order Defences more satisfactory and correct to be given in, and give Decree against the Defender for the Expence occasioned by his imperfect or evasive Defences; and the Expences awarded in this preliminary Adjustment of the Summons and Defences, when an amended Summons or additional Defences shall be ordered, shall, at lodging such amended Summons or Defences, be paid over to the Clerk for Behoof of the Pursuer or of the Defender, as the Case may be, without which the amended Summons or Defences shall not be received; and the Lord Ordinary's Deter- Determination mination, thus dismissing the Action, or ordering an Amendment of Lord Ordiof the Libel, or more satisfactory Defences, with Expences, shall nary final, less Applicabe final, unless within Twenty one Days from the Date of the Interlocutor Application shall be made, as hereinafter directed, to have the Interlocutor reviewed by the Inner House. tion. VII. And be it further enacted, That where the Lord Ordinary The Record to shall be satisfied that the Summons and Defences are in point of be completed. Fact sufficiently explicit, and correctly deduced in point of Law, and that no further Disclosure of Facts or of Pleas is necessary for the due Preparation of the Cause for Trial, he shall require the Parties to state positively whether they are willing to hold the Summons and Defences as containing their full and final State- Minute of Asment of Facts, and Pleas in Law; and if they agree so to do, then sent of Parties. the Clerk shall set forth in a Minute their Assent to that Effect, which shall be signed by the Counsel on each Side, and the Record shall forthwith be completed as hereinafter directed. Parties not agreeing are to put in Conde scendences and Answers. Order for Con and Answers. Nature and VIII. Provided always, and be it further enacted, That where the Parties do not agree to hold the Summons and Defences as setting forth fully the Facts and Pleas respectively founded on; or where the Lord Ordinary shall think fit, he shall order the Pursuer or Defender, as the Case may be, to give in, the one a Condescendence, the other an Answer, or mutual Condescendence. setting forth without Argument the Facts which they aver and offer to prove in support of the Summons and Defences; and in such Condescendence, Answers or mutual Condescendences, the descendence Parties shall, in substantive Propositions, and under distinct Heads or Articles, set forth all Facts and Circumstances pertinent to the Cause of Action or to the Defence, and which they respectively allege and offer to prove; and along with such Condescendence or Answer, or mutual Condescendences, the Parties shall respectively produce all Writings in their Custody or within their Power, not already produced, on which they mean to found. IX. And be it further enacted, That as soon as the Condescendences or Condescendence and Answers shall be lodged, the Parties shall respectively revise their Condescendences and Answers, and make such Alterations thereon as may appear to them revised. to be necessary, in order fully to meet the opposite Averments; and in order that the Averments of the Parties may be finally adjusted with due regard to the Matter of Law to be maintained by them respectively, each of the Parties shall, along with the Copy of his revised Condescendence or Answer, lodge with the Clerk, previous to the final Adjustment of the Record, a short and concise Note, drawn and signed by Counsel, of the Pleas in Law on which the Action or Defence is to be maintained; and in such Notes the Matter of Law so to be stated shall be set forth 4 GEO, IV. 3 R in Writings to be produced. Condescendence and An swers to be Notes of Law on which the Parties rely. Final Adjustment of Condescendences and Notes of Pleas. Condescendences and Notes to be signed by Counsel. Record made up to foreclose of Fact. in distinct and separate Propositions, without Argument, but accompanied by a Reference to the Authorities relied on. X. And be it further enacted, That the Parties shall appear before the Lord Ordinary, for the Purpose of finally adjusting their respective Averments in fact, and their Notes of Pleas, when it shall be the Duty of the Lord Ordinary to hear the respective Explanations of the Parties, and to examine as before directed with the Statement of the Facts respectively, and of the Pleas, as applicable to the Summons and Cause of Action and to the Defence, and to suggest any new Plea which may to him appear necessary to exhaust the