Jury Trials (Scotland) Act 1815
| Jurisdiction | UK Non-devolved |
| Citation | 1815 c. 42 |
| Year | 1815 |
(55 Geo. 3) C A P. XLII.
[2d May 1815]
'WHEREAS Trial by Jury in Civil Causes would be attended with beneficial Effects to the Administration of Justice in that Part of the United Kingdom ofGreat Britain and Ireland called Scotland ; but it is expedient, that such Trials for a time to be limited, should in the First Instance be confined to Issues directed by either Division of the Court of Session;' May it therefore please Your Majesty that it may be enacted, and be it enacted by The King'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, That as soon as by virtue and under the Authority of this Act His Majestyshall appoint Judges to form a Court for the Trial of Issues in Civil Causes, it shall and may be lawful for either Division of the Court of Session, in all cases that may be brought before them during the Continuance of this Act, wherein Matters of Fact are to be proved, to order and direct, by Special Interlocutor, such Issues as may appear to them expedient for the due Administration of Justice, to be sent to the said Court, that such Issues may be there tried by a Jury in manner hereinafter directed.
II Lord Ordinary to report for this Purpose.
II. And be it enacted by the Authority aforesaid, That in all cases as aforesaid wherein a Lord Ordinary shall see Cause for Issues to be directed to be tried by a Jury, he shall take the Cause verbally to report to the Division of the Court to which such Ordinary belongs, so that the said Division may determine whether such Issue shall be sent to the said Court to be tried by a Jury, or shall dispose of the Cause, as in Manner and Form as at present practised.
III Proviso for Judge of Court of Admiralty.
III. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for the Judge of the Court of Admiralty to report in Writing to either of the Divisions of the Court of Session, the circumstances of every Case that appears to him to be a Case in which an Issue should be directed to be tried by a Jury, in order that the Division may direct such Issue, or order the Cause to proceed in Manner and Form as at present practised.
IV Interlocutor granting or refusing Trial not questioned.
IV. And be it further enacted by the Authority aforesaid, That it shall not be competent, either by Reclaiming Petition or Appeal to the House of Lords, so question any Interlocutor granting or refusing such Trial by Jury.
V Issues for Reparation in pecuniary Damages.
V. And be it further enacted by the Authority aforesaid, That in all Issues referred by the Court of Session to be tried by a Jury in Causes wherein the Summons concludes for Reparation by Pecuniary Damages, the Jury, if they shall find a Verdict for the Pursuer, shall also assess the Damages.
VI New Trial, how applied for.
VI. And be it further enacted by the Authority aforesaid, That in all cases in which an Issue or Issues shall have been directed to be tried by a Jury, it shall be lawful and competent for the Party who is dissatisfied with the Verdict to apply to the Division of the Court of Session which directed the Issue for a new Trial, on the ground of the Verdict being contrary to Evidence, on the ground of Misdirection of the Judge, on the ground of the undue Admission or Rejection of Evidence, on the ground of Excess of Damages, or ofRes noviter veniens ad Notitiam , or for such other Cause as is essential to the Justice of the Case: Providedalso, that such Interlocutor granting or refusing a new Trial shall not be subject to Review, by Reclaiming Petition or by Appeal to the House of Lords.
VII Exception taken.
VII. And be it further enacted by the Authority aforesaid, That it shall be competent to the Counsel for any Party at the Trial of any Issue or Issues, to except to the Opinion and Direction of the Judge or Judges before whom the same shall be tried, either as to the Competency of Witnesses, the Admissibility of Evidence, or other Matter of Law arising at the Trial; and that on such Exception being taken, the same shall be put in Writing by the Counsel for the Party objecting, and signed by the Judge or Judges; but notwithstanding the said Exception, the Trial shall proceed, and the Jury shall give a Verdict therein for the Pursuer or Defender, and assess Damages when necessary; and after the Trial of every such Issue or Issues, the Judge who presided shall forthwith present the said Exception, with the Order or Interlocutor directing such Issue or Issues, and a Copy of the Verdict of the Jury indorsed thereon, to the Division by which the said Issue or Issues were directed, which Division shall thereupon order the said Exception to be heard in presence on or before the FourthSederunt Day thereafter; and in case the said Division shall allow the said Exception, they shall direct another Jury to be summoned for the Trial of the said Issue or Issues, or if the Exception shall be disallowed, the Verdict shall be final and conclusive as hereinafter mentioned: Providedalways, that it shall be competent to the Party against whom any Interlocutor shall be pronounced on the Matter of the Exception, to appeal from such Interlocutor to the House of Lords, attaching a Copy of the Exception to the Petition of Appeal, certified by One of the Clerks of Session; so as such Appeal shall be presented to the House of Lords within Fourteen Days after the Interlocutor shall have been pronounced, if Parliament shall be then sitting, or if Parliament shall not be sitting, then within Eight Days after the Commencement of the next Session of Parliament, but not afterwards; and so as the Proceedings on such Appeal do conform in all respects to the Rules and Regulations established respecting Appeals; and every such Appeal shall be appointed to be heard on or before the Fourth Cause Day after the time limited for laying the printed Cases in such Appeal upon the Table of the House of Lords; and upon the Hearing of such Appeal, the House of Lords shall give such Judgment regarding the farther Proceedings, either by directing a new Trial to be had, or otherwise, as the case may require.
VIII Judgment thereupon, or refusing new Trial, not questioned.
VIII. And be it further enacted by the Authority aforesaid, That if a new Trial shall not he applied for, or shall be refused, or if the Exception taken to the Opinion and Direction of the Judge or Judges shall be disallowed, the Verdict shall be final and conclusive as to the Fact or Facts found by the Jury, and shall be so taken and considered by the Court of Session or by the Judge Admiral respectively in pronouncing their Judgment, and shall not be liable to be questioned any where.
IX Power of Review of Judgment in point of Law.
IX. Provided always, and be it enacted by the Authority aforesaid, That in all cases wherein the Court shall pronounce a Judgment in point of Law, as applicable to or arising out of the Finding by the Verdict, it shall be lawful and competent for the Party dissatisfied with the said Judgment in point of Law, to bring the same under Review, either by Representation or Reclaiming Petition, or by Appeal to the House of Lords, or where the Judge Admiral shall have pronounced Judgment in point of Law on the Verdict, it shall be lawful and competent for the Party or Parties to bring the same under the Review of the Court of Session as heretofore.
X Commissioners of Jury Court appointed.
X. And be it further enacted by the Authority aforesaid, That immediately after the passing of this Act it shall be lawful for His Majesty, his Heirs and Successors, to nominate and appoint, by Commission under the Seal appointed by the Treaty of Union (a) to be kept and used in that Part of the United Kingdom called Scotland , instead of the Great Seal thereof, One Chief Judge, and Two other Judges, before whom the Trial of Issues may be had and take place, to be called ‘The Lords Commissioners of the Jury Court in Civil Causes ,’ and to hold their said Offices ad vitam if this or any other Act under which they shall be Commissioners shall so long continue, or ad culpam ; and in case of future Vacancies in the said Commissions, the same shall be filled up by a Letter from His Majesty, his Heirs and Successors, directed to the President and Senators of the College of Justice: Provided always and nevertheless, that it shall be lawful for His Majesty, his Heirs and Successors, to remove the said Judges on an Address from both Houses of Parliament.
XI Of whom composed,
XI. And be it enacted by the Authority aforesaid, That the Persons so to be nominated shall be Senators of the College of Justice, or Barons of the Court of Exchequer, inScotland , and that...
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