Court of Session Act 1830
(11 Geo. 4 & 1 Will. 4) C A P. LXIX.
[23d July 1830]
'WHEREAS an Act was passed in the Fifty-fifth Year of the Reign of His Majesty KingGeorge the Third, intituled Scotland, by which Act certain Commissioners were appointed for the Trial of such Causes, and certain Regulations made in regard to such Trials: And whereas another Act was passed in the Fifty-ninth Year of the Reign of His said Majesty, intituled Scotland, ’ And whereas another Act was passed in the Sixth Year of the Reign of His late Majesty KingGeorge the Fourth, intituled Scotland; by which last Act certain Provisions were made relative to the Constitution of the Jury Court, and which Provisions are declared to continue and be in force until the Thirtieth Day ofJune in the Year One thousand eight hundred and thirty, and from thence to the End of the next Session of Parliament; and it is further provided by the said last-recited Act, that it should be lawful for His Majesty to appoint such Persons as He should think fit, to make all Inquiries, as they should be directed, by Instructions from His Majesty, into the Forms of Proceeding in Trials of Civil Causes by Jury in Scotland , and to report whether these Forms may be improved, and at what Time and in what Manner the Union of the Benefit of Jury Trial in Civil Causes with the Jurisdiction of the Court of Session may be best accomplished: And whereas pursuant to the said last-recited Act His late Majesty did, by an Instrument under His Royal Sign Manual, appoint certain Persons to make the Inquiries set forth in the said last-recited Act, as more particularly specified in Instructions annexed to the said Instrument under the Royal Sign Manual: And whereas the said Commissioners so appointed made a Report to His late Majesty upon the Subject Matters into which they were appointed to inquire; which Report has been laid before both Houses of Parliament: And whereas it is expedient that the said recited Acts should be altered, amended, and continued in certain Parts, and that Provision should be made for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session inScotland; and that in so doing Advantage should be taken of the Knowledge and Experience of the present Lord Chief Commissioner and of the other Lords Commissioners of the Jury Court: And whereas it is also expedient that certain other Alterations and Reductions should take place in the Judicial Establishments of Scotland; ' May it therefore please Your Majesty that it may be enacted, and be it enacted by the King'smost Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Fifth Day ofOctober next after the passing of this Act, the Jurisdiction for Trial by Jury in Civil Causes shall be united with and shall form Part of the ordinary Administration of Justice in the Court of Session in Scotland; and the Trial of Causes by Jury shall take place in the Court of Session as hereinafter directed: Provided always, that the Jury Court and the Jurisdiction thereof shall continue as now constituted until the said Date, after which it shall cease and determine; but without Prejudice to the present Lord Chief Commissioner and the other Lords Commissioners of the Jury Court respectively continuing to perform the Duties hereinafter directed.
II Causes to be prepared by the Lords Ordinary, and tried by Jury in the Court of Session.
II. And be it enacted, That from and after such Union all Causes and Issues, which, if they had occurred before the passing of this Act, must by Law have been tried by Jury in the Jury Court, shall be tried by Jury in the Court of Session; and such Causes shall be prepared for Trial by the Lords Ordinary respectively before whom such Causes shall depend.
III Lords President to try all Jury Causes originating in their respective Divisions.
III. And be it enacted, That from and after the Period when such Union shall take place as aforesaid, the Lords President of the Two Divisions shall respectively try by Jury all Issues arising out of Causes depending in these Divisions respectively when such Trials take place atEdinburgh; and may otherwise respectively discharge all Duties previously assigned to the Lord Chief Commissioner, in so far as may regard such Causes, not being inconsistent with the Provisions of this Act: Provided always, that it shall continue to be competent to the said Lord Chief Commissioner to perform all such Duties; and farther, that for the Space of Three Years from and after the Time when such Union shall take place, there shall be present and form a component Part of the Court, upon all Occasions when either of the LordsPresident of the Two Divisions of the Court of Session shall respectively try by Jury any Issue arising out of a Civil Cause, either the Lord Chief Commissioner of the Jury Court, or One of the Judges of the Court of Session, who at the Time of such Union shall have held the Office of One of the Lords Commissioners of the Jury Court; and provided farther, that in the Event of the Indisposition or necessary Absence of either of the said Lords President, such Issues shall, during the foresaid Space of Three Years, be tried either by the said Lord Chief Commissioner along with One of the Judges of the Courtof Session, or by at least Two Judges of the Court of Session, whereof there shall be One of the said Judges of the Jury Court; and that from and after the Expiration of that Period, such Issues shall in the said Events be tried by any other Judge or Judges of the Division of the Court before which the Cause may depend.
IV Lord President may proceed to Trial without Judge of Jury Court.
IV. Provided always, and it is hereby enacted, That if the Judges of the Court of Session who had held the Office of Commissioners of the Jury Court shall, before the Expiry of Three Years, be reduced to Two, it shall be competent to the Lord President of either Division to proceed to Trial, if he think fit, without any Judge who has formerly been of the Jury Court, and they are hereby empowered so to proceed.
V Application for Trial.
V. And be it enacted, That it shall and may be lawful for either Party to apply to the Division of the Court to which a Cause belongs, that the Issue or Issues shall be tried before such Division; and such Division may or may not, in its Discretion, order such Cause to be so tried.
VI Lord President may direct Issues to be tried before his Division of the Court.
VI. And be it further enacted, That the Lord President of each Division of the Court shall have Power, and he is hereby authorized and empowered to order and direct that any Issue or Issues shall be tried before the Division of the Court to which he belongs: Provided always, that for the Space of Three Years as aforesaid, either the Lord Chief Commissioner or One of the foresaid Judges of the Jury Court shall be One of the Court on occasion of such Trials.
VII Proceedings in Error to be taken before the Division to which the Cause belongs.
VII. And be it enacted, That all Proceedings for the Correction of Errors or Injustice alleged to have been committed in the Trial of a Cause, and all Questions reserved for Decision after Trial, and all Questions relating to the Application of the Verdict, or the Rights and Interests arising therefrom, and all Questions of Expences, shall proceed before the Division of the Court to which the Cause belongs: Provided always, That such Division shall have Power to order a Hearing before the whole Court of Session, or to require the Opinions of the other Judges, on such Points or Questions as such Division may deem proper.
VIII Lord Chief Commissioner to sit as a Lord of Session in Jury Cases.
VIII. And be it enacted, That the said Lord Chief Commissioner shall be empowered and have Right to sit and vote in both Divisions of the Court as a Judge of the Court of Session, in the before-recited and all other Proceedings touching any Cause now triable in the Jury Court, both before and after Verdict, and shall be entitled to rank immediately after the Lord Justice Clerk.
IX Trials by Jury may proceed when the Division is not sitting.
IX. And be it enacted, That Trials by Jury may proceed at all such Times, as well during Session as in the Vacation, as the Division of the Court before which the Cause stands inrolled shall appoint; and all Causes remaining untried and entered as ready for Trial, at the Termination of the Winter or Summer Sessions, or at the Commencement of theChristmas Recess, shall be tried at Sittings of the Court to be held immediately after these Periods respectively, excepting only such Causes as, on the Motion of...
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