whole disputable Matter in Law or Fact in the Cause, after which the adjusted Condescendences and Answers, and relative Notes of Pleas, shall be subscribed by the Counsel for the {Parties; and before any Order shall be pronounced or Judgment delivered, as to the Disposal of the Cause, the Record of the Pleadings as adjusted shall be authenticated by the Lord Ordinary by his Signature; and the Record so made Parties in point up and authenticated shall be held as foreclosing the Parties from the Statement of any new Averments in point of Fact; and no Amendment of the Libel or new Ground of Defence shall be allowed after the Record shall have been thus completed, under the Exception hereafter to be mentioned; the Pursuer, having it in his Power notwithstanding to abandon the Cause on paying full Expences or Costs to the Defender, and to bring a new Action if otherwise competent: Provided always, that it shall be competent to either Party in the Course of a Cause to state Matter of Fact noviter veniens ad Notitiam, or emerging since the Commencement of the Action, if on Cause shown Leave shall be obtained from the Lord Ordinary or the Court so to do, the said Party always paying, previous to stating such new Matter on the Record, such Expences as may be deemed reasonable by the Lord Ordinary or How such new the Court; and if Leave be granted, the new Matter shall within a Time to be limited be stated in the Shape of a specific Condescendence framed as above, accompanied by a Note stating the Plea in Law arising therefrom; and the adverse Party shall in such Case be ordered within a reasonable Time to put in his Answer to such Condescendence and Plea, to be adjusted and made a Part of the Record as before directed. Exception of Res noviter veniens ad Notitiam. Matter to be admitted on the Record. Note of Pleas to foreclose in point of Law; Exception of new Pleas admitted with XI. And be it further enacted, That the Pleas stated on the Record, and authenticated as before directed, shall be held as the sole Grounds of Action or of Defence in point of Law, and to which the future Arguments of the Parties shall be confined: Provided always, that where any new Plea or Ground in Law shall, after the Completion of the Record as before, be in the Course of the Cause suggested, either by the Lord Ordinary or by the Leave of Court. Judges in the Inner House, or by the Party, as fit to be discussed in relation to the Facts already set forth, it shall and may be competent, with Leave of the Lord Ordinary or of the Court, to add such Plea to the Note of Pleas authenticated by the Lord Ordinary as before. Regulations a to Orders for XII. And be it further enacted, That the Lord Ordinary shall, in every Instance, on due Consideration of the Circumstances, fix compelling the Time within which such Condescendences and Answers shall Parties to lodge be lodged, and such Time shall not be prorogated, except on Pay Payment of the Expences previously incurred, unless before the CondescendLapse of the Time so fixed, special Application shall be made for ences, &c. such Prorogation, nor shall the Prorogation in any Instance be granted, except on Cause shewn, nor oftener than once; and if the Party shall fail to lodge his Condescendence or Answers, as the Case may be, within the Time originally fixed, or afterwards prorogated, the Lord Ordinary may hold the Summons or Defences for such Party as his Condescendence or Answers, finally fixing the Averments in point of Fact, on which he founds. Of Ascertainotherwise than ment of Fact XIII. And be it further enacted, That after the Record of the Of proceeding Averments and Pleas shall have been adjusted and closed as here- to further Disinbefore directed, and when it shall appear that the Parties have posal of Cause. respectively admitted on the Record all the Facts requisite to the Decision of the Cause, so as to render any Trial of the Facts unnecessary, the Lord Ordinary may proceed to decide the Cause with or without further Argument, or he may take the Cause to report to the Inner House in the Form hereinafter appointed. XIV. And be it further enacted, That where the Parties differ as to Facts which do not require to be ascertained by Jury Trial, the Lord Ordinary shall give such Orders and Directions for the Ascertainment of the Facts as to him shall appear expedient, and his Order for Disposal of the Cause shall be final, unless brought under Review of the Inner House in the Form hereinafter directed, within Twenty one Days