Court of Session Act 1868
| Jurisdiction | UK Non-devolved |
Court of Session Act, 1868.
(31 & 32 Vict.) C A P. C.
An Act to amend the Procedure in the Court of Session and the Judicial Arrangements in the Superior Courts ofScotland , and to make certain Changes in the other Courts thereof.
[31st July 1868]
W HEREAS it is expedient to amend the Laws relating to the Procedure of the Court of Session inScotland , and the Judicial Arrangements of the said Court, and Court of Commissioners for Teinds:
Be it enacted by the Queen's most 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, as follows:
1 Short Title.
1. This Act may be cited for all Purposes as the ‘Court of Session Act, 1868.’
2 Interpretation of Terms.
2. The following Words and Expressions in this Act shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; that is to say,
The Expression ‘the Court’ shall include the whole Court sitting together, also either Division of the Inner House, or any Lord Ordinary:
The Word ‘Pursuer’ shall include Complainer, Suspender, Petititioner, or Appellant:
The Word ‘Defender’ shall include Respondent.
3 Commencement of Act.
3. Excepting in so far as regards the Power herein-after given to the Court of Session to pass Acts of Sederunt, and also in so far as regards the Power given to the Commissioners of the Treasury by Section One hundred and five hereof (which Powers may be exercised from and after the passing hereof), this Act shall commence and take effect on and after the Fifteenth Day ofOctober One thousand eight hundred and sixty-eight.
I.—Judicial Arrangements.
I.—Judicial Arrangements.
4 Sittings of Court of Session regulated.
4. The Ordinary Sittings of the Court shall be as follows,viz.: The Winter Session shall in each Year commence on the Fifteenth Day of October , or the First lawful Day, Monday excepted, which shall happen next thereafter, and shall end on the Twentieth Day of March following, or when that Day falls on a Sunday or Monday , then on the Saturday immediately preceding; and the Summer Session shall commence on the Twelfth Day of May , or the next lawful Day, Monday excepted, which shall happen next thereafter, and shall end on the Twentieth Day of July , or when that Day falls on a Sunday or Monday , then on the Saturday immediately preceding; but it shall be lawful for the Court at the Time of the Christmas Recess to adjourn for a Period not exceeding Fourteen Days, and to adjourn at such Time during the Month of February as shall be most convenient for a Period not exceeding Seven Days; and the Sittings of the Divisions of the Court for the Trial of Jury Causes shall be held at such Times in each Period of Vacation and Recess as the Lords President of the Divisions may respectively appoint. The Court, except the Lord Ordinary on the Bills, shall not sit on the Fifteenth Day of May or on the Eleventh Day of November , or when either of these Days happen to be a Sunday on the following Monday .
5 Court may extend Sittings of Inner House in certain Cases.
5. Where in any Year the whole of the Causes coming into the Inner House in the Winter Session shall not have been heard before the End of the Summer Session, the Court may, whenever it is expedient for the Despatch of Business, extend the Sittings of the Inner House at such Time and for such Period as may be necessary: Provided always, that nothing herein contained shall affect the Powers of the Court or of Her Majesty in Council to extend the Sittings of the Court under the Provisions of the Acts FirstWilliam the Fourth, Chapter Sixty-nine, and Second and Third Victoria , Chapter Thirty-six.
6 Blank Days of Lords Ordinary abolished.
6. The Lords Ordinary shall sit in the Outer House uponTuesday, Wednesday, Thursday, Friday , and Saturday of each Week during Session; but upon One of these Days in each Week they, in rotation, shall not call their Debate or Motion Rolls, but shall sit for the Purpose of taking Proofs or presiding at Trials by Jury in Causes depending before them respectively: Provided that nothing herein contained shall prevent the Lords Ordinary from taking Proofs or presiding at Trials by Jury on other Days when necessary.
7 Court to meet at 10 a.m.
7. The Hour of meeting of the Court, both Inner House and Outer House, on Sederunt Days shall be Ten of the Clock Forenoon; and it shall be competent for the Court to adjourn over any Day observed as a General Holiday or as a Sacramental Fast in the City ofEdinburgh .
The Hours for the Attendance of the Clerks of Court at their Offices shall be as fixed from Time to Time by the Court.
8 Divisions may meet on Mondays during Session.
8. It shall be competent for either Division of the Inner House to sit onMondays during Session at such Hours as shall be convenient for hearing and advising Causes standing on the Short and Summar Rolls of such Divisions respectively. Notwithstanding anything contained in this Act, Monday shall not be, and shall not be reckoned to be, a ‘Sederunt Day’ in the Sense of this or any other Act, or of any Act of Sederunt. It shall further be competent for the Court from Time to Time by Act of Sederunt to appoint any Four Lords Ordinary to meet as a Court at such Times as shall be specified in the Act of Sederunt, for the Purpose of hearing and disposing of such Causes standing on the Rolls of the First and Second Divisions of the Inner House, not being Causes which have come into the Inner House by Reclaiming Note against the Judgment of a Lord Ordinary, and to appoint One or more of the Depute Clerks of Session to act as Clerk or Clerks of said Court; and further by Act of Sederunt to make all necessary Regulations as to the Causes which shall from Time to Time be so heard and disposed of; and the Senior Lord Ordinary present shall preside, and shall sign the Judgment of the said Court; and such Judgment shall have the same Effect in all respects as a Judgment of One of the Divisions of the Inner House of the Court.
9 Quorum of Teind Court which shall meet on alternate Mondays.
9. Any Five Judges, being Lords Commissioners for Teinds (of whom, except in case of Indisposition or Absence from other necessary Cause, the Lord Ordinary in Teind Causes shall be One), shall constitute a Quorum of the Court of Commissioners for Teinds; and the said Court, instead of meeting once a Fortnight onWednesday , shall meet once a Fortnight on Monday during the Sitting of the Court of Session, at such Hours as shall be convenient.
10 Registration Appeals to be heard on Monday.
10. Appeals to Judges of the Court of Session under the Act or Acts in force for the Time in reference to the Registration of Persons entitled to vote at Elections for Members of Parliament shall be heard onMondays during the Sitting of the Court of Session as often as shall be necessary, but with Power to the Court to continue the Hearing of any such Appeal on other Days.
11 Hearings before consulted Judges to be taken on Mondays.
11. Hearings under the Sixtieth Section of this Act, or under the Act Thirteenth and FourteenthVictoria , Chapter Thirty-six, shall take place on Mondays during the Sittings of the Court as often as shall be necessary, but with Power to the Court to continue the Hearing of any such Case on other Days.
12 Case of Illness or Absence of Judges provided for.
12. In the event of the Indisposition or necessary Absence of any Judge, it shall be competent for the Lord President of the Court to nominate another Judge to officiate in his Room.
II.—Summons.
II.—Summons.
13 Summonses may be signed by any Agent practising before the Court of Session.
13. Summonses passing the Signet shall continue to be signeted as at present, but they may competently be signed by any Agent entitled to practise before the Court of Session; provided that in the event of such Agent not being a Writer to the Signet the Summons shall be signed on the last Page only by a Writer to the Signet in testimony of its being written to the Signet, and any Writer to the Signet shall, on a Fee of Two Shillings and Sixpence being tendered to him, be bound so to sign any Summons which may be presented to him for that Purpose, but he shall not by so signing incur any Responsibility.
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