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Jury, and the Parties shall forthwith proceed before the said Jury Cause sent back Court, or One of the Judges thereof, to prepare the Issue or Issues to Jury Court. for Trial, in manner hereinafter directed.

XXXIV. And be it further enacted, That from and after the How Issues are said Eleventh Day of November next, when a Cause shall be to be framed ready for the framing of Issues, whether it be one of the Causes and settled. above enumerated as appropriate to the Jury Court, or a Cause remitted generally from the Court of Session for Trial by Jury, the Pursuer of the Issue shall deliver to the Clerk of the Jury Court the Issue or Issues in the Cause which he may conceive to be proper for Trial prepared and signed by Counsel; and in like Manner the Defender in the Issue may, if he think proper, lodge with the Clerk the Issue or Issues in the Cause which he may conceive to be proper for Trial, prepared and signed in like Manner; and if the Issue or Issues so respectively delivered to the Clerk shall be approved of by the Jury Court, the same Issues shall be delivered out to the Parties by the Clerk to be tried by the Jury; but if the Issues shall not be delivered by the Parties, or either of them, to the said Clerk, or if, when so delivered, they shall not be approved of by the Court, the said Court shall direct a proper Issue or Issues to be framed, or shall alter the Issue or Issues as framed and delivered, either by adding such other Issues as they may deem necessary, or by leaving out such as are unnecessary, or by remodelling those which have by the Parties been delivered; and a Copy of the Issue or Issues so altered by the Court shall be delivered out for Trial to the respective Parties in the Cause; provided, however, that if either Party shall object to the Issues, as settled by the Court, he shall be at liberty, at any Time within Ten Days, to apply to the Court, by Motion, to have such Alteration made therein as he may think will better adapt the Issue for the Trial of the Cause, or to have the Issues originally proposed by him adopted; and the Court shall, after hearing Counsel, make such Order thereupon as the Justice of the Case may require, and which Order shall be final.

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'XXXV. And Whereas by one of the Regulations for the Go'vernment of the Jury Court, framed and approved of in the Manner directed by the aforesaid Act of the Fifty ninth of His • late Majesty (a), it is ordered, that, preparatory to Trial by Jury, the Farties shall reciprocally exchange Lists of the Witnesses to be examined; but the Practice thereby enjoined has been 'found inexpedient;' Be it therefore enacted, That the above Regulation shall be, and the same is hereby repealed; and from and after the Date of this Act, it shall not be necessary for the Parties to produce and exchange, as preparatory to the Trial, the Lists of the Witnesses proposed to be examined by them, but the Parties shall be at liberty at the Trial to adduce and examine such Witnesses as they may think fit, without having given any previous Notice of their Intention to call them. (a) 59 G. 3. c. 35. § 29.

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XXXVI. And be it further enacted, That so much of the fore- 59 G. 3. c.35. said Act of the Fifty ninth of His late Majesty, as regulates the § 21. repcaled. Terms and the Times of the Sittings of the said Jury Court, shall

be and the same is hereby repealed; and from and after the said Time of Sitting Eleventh of Jury Court.

59 G.3. c.35. § 6.16.

Motions for new Trials.

59 G. 3. c. 35. $17.

Motions for

new Trial in Admiralty Causes.

Forms of Proceeding in Admiralty Commissary and Inferior Courts may be settled.

Eleventh Day of November next, the said Jury Court shall meet for the Dispatch of the Business of the Court, whether requiring the Intervention of a Jury or not, during the whole Period of the Session of the Court of Session, and that they may hold Sittings for the Trial of Issues for a Fortnight thereafter, and also for Ten Days during the Christmas Recess; and during the foresaid Space, the said Court, or the individual Judges thereof, shall sit on such Days, and with such Continuation of Days, as shall by Act of Sederunt, to be made in manner herein afterwards provided, be appointed.

