Search Legislation

Jury Trials (Scotland) Act 1815

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Jury Trials (Scotland) Act 1815, Section 29. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

29 View.E+W+S+N.I.

When it shall appear that it will be proper and necessary that the jurors who are to try such issues as aforesaid should have the view of the houses, lands, or places, in question, in order to their better understanding the evidence that will be given upon the trial of such issues, in every such case it shall be lawful for either division of the said Court of Session by the special interlocutor by which such issue is directed, or for the said jury court to order that a view should be allowed; and in every case where such view is allowed as aforesaid, six of the jurors named in the said list, . . . F1 or more, who shall be mutually consented to by the parties or their agents on both sides, and if the parties cannot agree, six or more of the first twelve on the list of jurors returned by the [F2sheriff principal], or other officer or officers as aforesaid, shall have the view, and shall be first sworn, or such of them as shall appear upon the jury to try the issue before any drawing as aforesaid, and so many only shall be drawn to be added to viewers who appear, as shall, after all defaulters and challenges allowed, to make up the number of twelve to be sworn for the trial of the said issue; and it shall and may be lawful for the said jury court, and they are hereby required, in every such case, by an authority or precept signed by the clerk of the jury court, to order and direct the [F2sheriff principal] or officer or officers, who shall summon the jury for the trial of such issue, to have the said jurors, who shall be so selected or named to be viewers as aforesaid, at the place in question some convenient time before the trial of the said issue, who should then and there have the matters in question shewn to them by two persons named in the said summons, and appointed by the said jury court; and the said [F2sheriff principal] or other officer or officers shall certify upon the said last-mentioned authority or precept, that the view hath been had according to the direction contained therein, and shall forthwith return the same to the said jury court: Provided always, that the expence of such view shall be equally borne by all parties, and that no evidence shall be given on either side at the time of taking thereof: Provided also, that in case no view shall be had, or if a view shall be had by any of the jurors contained in the said list, whether they shall happen to be any of the jurors who shall be selected or nominated as aforesaid, yet the trial of the said issue shall proceed, and no objection shall be made on, thereof, or for want of a proper certificate of the view having been taken as aforesaid.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources