to civil causes; and by another act passed in the fifty-ninth year of his late Majesty's reign, to amend the act above mentioned; and by regulations framed and approved of in the manner by the foresaid acts provided, several provisions have been made relating to the Jury Court, and to trial by jury in civil causes, some of which it is expedient to repeal, vary, and amend, and to make other provisions for the further improvement of that mode of trial; be it therefore further enacted, That the provisions of the said act of the fiftyninth of George the Third, by which it is directed that certain actions be remitted to the Jury Court, but that, previous to their being so remitted to the Jury Court, questions of law or relevancy may be raised, pleaded, and decided in the Court of Session, shall be and the same are hereby repealed; and the following actions, whether originating in the Court of Session or in the Court of Admiralty, shall be held as causes appropriate to the Jury Court, and shall, for the purpose of being discussed and determined in that court, be remitted at once to that court in manner herein-after to be directed; namely, all actions on account of injury to the person, whether real or verbal, as assault and battery, libel or defamation; all actions on account of any injury to moveables or to land, when in this last case the title is not in question; all actions for damages on account of breach of promise of marriage, or on account of seduction or adultery; all actions founded on delinquency or quasi delinquency of any kind, where the conclusion shall be for damages only and expenses; all actions on the responsibility of shipmasters and owners, carriers by land or water, innkeepers or stablers, for the safe custody and care of goods and commodities, horses, money, clothes, jewels, and other articles, and in general all actions grounded on the principle of the edict Nautæ, caupones, stabularii; all actions brought for nuisance; all actions of reduction on the head of furiosity and idiotcy, or on facility and lesion, or on force and fear; all actions on policies of insurance, whether

for maritime or fire or life insurance; all actions on charter parties and bills of lading; all actions for freight; all actions on contracts for the carriage of goods by land or water; and actions for the wages of masters and mariners of, ships or vessels.

XXIX. And be it further enacted, That all the actions above enumerated, originating in the Court of Session, shall be first enrolled in the roll called the regulation roll, whether appearance shall have been entered for the defender or not; and if no appearance shall be made when the cause is called, decree shall be pronounced in absence, according to the present practice; but if appearance shall be made for the defender, or as soon as the defender shall be reponed against a decree in absence, the Lord Ordinary shall forthwith remit the cause to the Jury Court; and in any of the causes or actions above enumerated, which shall originate in the Court of Admiralty, judgment shall at the first calling before the Judge-Admiral be pronounced, if no appearance shall be made for the defender; but as soon as the defender shall enter appearance, and be reponed against the decree pronounced in absence, the Judge-Admiral shall forthwith remit the cause to the Jury Court, provided the demand shall amount to forty pounds and upwards, and provided, that if the cause be maritime, caution shall have been found according to the practice of that court; and such causes when remitted to the Jury Court, from whatever court, shall be prepared, and the record of averments and of pleas completed and authenticated by the Jury Court, or any one of the judges of that court, in the same manner as is hereby directed to be done in the Court of Session.

XXX. And in contemplation of the increase of causes thus to be remitted to the Jury Court, be it further enacted, That, of the judges of the Court of Session, two shall be appointed as additional commissioners of the Jury Court; and that in the preparation of the enumerated causes which shall

be sent at once to the Jury Court as above, the Jury Court, or one of the judges thereof, shall proceed in the way and manner herein-before directed, in regard to the preparation of causes in the Court of Session.

XXXI. And be it further enacted, That it shall and may be lawful for his Majesty to appoint such two of the said judges of the Court of Session to be additional judges of the Jury Court in the manner in which Judges of the Jury Court are directed to be appointed by an act passed in the fifty-fifth year of the reign of his late Majesty George the Third, intituled, An act to facilitate the administration of justice in that part of the united kingdom called Scotland, by the extending the trial by jury to civil causes; and to each of such judges there shall be paid the sum of six hundred pounds per annum, payable in the same manner and at the same time with the salaries of the other judges of the said Jury Court; for which purpose it shall and may be lawful for his Majesty, his heirs and successors, to order and direct to be issued by quarterly payments, out of the monies that shall arise from any of the duties and revenues in that part of Great Britain called Scotland, which by the several acts made in the seventh and tenth years of the reign of Queen Anne, were made chargeable with the fees, salaries, and other charges allowed or to be allowed by her Majesty, for keeping up the Courts of Session, Justiciary, and Exchequer in Scotland, the sum of one thousand two hundred pounds, in addition to the sum of seven thousand pounds, directed by the said recited act to be issued in the manner therein directed.