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· XXXVII. And in order to prevent Doubts which have been ‹ raised on the Provisions of the foresaid Act of the Fifty ninth of His late Majesty, relating to Motions for new Trials;' Be it enacted, That in all Cases where Issues have been prepared and are sent from the Court of Session for the Ascertainment of Matter of Fact, and the Verdict is made returnable to that Court, all Motions for new Trial shall be made in the Inner House of that Division of the Court from which the Issue or Issues has or have been sent; and Motions for new Trials shall in all other Cases be made in the Jury Court.

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· XXXVIII. And Whereas by the foresaid Act of the Fifty ‹ ninth of His late Majesty it is provided, that in all Causes re'mitted by the Court of Admiralty to the Jury Court, the Bills of Exceptions shall be presented by the Judge of the Jury Court to the Divisions of the Court of Session alternately; but no Provision is made with respect to Motions for new Trials on Verdicts in Cases coming from the Court of Admiralty;' Be it enacted, That Motions for new Trials shall be made in the Divisions of the Court of Session alternately in Cases of the above Description, where the Verdict is on an Issue prepared and sent from the Court of Admiralty for ascertaining Facts, and returnable into that Court, in a Maritime Cause; and Motions for new Trials in all other Cases shall be made in the Jury Court.

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‹ XXXIX. And Whereas it will essentially contribute to the Attainment of the Objects proposed in this Act, that in the High Court of Admiralty, the Court of the Commissaries of Edinburgh, and Inferior Courts, Forms of Proceeding in the Preparation of Causes which have been before directed relative to Causes in the Court of Session shall be followed as closely as may be done consistently with the peculiar Nature of those several Jurisdictions, and with the State of those Courts in respect to the Skill and legal Knowledge of the Procurators who attend and practise therein; therefore, and in order to establish Uniformity in the Modes of Proceeding in the said Courts, and follow out the Spirit of the present Act, in so far as that may be 'done consistently with local Circumstances;' Be it further enacted by the Authority aforesaid, That the Judges of the Court of Session and Jury Court, as herein afterwards empowered, shall and they are hereby required to make due Inquiry, and thereupon to fix, by Act of Sederunt, such Regulations, to be observed in the Practice of the above Courts, as may best be calculated to give effect to this Act, and to forward the Object herein proposed.

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XL. And

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sion on Proof taken in Inferior Courts, to be final as to

Findings of

Fact.

Appeal to

House of

Lords.

XL. And be it further enacted, That when in Causes com- Interlocutor of menced in any of the Courts of the Sheriffs, or of the Magistrates Court of Sesof Burghs, or other Inferior Courts, Matter of Fact shall be disputed, and a Proof shall be allowed and taken according to the present Practice, the Court of Session shall, in reviewing the Judgment proceeding on such Proof, distinctly specify in their Interlocutor the several Facts material to the Case which they find to be established by the Proof, and express how far their Judgment proceeds on the Matter of Fact so found, or on Matter of Law, and the several Points of Law which they mean to decide; and the Judgment on the Cause thus pronounced shall be subject to Appeal to the House of Lords, in so far only as the same depends on, or is affected by Matter of Law, but shall, in so far as relates to the Facts, be held to have the Force and Effect of a Special Verdict of a Jury, finally and conclusively fixing the several Facts specified in the Interlocutor: Provided however, Directing that except in Consistorial Causes, the Court of Session shall, in Issues, reviewing the Sentences of inferior Judges, have Power to send to the Jury Court such Issue or Issues to be tried by Jury, as to them shall seem necessary for ascertaining Facts which may not have been proved to their Satisfaction by the Evidence already taken, or which may have been omitted in the Cause, the Verdict to be returned to the Court of Session, to assist that Court in the Determination of the Cause; and the said Court shall also have Power to remit the whole Cause for Trial to the Jury Court; and in neither of these Cases shall it be necessary to have the Consent of the Parties to the cancelling of the Depositions already taken in the Cause before proceeding to Jury Trial, but the Court of Session shall have Power to give such Directions with regard to the Proof already taken, or with regard to any Part or Parts thereof, as to them shall seem just; to which Effect 59 G.3. c.35. the Provision in the foresaid Act of the Fifty ninth Year of His § 14. repealed. late Majesty, in so far as the Consent of the Parties to the cancelling of the Depositions already taken is thereby required, shall be and the same is hereby repealed; and further, the Court of Session shall have Power to remit the Cause with Instructions to the Inferior Court, if that Course shall appear to them the most just and expedient in the Circumstances of the Case; but it is hereby expressly provided and declared, that in all Cases originating in the Inferior Courts in which the Claim is in Amount above Forty Pounds, as soon as an Order or Interlocutor allowing a Proof has been pronounced in the Inferior Courts (unless it be an Interlocutor allowing a Proof to lie in retentis, or granting Diligence for the Recovery and Production of Papers), it shall be competent to either of the Parties, or who may conceive that the Cause ought to be tried by Jury, to remove the Process into the Court of Session, by Bill of Advocation, which shall be passed at once without Discussion and without Caution; and in Case no such Bill of Advocation shall be presented, and the Parties shall proceed to Proof under the Interlocutor of the Inferior Court, they shall be held to have waived their Right of Appeal to the House of Lords, against any Judgment which may thereafter be pronounced by the Court of Session, in so far as by such Judgment the several Facts established by the Proof shall be found or declared.

