Heritable Jurisdictions (Scotland) Act 1746

Heritable Jurisdictions (Scotland) Act 1746[1]
Act of Parliament
Long titleAn Act for taking away and abolishing the Heretable Jurisdictions in Scotland; and for making Satisfaction to the Proprietors thereof; and for restoring such Jurisdictions to the Crown; and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King’s Courts and Judges there; ...and for rendering the Union of the Two Kingdoms more complete.
Citation20 Geo. 2. c. 43
Territorial extent Kingdom of Great Britain
Dates
Royal assent17 June 1747
Other legislation
Amended byStatute Law Revision Act 1867
Relates toActs of Union 1707
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Heritable Jurisdictions (Scotland) Act 1746 (20 Geo. 2. c. 43) was an Act of Parliament passed in the aftermath of the Jacobite rising of 1745 abolishing judicial rights held by Scots heritors. These were a significant source of power, especially for clan chiefs since it gave them a large measure of control over their tenants.

The position of sheriff-principal originated in the 13th century and still exists in modern Scotland. Originally appointed by the Crown, over the centuries the majority had become hereditary, the holders appointing legal professionals known as Sheriff-deputes to do the work. The Act returned control of these to the Crown.[2]

Since Article XX of the 1707 Acts of Union recognised these rights as property, compensation was paid to the deprived heritors.[3] The act received royal assent on 17 June 1747, but is dated 1746 under the convention of the time which assigned acts to the year in which that sessions of parliament began sitting.

  1. ^ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ^ "Abolition of Heritable Jurisdictions Act." Encyclopædia Britannica. 2008. Encyclopædia Britannica Online. accessed 27 August 2008.
  3. ^ Original text of the Act of Union Archived 26 February 2015 at the Wayback Machine