XXXII. And be it further enacted, That if any assistant clerk and closet keeper, or any other clerk or officer of court in the said Court of Session, or any clerk or other officer in the said Court of Teinds, or in the said Court of Admiralty, courts in Scotland, shall make application to the Barons of Exchequer in Scotland, setting forth the circumstances of his case, and shall make it appear that he has suffered, or will suffer pecuniary loss from the operation or effect of any

of the regulations of this act, it shall and may be lawful for the said Barons to award to any such person such compensation as the said Barons shall find such person entitled to, either by the payment of a gross sum, or by way of annuity, as they shall think proper, to be paid out of the same fund, and in the manner in which compensations are directed to be paid, and are made payable, under an act passed in the first and second years of the reign of his present Majesty, intituled, An act for establishing regulations respecting certain parts of the proceedings in the Court of Session, and in the Court of Commission for Teinds, and respecting the duties, qualifications, and emoluments of certain clerks and other officers of the said courts.

XXXIII. And be it further enacted, That if after the record shall have been completed in manner already directed as to causes in the Court of Session, the parties shall, by mutual admissions, render any trial of the facts unnecessary, and leave, in the opinion of the Jury Court, or judge thereof, a question merely of law to be determined, the said Jury Court, or the judge thereof, after having those admissions put upon record, and subscribed by the counsel for the parties, as already directed for causes in the Court of Session, shall forthwith remit the cause to the Ordinary in the Court of Session by whom the same was remitted, or to the judge of the High Court of Admiralty, if the cause originated in that court, to be proceeded in and determined by those courts respectively; and if after the record shall have been completed as above, the parties shall not be agreed upon the facts, so as to bring the cause to a question merely of law, but shall concur in a minute or note to the Jury Court or judge, requiring that any question of law or relevancy arising out of the pleadings to be specified in such minute or note shall be determined before going to trial, the said court or judge, if the request shall appear just or reasonable, shall remit such question to the Ordinary by whom the cause was remitted,

or to the Court of Admiralty, if the cause shall have originated in that court; and the cause shall afterwards proceed in those courts respectively, for the decision of such question of law or relevancy; but if either of the parties shall, with - out the concurrence of the other, insist that there is a point of law or relevancy, which ought previously to trial to be determined, it shall be competent for such party to move, for an order to have the cause remitted to the Court of Session, or Court of Admiralty, if the cause have come from that court; and on such motion it shall by the said Jury Court, or judge thereof, be determined whether the question raised ought to be decided previous to trial, or left for discussion at the trial, or for decision after verdict; and if such question shall arise before one of the judges of the Jury Court, he shall have it in his power either to determine the question, or to report it for decision by the whole judges of the Jury Court, or a quorum thereof, consisting in all cases of not less than three of such judges: and the decision of the said judge of the Jury Court in the said matter shall be final and conclusive, if not brought under review of the whole Jury Court, by motion to that effect, made in the said Court, and of which due notice shall be given according to the form of giving notices in that court, within ten days after the interlocutor of the said judge shall be pronounced; and the decision of the Jury Court, either pronounced on the review of the said judge's interlocutor, or on the cause being by him taken to report, shall be final on that question; and if it shall be ordered by the said judge or Jury Court, that such question ought to be determined previous to trial, the cause shall be forthwith remitted to the Ordinary of the Court of Session, by whom the same was remitted to the Jury Court, or to the judge of the High Court of Admiralty, respectively, to have that question determined; and when, in either of the cases now specified, the cause shall be remitted to the Court of Session, or to the judge of the High Court of Admiralty, for their decision on a previous