Court of Session Act 1825

XXVIII Jury Court. Provisions of 59 G. 3. c. 35. as to remitting certain Actions to the Jury Court, &c. repealed. Description and Enumeration of Causes appropriate to the Jury Court.

And whereas by an [55 G. 3. c. 42.] Act passed in the Fifty-fifth Year of His late Majesty King George the Third, intituled An Act to facilitate the Administration of Justice in that Part of Great Britain called Scotland, by the extending of Jury Trial to Civil Causes ; and by another [59 G. 3. c. 35.] Act passed in the Fifty-ninth Year of His late Majesty's Reign, to amend the Act above mentioned; and by Regulations framed an4 approved of in the Manner by the foresaid Acts provided, several -Provisions have been made relating to the Jury Court, and to Trial by Jury in Civil Causes, some of which it is expedient to repeal, vary, and amend, and to make other Provisions for the further Improvement of that Mode of Trial; be it therefore further enacted, That the Provisions of the said Act of the Fifty-ninth of George the Third, by which it is directed that certain Actions be remitted to the Jury-Court, but that, previous to their being so remitted to the Jury Court, Questions of Law or Relevancy may be raised, pleaded, and decided in the Court of Session, shall be and the same are hereby repealed; and the following Actions, whether originating in the Court of Session or in the Court of Admiralty, shall 'be held as Causes appropriate to the Jury Court, and shall, for the Purpose of being discussed and determined in that Court, be remitted at once to that Court in manner herein-after to be directed ; namely, all Actions on account of Injury to the Person, whether real or verbal, as Assault and Battery, Libel or Defamation ; all Actions on account of any Injury to Moveables or to Land, when in this last Case the Title is not in question ; all Actions for Damages on account of Breach of Promise of Marriage, or on account of Seduction or Adultery ; all Actions founded on Delinquency or quasi Delinquency of any Kind, where the Conclusion shall be for Damages only and Expences; all Actions on the Responsibility of Shipmasters and Owners, Carriers by Land or Water, Innkeepers or Stablers, for the safe Custody and Care of Goods and Commodities, Horses, Money, Clothes, Jewels, and other Articles, and in general all Actions grounded on the Principle of the Edict Nautae Caupones Stabularii ; all Actions brought for Nuisance ; all Actions of Reduction on the Head of Furiosity and Idiotcy, or on Facility and Lesion, or on Force and Fear ; all Actions on Policies of Insurance, whether for 'Maritime or-Fire or Life Insurance; all Actions on Charter Parties and Bills of Lading ; all Actions for Freight; all Actions on Contracts for the Carriage of Goods by Land or Water; and Actions for the Wages of Masters and Mariners of Ships or Vessels.