after such Order is pronounced; and if so brought under Review, the Interlocutor of the Inner House shall be final, without Appeal, unless on Leave expressly granted, reserving the Effect of any Objection to the Course of Proceeding in any final Appeal on the Merits of the Cause. by Admission. XV. And be it further enacted, That where the Parties differ Of Remits for as to Facts which require to be ascertained by Jury Trial, the Lord Jury Trial. Ordinary shall have it in his Power either to remit the whole Cause to the Jury Court for Trial, or to send to that Court a particular Issue or Issues, in order to have such Matter of Fact ascertained, as he may deem necessary for deciding the Cause; and the Order by the Lord Ordinary, in so far as it thus remits a Cause, shall be final. XVI. And be it further enacted by the Authority aforesaid, That where a Cause is by means of Admissions, or from the Nature of the Cause, deemed fit to be discussed and determined in the Court of Session, without having recourse to Jury Trial, or when the Parties concur in desiring to have a Question of Law or of Relevancy determined previous to Trial by Jury, or when it shall be finally ordered by the Lord Ordinary or the Inner House, that any Question of Law or Relevancy shall be determined previous to Trial, or when the Cause shall come back to the Court of Session with a Verdict on a special Issue sent for Trial, in these, or any of these or the like Cases, the Lord Ordinary may either proceed himself to decide the Cause or Matter to be determined, or take it to report to the Inner House, as to him shall seem most expedient; and he may either order the Parties to argue the whole or any Part of the Cause before him, as often as he may find it necessary, or direct Cases in Writing to be prepared by the Parties in the Form hereinafter appointed, and to be seen, interchanged, and finally adjusted; and for compelling Obedience to 3 R 2 such Discussion of Power to Lord Ordinary to order Cases to be prepared. › determine osts. ow far Judg ent final in uter House. f the Review Inner House iry. roceedings of aner House f reporting auses to Inner ouse. such Order, the Court of Session are hereby required and enjoined to take effectual Means, by Regulations to be by them made, as hereinafter directed; and after such Cases shall have been so lodged, the Parties shall have an Opportunity of being further heard, if they or either of them shall desire it. XVII. And be it further enacted, That in pronouncing Judgment on the Merits of the Cause, the Lord Ordinary shall also determine the Matter of Expences, so far as not already settled, either giving or refusing the same in whole or in part; and every Interlocutor of the Lord Ordinary shall be final in the Outer House, subject however to the Review of the Inner House, in manner hereinafter directed. XVIII. And be it further enacted, That when any Interlocutor shall have been pronounced by the Lord Ordinary, either of the Parties dissatisfied therewith shall be entitled to apply for a Review of it to the Inner House of the Division to which the Lord Ordinary belongs; provided that such Party shall, within Twenty one Days from the Date of the Interlocutor, print and put into the Boxes appointed for receiving the Papers to be perused by the Judges, a Note reciting the Lord Ordinary's Interlocutor, and praying the Court to alter the same in whole or in part; and if the Interlocutor of the Lord Ordinary shall have been pronounced on Cases, the Party applying for a Review shall, along with the Note as above directed, print and put into the Boxes, the Cases which have been before the Lord Ordinary and if the Interlocutor has been pronounced without Cases, the Party so applying shall, along with his Note as above directed, put into the Boxes printed Copies of the Record authenticated as before, and shall at the same Time give Notice of his Application for Review by Delivery of Six Copies of the Note to the known Agent of the opposite Party; and it shall in no Case be competent for either Party, from and after the said Eleventh Day of November, to bring any Interlocutor of the Lord Ordinary under Review of the Inner House, by the Form of reclaiming Petition as now in use, but only in the Mode thus directed; and the Inner House shall have Power, before proceeding to decide the Cause (where Cases have not already been ordered in the Outer House), to appoint Parties to prepare and print Cases in the Form hereinafter directed, and whether Cases