Court of Session Act 1825

XXXIV How Issues are to be framed and settled.

And be it further enacted, That from and after the said Eleventh Day of November next, when a Cause shall be ready for the framing of Issues, whether it be one of the Causes above enumerated as appropriate to the Jury Court, or a Cause remitted generally from the Court of Session for Trial by Jury, the Pursuer of the Issue shall deliver to the Clerk of the Jury Court the Issue or Issues in the Cause which he may conceive to be proper for Trial, prepared and signed by Counsel; and in like Manner the Defender in the Issue may, if he think proper, lodge with the Clerk the Issue or Issues in the Cause which he may conceive to be proper for Trial, prepared and signed in like Manner ; and if the Issue or Issues so respectively delivered to the Clerk shall be approved of by the Jury Court, the same Issues shall be delivered out to the Parties by the Clerk to be tried by the Jury; but if the Issues shall not be delivered by the Parties, or either of them, to the said Clerk, or if, when so delivered, they shall not be approved of by. the Court, the said Court shall direct a proper Issue or Issues to be framed, or shall alter the Issue or Issues as framed and delivered either by adding such other Issues as they may deem necessary, or by leaving out such as are unnecessary, or by re-modelling those which have by the Parties been delivered ; and a Copy of the Issue or Issues so altered by the Court shall be delivered out for Trial to the respective Parties in the Cause; provided, however, that if either Party shall object to the Issues, as settled by the Court, he shall be at liberty, at any Time within Ten Days, to apply to the Court, by Motion, to have such Alteration made therein as lie may think will better adapt the Issue for the Trial of the Cause, or to have the Issues originally proposed by him adopted ; and the Court shall, after hearing Counsel, make such Order thereupon as the Justice of the Case may require, and which Order shall be final.