XLI. And

Power to advo-
cate against
Orders for
For Courts in

Proof in Infe-
rior

Causes above

401.

Appeal to the
Lords, waived.

What Bills of Advocation are to contain.

Power to

late Interim

Possession.

XLI. And be it further enacted by the Authority aforesaid, That from and after the said Eleventh Day of November next, Bills of Advocation, complaining of final Judgments of Sheriffs and other Inferior Judges, shall contain a Copy of the Summons or Petition by which the Action may have commenced in the Inferior Court, and of the Defences or Answers, with the Interlocutors pronounced, or such of them as the Party shall complain of, and without any other Narration, and without Argument; and such Bills of Advocation shall at once be passed by the Lord Ordinary on the Bills, on Caution being found to make Payment of the Expences incurred in the Inferior Court, and also such Expences. as may be incurred in the Court of Session, or on Juratory Caution for such Expences, in Cases where such Caution is by the present Practice held sufficient.

XLII. And be it further enacted by the Authority aforesaid, Courts to regu- That in all Advocations of Interlocutors pronounced by Sheriffs it shall be competent to the Inferior Judge to regulate in the meantime, on the Application of either Party, all Matters regarding Interim Possession, having due regard to the Manner in which the mutual Interests of the Parties may be affected in the final Decision of the Cause; and such Interim Order shall not be subject to Review, except by the Lord Ordinary, or the Court, in the Course of discussing the Process of Advocation; reserving to the Court of Session or Lord Ordinary full Powers during the Course of Discussion of the Cause in the said Court, to give such Orders and Directions in respect to Interim Possession as Justice may require.

Time at which

ferior Courts

may be extracted.

XLIII. And be it further enacted by the Authority aforesaid, Decrees of In- That in all Actions before any Inferior Court, where a Party shall intimate in Writing to the Clerk of Court that he intends to advocate the Cause, and shall therewith lodge a Bond of Caution for such Expences as may be incurred in the Court of Session as provided in this Act, the Space of Fifteen Days in the ordinary Case, and Thirty Days in Causes before the Courts of Orkney and Shetland, shall be allowed after final Judgment, to apply by Bill of Advocation to the Court of Session, before Extract shall be competent; but on the elapse of the foresaid Terms respectively, if no Bill of Advocation shall have been intimated to the Clerk of Court, he may give out the Extract on the Application of either Party, it being competent however to present a Bill of Advocation at any Time before the Decree has been actually extracted; and when Decree has passed in Absence in any Inferior Court, or in the Court of Admiralty, and has been extracted, it shall be competent to apply to the Court in which such Decree was pronounced, to have the Decree recalled; and on Consignation in the Hands of the Clerk of the Court of the Expence incurred, the said Court shall have Power to stop Execution and repone the Defender, and revive the Action, as if Decree had not been extracted.

