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Court of Session Act 1825

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Court of Session Act 1825

1825 CHAPTER 120

An Act for the better regulating of the Forms of Process in the Courts of Law in Scotland.

[5th July 1825]

WHEREAS it is expedient that certain Alterations should be made in the Forms of Proceeding in the Courts of Law in Scotland, and sundry Regulations established for the better expediting of Business in those Courts : And whereas certain Acts were passed in the Reign of His late Majesty, and in the Reign of His present Majesty, concerning the Administration of Justice in Scotland, and Appeals to the House of Lords; and for the better regulating of the Court of Session in Scotland ; and for extending Trial by Jury to Civil Causes: And whereas an Act was passed in the Fourth Year of the Reign of His present Majesty, intituled An Act for empowering Commissioners, to be appointed by His Majesty, to inquire into the Forms of Process in the Courts of Law in Scotland, and the Course of Appeals to the House of Lords: And whereas, pursuant to the said last-mentioned Act, His Majesty did name and appoint by His Royal Sign Manual certain Persons to inquire into the Forms of Process in the Courts of Law in Scotland, and to report on sundry Matters particularly therein set forth: And whereas the said Commissioners so appointed have made a Report to His Majesty upon the Subject Matter upon which they were so directed to report, which Report has been laid before the Two Houses of Parliament: And whereas it is expedient that the before-mentioned Acts should in certain Particulars be altered and amended, and that certain Regulations should .be established for the expediting of Business before the Courts of Law in Scotland, and for extending Trial by Jury in Civil Causes, which cannot be effected without the Authority of. Parliament : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Eleventh Day of November next to come, the Seven junior Ordinary Judges of the Court of Session shall be relieved from Attendance in the Inner House, and shall not sit therein, unless in so far as is herein-after provided, but shall act as. Lords Ordinary in the Outer House, to perform the Business which by the subsisting Acts and Usages belong to the Office of Lords Ordinary in the Outer House ; and the Lord President, and Three of the senior Ordinary Judges of the Court of Session, shall form the Inner House of the First Division, and the Lord Justice Clerk, with the remaining senior Ordinary Judges, shall form the Inner House of the Second Division ; and the Provisions of an Act passed in the Fiftieth Year of the Reign of His late Majesty, intituled An Act for abridging the Forms of extracting Decrees in the Court of Session in Scotland, and for the Regulation of certain Parts if the Proceedings of that Court; and also of an Act passed in the Fifty-third Year of the Reign of His late Majesty, intituled Art Act for the better regulating of the Court of Session in Scotland ; and also of an Act of the First and Second of His present Majesty's Reign, intituled An Act for establishing certain Regulations respecting certain Parts of the Proceedings of the Court of Session, in so far as the same may be found inconsistent with the Regulations above expressed, shall be and the same are hereby repealed: Provided always, that the Judges who now sit in the Inner House of either Division shall not be affected by this Enactment, except, with their own Consent; and therefore the Number of Judges who are to form the Inner House of either Division, and of Lords Ordinary officiating in the Outer House, shall remain as at present, until, either by the Consent of the present Judges, or by new Appointments of Judges, the Enactment may be carried into Effect.

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