Jury Trials (Scotland) Act 1815
1815 c.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]
Annotations: | |
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C2 | Act repealed by Court of Session Act 1850 (c. 36), s. 56 in so far only that it may be in any respect inconsistent or at variance with the provisions of that Act |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.Annotations: | |
Amendments (Textual) | |
F1 | Ss. 1–19 repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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
Annotations: | |
Amendments (Textual) | |
F2 | Ss. 2—4, 10, 11, 13, 14, 18 repealed by Statute Law Revision Act 1873 (c. 91) |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…