have been sent from the Outer House or ordered in the Inner House, the Court shall allow Counsel to be heard before giving Judgment in the Cause; and that in all Causes before pronouncing Judgment, it shall be in the Power of the Court to order an Argument by Counsel, as often as they see fit, and on the whole or on such Parts of the Cause as shall seem to the Court to require further Argument. XIX. And be it further enacted by the Authority aforesaid, That the Lord Ordinary may, after Intimation to the Parties, report verbally to the Inner House any incidental Matter which may arise in the Course of the Cause, and such Matter so reported by the Lord Ordinary shall be disposed of upon Argument by Counsel, unless the Court shall, when the Matter comes before them, think fit to order Cases; and if Judgment shall be pronounced by the Court, or an Order shall be made in respect to the Matter so reported, that Judgment or Order shall be final, and the Court Court shall either settle the Expence relative to the Point so reported, or reserve Consideration thereof to the End of the Cause. XX. And be it further enacted, That where the Lord Ordinary Report of Caus shall take the whole Cause to report, he shall at the same Time itself on Cases. order the Parties to prepare and lodge Cases in the Form to be hereinafter directed, to be seen and interchanged; and the Interlocutor so taking the Cause to report, and the Order for Cases, shall be final; and when the Cause shall come to be advised by the Court on Cases prepared in consequence of such Order, or on Cases prepared by Order of the Inner House, the Court shall give to the Counsel an Opportunity of being heard before proceeding to Judgment. XXI. And be it further enacted, That the Inner House shall, in deciding the Cause; also determine the Matter of Expences; and the Judgment pronounced by the Inner House shall in all Causes be final in the Court of Session. XXII. And be it further enacted, That wherever Cases shall be ordered, whether by the Lord Ordinary or by the Inner House, the Case shall commence with a Copy of the Record, as authenticated by the Lord Ordinary; and each Ground of Law or Plea, as stated in the Record, shall be separately argued in the Case. Court to hear Judgment o Inner House to decide Costs, and final. How Cases shall be prepared. tions. XXIII. And be it further enacted, That in order to preserve Of ConsultUniformity in the Decisions of the Court, and to settle doubtful ations of Judge Questions of Law which may arise, the Judges of either Division in difficult and may, in all Causes in which the Judges of the Inner House shall doubtful Quesbe equally divided in Opinion, direct the Cause to be judged either by the Inner House Judges of both Divisions, or by the whole Court, including the Lords Ordinary; and in such Cases as it shall appear to them advisable to have any Question occurring before them settled by the Judgment of the whole Court, the Judges of either Division may order that such Matter shall be heard before the whole Judges; and Judgment shall in all Causes be pronounced according to the Opinion of the Majority of the Judges present; and the Interlocutor shall bear to be the Judgment of the Division Majority. before which the Cause depends after consulting with the other Judges. · XXIV. And Whereas by an Act of the Forty eighth Year of 48 G. 3. c.151. 'His late Majesty, intituled An Act‹ concerning the Administra- § 10. tion of Justice in Scotland, and concerning Appeals to the House of Lords, the Judges of either Division are empowered to re quire the Opinions of the other Division, upon Questions stated in Writing Be it enacted, That they may on such Occasions Opinion of per also be entitled to require the Opinion of the permanent Ordi- manent Ordinaries; and the Judgment to be pronounced in the Cause shall be naries taken, according to the Opinion of the Majority of all the Judges so con- Judgment by sulted, and shall bear that it is the Judgment of the Division Majority. before which the Cause depends after consulting with the other Judges. Lords. XXV. And be it further enacted, That from and after the Ex- Of Appeal to piration of Fourteen Days after the First Day of the next Session the House of of Parliament, the Decrees or Orders of the Court of Session, whether pronounced before or after that Time, shall be final and not subject to be complained of by Appeal to the House of Lords, Limitation. unless the Petition of Appeal shall be lodged with the Clerk of |