XVI Discussion of the Cause on the Merits. Power to order Cases to be prepared.
And be it further enacted by the Authority aforesaid, That where a Cause is by means of Admissions, or from the Nature of the Cause, deemed fit to be discussed and determined in the Court of Session, without having recourse to Jury Trial, or when the Parties concur in desiring to have a Question of Law or of Relevancy determined previous to Trial by Jury, or when it shall be finally ordered by the Lord Ordinary or the Inner House, that any Question of Law or Relevancy shall be determined previous to Trial, or when the Cause shall come back to the Court of Session with a Verdict on a special Issue sent for Trial, in these, or any of these or the like Cases, the Lord Ordinary may either proceed himself to decide the Cause or Matter to be determined, or take it to report to the Inner House, as to him shall seem most expedient; and he may either order the Parties to argue the Whole or any Part of the Cause before him, as often as he may find it necessary, or direct Cases in Writing to be prepared by the Parties in the Form herein-after appointed, and to be seen, intercharged, and finally adjusted; and for compelling Obedience to such Order, the Court of Session are hereby required and enjoined to take effectual Means, by Regulations to be by them made, as herein-after directed; and after such Cases shall have been so lodged, the Parties shall have an Opportunity of being further heard, if they or either of them shall desire it.