Court of Admiralty to the Jury Court, the bills of exception shall be presented by the judge of the Jury Court to the divisions of the Court of Session alternately, beginning with the First Division; provided further, that motions for new trials on a special verdict, or special findings, shall be made in the division of the Court of Session from which the proceedings were sent to the Jury Court, in manner directed by the said recited act of the fifty-fifth year of the reign of his present Majesty: Provided nevertheless, That the interlocutor to be pronounced on such motions shall be final, and shall not be subject to review by petition, representation, appeal to the House of Lords, or otherwise.

XVIII. And be it further enacted by the authority aforesaid, That in all cases of new trial in which a bill of exceptions to a decision in the Jury Court is presented to the Court of Session, the process and productions shall remain in the Jury Court, in order to enable that court to proceed in the new trial, if the judgment shall be reversed; or to proceed to pronounce judgment upon a general verdict, in case it shall be affirmed: Provided always, That it shall be competent to the divisions of the Court of Session to order the said process and productions to be brought into the said division, when it shall deem the same to be necessary; and after an interlocutor shall be pronounced upon the bill of exceptions, the said process and productions shall be returned to the Jury Court, for the purposes aforesaid; and that in all cases of special verdicts or special findings, in all cases where the judgment of the Jury Court on a bill of exception, other than new trials, is affirmed, the whole process and productions shall be forthwith remitted to the Court of Session, that the said Court may proceed to discuss the law of the case, and pronounce judgment thereon.

XIX. And be it further enacted by the authority aforesaid, That in all cases where the verdict of the jury exhausts

the conclusions of the action, (except certain cases as herein-after provided,) it shall and may be lawful, after the elapse of the time allowed for moving for a new trial, or after a new trial shall have been finally refused, for the judge or judges of the Jury Court, by a judgment or deliverance on the verdict to be issued, and to be subscribed by the presiding judge without the necessity of any motion to that effect, to ordain that all manner of legal execution shall pass upon the same in common form; and it shall and may be lawful for the judge, or judges of the Jury Court to award not only the expenses incurred in the said court, but also the previous expenses incurred in the Court of Session, Court of Admiralty, or inferior court, and to require the auditor of the Court of Session to tax the same; and the said judgment shall specify the expenses, in the said courts and in the Jury Court; and a copy of the verdict and judgment, certified under the hand of one or other of the clerks of the Jury Court, shall be a sufficient warrant for all legal diligence and execution, and equally effectual to all intents and purposes, as if the same were an extracted decree of the Court of Session, and shall be observed as such by the Lords Ordinary on the bills, clerks of the bills, keepers of the signet, and all others; and that the letters under the signet shall in such case bear, that they proceed on the judgment of the commissioners of the Jury Court, in those instances in which, according to the present practice, they bear that they proceed on the decree of the Lords of Council and Session; and the original verdict and judgment thereon, together with the whole steps of proceeding, and such productions as may not have been taken up by the parties entitled thereto, shall in all such cases be transmitted for preservation to the keeper of the records of the Court of Session, and in other respects dealt with in the same way and manner as the extracted processes in the Court of Session are or may be transmitted and dealt with.

XX. Provided always, and be it enacted by the authority

aforesaid, That in special verdicts, and in all cases where the verdict contains any special findings, which may require the judgment of the Court of Session on the law, and also in all processes of reduction or declarator, and in all processes wherein the decree to be pronounced will form a part of the title, or will affect or qualify the title to any heritable estate, the verdict, with the whole process and productions, shall be returned to the Court of Session, in order that the said court may pronounce decree in the said cause: Provided always, in cases remitted by the Admiralty Court, when the return by the jury is in the form of a special verdict or special findings, which may require the judgment of the Judge-Admiral on the law, the verdict, with the whole process and productions, shall be returned into the Admiralty Court, that the Judge-Admiral may pronounce judgment in the cause; and that in cases remitted by the Court of Admiralty, the bills of exception shall be returned to the divisions of the Court of Session alternately, beginning with the first, unless the case was sent to the Jury Court in consequence of a petition to the Court of Session as herein-before enacted, in which case the bill of exceptions shall be returned to the division to which the previous petition was presented.

Section XXI. fixes the four terms to be held in each year. Section XXII. fixes the three sittings to be held in each year.

XXIII. And be it further enacted by the authority aforesaid, That the proceedings for preparing and settling issues, for hearing and determining all matters necessary for forwarding cases to be tried by jury, the hearing of all motions respecting judgments, new trials, expenses of process; all applications for remits to the Court of Session, and all other matters and things falling within the jurisdiction of the Jury Court, and not requiring the intervention of a jury, may and shall be heard and determined during the term only: Provided always, that nothing herein contained shall prevent one

or more judge or judges of the Jury Court from making orders out of term, on the application of parties by the counsel, respecting commissions for the examination of witnesses, respecting the inspection of written evidence previous to a trial by jury, and in all other matters and things relative to furthering the trial of causes at the sittings or on the circuits, in case such application could not have been made during the preceding term; such judge or judges being satisfied, by affidavit or otherwise, that the application so made could not have been made in the preceding term; and nothing herein contained shall prevent the judge or judges presiding at the trial of any case from putting off the same on account of the absence of a material witness or witnesses, or for any other cause in which justice requires that a trial should be put off; provided it is ascertained, by affidavit to the satisfaction of the judge or judges, that there is good cause for so doing, and that such cause could not have been foreseen in time, to have moved the same in the preceding term.

XXIV. And be it further enacted by the authority aforesaid, in all processes in which the Jury Court is to settle the issues, That rules and regulations shall be and are hereby directed to be framed for ordering condescendences and answers, by virtue of the authority given in this act for making rules and regulations, so that the condescendences and answers may either be in the Court of Session or in the Jury Court, as may be found most expedient; and in all cases in which condescendences and answers shall be ordered in the Jury Court, the clerk of the said court shall collect the fees on such proceedings payable in the Court of Session, and shall account to the officer in the Court of Session entitled to receive the same, for all fees which shall be so collected.

The act defines the powers of the court in regard to jurors, officers and witnesses,―to make regulations for the proceedings of the court, and for cross-examination

of witnesses, the appointment of clerks and auditor. It then declares,

XXXV. And be it enacted by the authority aforesaid, That in cases where an order for a view has been obtained, and that the place to be viewed lies in the counties of Sutherland, Caithness, and Orkney, which counties are not required to send jurors to Inverness, the sheriffs depute or substitute of the said counties respectively shall return three persons of the county in which the action arises, to be the viewers: and that the said viewers shall be bound to attend at the trial, and be first called to serve on the jury; the manner of proceeding to take the view, and the qualification of the jurors, being subject always to the regulations now in force respecting views, and respecting the qualification of jurors : and if from any cause it shall be expedient that viewers should be sent from a neighbouring county, the Jury Court shall issue an order for a certain number of jurors of the nearest county from which it may be expedient that viewers should be taken, and they shall be bound to attend the view, and shall be first called to serve on the jury, as at present practised.

Sections XXXVIII. and XXXIX. relate to the qualifications and emoluments of the Lord Chief Commissioner and other Commissioners of the court. And the rest of the statute relates to the manner of purchasing ground for erecting buildings, &c.

The act 6. of Geo. IV. cap. 120, contains the following provisions :

XXVIII. And whereas by an act passed in the fifty-fifth year of his late Majesty King George the Third, intituled, An act to facilitate the administration of justice in that part of Great Britain called Scotland, by the extending of jury trial