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General Regulations as to Records,
This Court was first established in Scotland by the act 55. of Geo. III. cap. 42, “ to regulate the adminis“ tration of justice in that part of the united king“ dom called Scotland, by extending trial by jury to " civil causes.” This act was declared to be in force for seven years. But it was amended, and the court declared permanent, by the act 59. of Geo. III. cap. 35. Sect. I. has been partly superseded by a clause in the act next quoted, but the act proceeds to declare,
That the Lord Ordinary of the Outer-House, before whom such processes shall be enrolled, do remit, and he is hereby authorised and required, after defences are lodged, to remit the whole process and productions forthwith to the Jury Court in civil causes; which last-mentioned court is authorised and required, according to rules and regulations which the said court and the Court of Session are herein after empowered to make, to settle an issue or issues, and to try the same by a jury to be summoned and impannelled under the provisions now in force, or herein-after enacted for that purpose.
II. And be it enacted, That if it shall appear to the parties, or either of them, that there is a question of law or relevancy which ought to be decided previous to the remit of the cause to the Jury Court, it shall be competent for them to state the same orally to the Lord Ordinary, who, if he thinks fit, may give judgment de plano, or order pleadings on the alleged question of law or relevancy; and if he orders
pleadings, then the case is to be proceeded in according to the course of the Court of Session; and as soon as such question of law or relevancy shall be disposed of, if matters of fact remain to be proved, the whole process and productions in the case shall be forth with remitted to the Jury Court for the purposes aforesaid.
III. And be it further enacted, That it shall be competent for the Lord Ordinary, if it shall appear to him that there is no question of law or relevancy which ought to be decided previous to the remit of the cause to the Jury Court, forth with to order such cause to be remitted to the said court, for the purposes aforesaid : Provided always, that it shall also be competent for the Lord Ordinary, if he sees cause, to reserve the alleged question of law for the consideration of the Court of Session, after the matters of fact shall have been found by a jury; and in all such cases, the interlocutor of the Lord Ordinary, ordering the cause to be remitted to the Jury Court, whether with or without a reservation of the alleged question of law, shall not be subject to review by representation, petition, appeal to the House of Lords, or otherwise.
IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Lords Ordinary, in all cases other than the actions for damages herein-before enumerated, when matters of fact are to be proved, to order the whole process and productions in the cause to be remitted to the Jury Court, without reporting to the Inner-House: and the said Jury Court is hereby authorised and required to settle an issue or issues, and try the same by a jury, in manner aforesaid ; and if it shall appear to the said Lords Ordinary to be expedient for the due administration of justice, they may pronounce an interlocutor pointing out the matters of fact which they require to be determined by a jury; and the said Jury Court is hereby authorised and required to settle an issue or issues, in terms of such interlo