Decrees in Ab

sence in Infe

rior Courts and in Admiralty recalled.

Decrees, in Ac

tions of removing, subject only

to Suspension,

XLIV. And be it further enacted by the Authority as aforesaid, That when any Judgment shall be pronounced by an Inferior Court, ordaining a Tenant to remove from the Possession of Lands or Houses, the Tenant shall not be entitled to apply as

above, by Bill of Advocation to be passed at once, but only by means of Suspension, as hereinafter regulated.

50 G. 3. c.112.

§ 36.

Bills of Advocation of Interlocutory Judgments.

Lord Ordinary may pass Bills of Suspension;

Proceedings as to Interlocutors complained of.

XLV. And Whereas, under the foresaid Act passed in the Fiftieth Year of His late Majesty, Bills of Advocation are ad'mitted against Interlocutory Judgments in certain Cases; Be it further enacted, That when such Bills of Advocation shall be passed, it shall not be necessary for the Complainer to find Caution, except for Expences, as in other Cases of Advocation above mentioned; and all Interlocutors by the Lord Ordinary on the Bills, passing or refusing such Bills of Advocation, shall be final. XLVI. And be it enacted, That in all Cases, without Distinction, the Lord Ordinary on the Bills may pass Bills of Suspension, without requiring the Concurrence of the Inner House during Session, or of One or more Ordinaries during Vacation; and in complaining of any Interlocutor pronounced by the Lord Ordinary on the Bills, the Party shall proceed, not as at present by Reclaiming Petition, but by presenting a printed Note to the Inner House, stating the Nature of the Bill, reciting the Interlocutor, and praying for an Alteration thereof; and upon such Note being presented, the Inner House shall order the Counsel for the Parties to be heard, and on hearing them shall either grant or refuse the Application, or appoint Parties to give in mutual Cases on the Question; and thereafter the Court shall either refuse the Application, or remit to the Lord Ordinary to pass or to refuse the Bill, or to remit to the Inferior Judge with Instructions; and any Interlocutor of the Court refusing such Application, or of the Lord Ordinary on a Remit from the Court, shall be final; and when a Bill of Suspension shall have been passed on a Remit from the Inner House, or in consequence of the Lord Ordinary having taken the Cause to report to the Inner House, the Letters of Suspension shall be discussed before a Lord Ordinary of that Division, unless remitted ob contingentiam to some prévious Process depending before the other Division; and in the Expences to Event of Bills of Suspension being passed of Decrees of Inferior Suspender. Courts, it shall be competent for the Lord Ordinary or the Court to find the Suspender entitled to his Expences in the Inferior Court, as well as in the Court of Session.

Bills of Suspension liable to their Bond.

XLVII. And be it also enacted, That Cautioners in a Bill of Cautioners in Suspension shall be liable to fulfil the Obligation in their Bond, although the Letters of Suspension shall not be expede before the Day of Citation appointed in the Deliverance, and also in the Case of the Chargers obtaining and duly extracting Protestation for not enrolling, calling and insisting.

XLVIII. And be it further enacted, That the Lord Ordinary in the Outer House, before whom any Suspension or Advocation shall come to be discussed, shall proceed in preparing the Cause for Judgment after the Manner already directed as to Causes in the Outer House; and the Party resisting the Suspension shall be required, by way of Defence in the Outer House, to return Answers to the Reason of Suspension.

XLIX. And be it enacted, That in regard to Actions depending in the Court of Session, in which any Interlocutor shall have been pronounced before the Eleventh Day of November next, the Regulations hereinbefore provided may be enforced, in so far

as

As to Cases of
Suspension or
Advocation be-

fore Lord
Ordinary.

Regulations in Actions depending where

Interlocutor pronounced

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