Jury Trials (Scotland) Act 1815
1815 CHAPTER 42 55 Geo 3
An Act to facilitate the Administration of Justice in Scotland by the extending Trial by Jury to Civil Causes.
2d May 1815]
Modifications etc. (not altering text)|
C1 Short title given by Short Titles Act 1896 (c. 14)
C2 Act repealed by Court of Session Act 1850 (c. 36), s. 56 in so far only that it may be in any respect inconsistent or at variance with the provisions of that Act
C3 Preamble omitted under authority of Statute Law Revision Act 1890 (c. 33)
[F1 [1.] Court of Session empowered to direct issues.
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 herein-after directed.]
F1 Ss. 1–19 repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
2—4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F2 Ss. 2—4, 10, 11, 13, 14, 18 repealed by Statute Law Revision Act 1873 (c. 91)
5 Issues for reparation in pecuniary damages.
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.
6 New trial how to be applied for.
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 mis-direction of the judge, on the ground of the undue admission or rejection of evidence, on the ground of excess of damages, or of res noviter veniens ad notitiam, or for such other cause as is essential to the justice of the case:
[F3 Provided that if the court shall be of opinion that the only ground for granting a new trial is either excess of damages or such inadequacy of damages as to show that a new trial is essential to the justice of the cause, it may grant a new trial which shall be restricted to the question of the amount of damages only.]
. . . F4
F3 Words added by S.I. 1965/1169 para. 1
F4 Words repealed by Administration of Justice (Scotland) Act 1972 (c. 59), s. 2(1)(a)
7 Exception may be taken.
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, 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 fourth sederunt 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 herein-after mentioned: Provided always, 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.
8 Judgment thereupon, or refusing a new trial not to be questioned.
If a new trial shall not be 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 anywhere.
9 Power of review of a judgment in point of law.
Provided always, 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.
10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
F5 Ss. 2—4, 10, 11, 13, 14, 18 repealed by Statute Law Revision Act 1873 (c. 91)
12 Salaries to be paid.
It shall and may be lawful for his Majesty, to order and direct to be issued and paid in every year by quarterly payments out of the monies that shall arise from any of the duties and revenues in 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 seven thousand pounds; . . . F6
and . . . F6
the said sum of seven thousand pounds, or so much thereof as shall be certified by the chief commissioner to the Court of Exchequer to be requisite, shall be applied in defraying the expences attending the court and circuits; the application of which last-mentioned sum shall be accounted for in the Exchequer of Scotland.
F6 Words repealed by Statute Law Revision Act 1873 (c. 91)
13, 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
F7 Ss. 2—4, 10, 11, 13, 14, 18 repealed by Statute Law Revision Act 1873 (c. 91)
15 Where issues may be tried.
It shall and may be lawful to try such issues at Edinburgh in time of session; and also in time of vacation, at Edinburgh, and at such circuit towns as in the opinion of the said court of commissioners the circumstances of the case may require, at such time in the spring and autumn vacations immediately after such issue is directed as they shall appoint.
16 Attendance of witnesses.
It shall be lawful for the jury court to grant warrant for citing witnesses and havers, who shall attend and may be compelled to attend and be examined upon oath before the jury court when required, in the same manner that witnesses and havers do attend or may be compelled to attend for the purpose of examination upon oath by the Court of Session.
17 Verdicts, how to be returned.
After the trial of every such issue or issues the judge who presided shall forthwith make a return to the division or lord ordinary which directed the issue of the order or interlocutor directing such issue or issues, with a copy of the verdict of the jury indorsed thereon, certified by his signature to be a true copy; and the said presiding judge shall also, when required by such division, deliver to them a report in writing of the evidence adduced and given on the trial of such issue, as taken down by him at the time, and of the directions, if any, in point of law; and the said indorsed copy of the verdict and the report of the proceedings on such trial shall be conclusive of what passed on such trial: Provided always, that it shall be lawful for the said presiding judge to make such return directly to the judge admiral where the issue shall have been directed upon his report.
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
F8 Ss. 2—4, 10, 11, 13, 14, 18 repealed by Statute Law Revision Act 1873 (c. 91)