share in the debates; and it has been even maintained that the Assembly may proceed to business without him. Great care, however, is now taken to prevent collision between the powers of the Assembly and the Crown. Though the Commissioner be absent, the Assembly does not resolve itself into a committee, or report its proceedings on his return. Nor does he assert any right to be made acquainted with its proceedings.

2233. When the Moderator appoints the next Assembly to meet on a particular day of the following year, "in the name of the Lord Jesus Christ, the King and Head of the Church," the Commissioner invariably appoints the same day "in the Queen's name."

2234. The first act of the Assembly is to choose a Moderator, who is always one of the ministers on the roll of members of that Assembly. He is usually proposed by the preceding Moderator; it being competent, however, for any member to propose another candidate. The General Assembly has also a procurator, or assessor, who is always a member of the bar, and an agent, who is a writer to the signet,-principal and depute clerks, printers, and other officials.

2235. The General Assembly acts both in a legislative and a judicial capacity. Legislative measures are introduced in the form of overtures--i.e. proposals or suggestions, which may originate with a member of Assembly, a presbytery, a synod, or with a committee appointed by the Assembly itself for the purpose. When an overture has been adopted by the General Assembly, it is transmitted to the several presbyteries, with injunctions to report on it to the next General Assembly. "If the more general opinion of the Church agree thereto" (Barrier Act, Jan. 8, 1697, Act. ix.; Cook's Practice, 266, 267), that is to say, a majority (or forty-two presbyteries) have reported in its favour, it may then pass into a law. In cases requiring greater despatch, the Assembly is in use to pass interim Acts,

which are binding till the meeting of the next Assembly, and may be continued till the overture either passes into a law or is finally rejected.

2236. Private questions are brought before the Assembly as a court of law by petition; and it is usual for the party to be represented by counsel, who also appear not unfrequently in the inferior ecclesiastical courts, except the kirk-session, before which law agents are not allowed to practise.

2237. The annual session of the General Assembly is ten days, and such business as it is unable to overtake during this time is referred to "the Commission.”

2238. The Commission consists of all the members, with the addition of one minister named by the Moderator. Thirty-one members make a quorum, provided that twenty-one of these are ministers.

2239. The stated meetings of the Commission take place on the day after the dissolution of the Assembly, on the second Wednesday of August, the third Wednesday of November, and the first Wednesday of March; but it is competent for the Moderator to call a special meeting of the Commission on any emergency.

2240. The proceedings of the General Assembly are generally liable to review in the civil court, when they affect either the patrimonial interest or other civil rights of individuals, and in all cases in which they exceed the power conferred upon them by statute or common law.

2241. The various bodies of Dissenters from the Presbyterian Church of Scotland are governed by organizations distinct from, but analogous to, that of the Established Church.

CHAPTER IV.

OF THE PRACTITIONERS OF THE LAW.

2242. In Scotland, as elsewhere, the practitioners of the law are divided into various classes, who perform functions essentially different.

2243. (1.) Advocates.-This is the name by which members of the bar are known in Scotland, as in France. Their position with reference to the other branches of the profession is the same as that of barristers in England.

2244. They possess the exclusive privilege of pleading in the Supreme Courts, and are entitled to plead in all the other courts, civil, criminal, and ecclesiastical, including the House of Lords in Scotch appeals, and the Colonial Courts. The Supreme Judges and principal Sheriffs always, and the Sheriff-substitutes generally, are selected from the bar.

2245. The origin of the profession in Scotland is probably of very early date. In 1424 (1424, c. 24) provision is made for securing the assistance of its members to pauper litigants. But the existence of the Faculty or Society of Advocates is coeval with the institution of the College of Justice, in 1532.

2246. The number of members of this body, which at first was limited to ten, has long been unlimited. At present it consists of about 350 members, perhaps one-fourth of whom are engaged in practice.

2247. The Faculty is presided over by a Dean, elected by its members, who is usually the most prominent practitioner for the time being; and by him, assisted by a council, its affairs are managed.

2248. Admission to the body is preceded by two examinations-the first being in general scholarship, the second in Law.

2249. The degree of Master of Arts of any British university, or such a degree of a foreign university as, in the opinion of the Dean and his council, affords evidence of the same amount of scholarship as that afforded by the degree of Master of Arts of a Scottish university, is accepted as an equivalent for the first examination. It is now the almost invariable practice for candidates to produce a diploma in Arts.

2250. A year must elapse between the first examination, or the presentation of the diploma as its substitute, and the second examination in the Civil Law of Rome, International Law, and the Municipal Law of Scotland; and this examination must be preceded by attendance on the Law classes in the University of Edinburgh.

2251. Both examinations are conducted by persons of learning, usually professors in the University of Edinburgh, who act as assessors to a committee of Faculty appointed by the Dean.

2252. The fees of admission to the Faculty are about £336. 2253. The library of the Faculty of Advocates, which was founded by Sir George Mackenzie in 1682, is the most extensive and valuable in Scotland. It consists of about 300,000 volumes, and is particularly rich in Mss. relating to the history of Scotland. It has been already mentioned, under the head of Copyright, that the Advocates' Library is entitled to a copy of every work entered at Stationers' Hall.

2254. (2.) Writers, or Clerks to the Signet, are the highest class of law agents.

2255. Their functions in litigation are those of attorneys and solicitors in England, and they also act very extensively as conveyancers and managers of private affairs. When viewed in the latter capacity, they are usually spoken of as agents, comissioners, or factors for the parties.

2256. Prior to the statute 36 and 37 Vict. c. 63, writers to the signet could practise as such only in the Supreme Courts, but they had the privilege of practising before the Sheriff Courts

in all matters that had been transferred by statute from the Supreme Courts to the Sheriff Courts. Under the provisions of the above statute, every enrolled law agent shall, on paying the appropriate stamp duty and subscribing the roll of law agents, be entitled to practise in any court of law in Scotland. Law Agent includes writers to the signet, solicitors in the Supreme Courts, procurators in the Sheriff Courts, and every person entitled to practise as an agent in a court of law in Scotland. Any person may become an enrolled law agent who possesses the qualification of a law agent, or who shall be in the future admitted as a law agent in terms of the provisions of the statute. A roll is also directed to be kept by the clerk of the Lord President of the law agents practising before the Court of Session; and any enrolled law agent who has paid the stamp duty exigible by law on admission to practise as an agent in the Court of Session, shall be entitled to subscribe the said roll, and thereupon to practise as an agent in the Court of Session. In the same way a roll is kept by the Sheriff-clerk of every county, upon subscribing which any enrolled law agent becomes entitled to practise in the Sheriff Courts of that county. But in no case can an agent borrow a Court of Session process unless he has a place of business in Edinburgh or Leith, nor a Sheriff Court process unless he has a place of business within the jurisdiction.

2257. The name (writer to the signet) is said to have originated in the first members of the body having been clerks in the office of the Secretary of State, by whom writs passing the King's signet were prepared; and they still possess the exclusive privilege of preparing the warrants of charters of land flowing from the Crown, of signing summonses citing parties to appear in the Court of Session, and all other writs that pass the signet-as, diligences for affecting the person or estate of the debtor, or for compelling implement of the decrees of the Supreme Court.