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Court Of Session Act 1830

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Point in time view as at 01/04/1996.

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E+W+S+N.I.

Court Of Session Act 1830

1830 CHAPTER 69 11 Geo 4 and 1 Will 4

An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reduction in the Judicial Establishments of Scotland.

[23d July 1830]

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Modifications etc. (not altering text)

C1Short title given by Short Titles Act 1896 (c. 14)

C2Act repealed by Court of Session Act 1850 (c. 36), s. 56 in so far only as it may be in any respect inconsistent or at variance with the provisions of that Act and in so far as inconsistent with Rules of Court by S.I. 1948/1691 (1948 I, p. 3778) and 1965/321

1—3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S+N.I.

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5—7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S+N.I.

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Amendments (Textual)

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S+N.I.

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Amendments (Textual)

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S+N.I.

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10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S+N.I.

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11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S+N.I.

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12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S+N.I.

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13, 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S+N.I.

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15, 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S+N.I.

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17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S+N.I.

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Amendments (Textual)

F1218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F12S. 18 repealed (S.)(1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S+N.I.

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20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S+N.I.

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Amendments (Textual)

21 Transference of Admiralty Jurisdiction.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 the Court of Session shall hold and exercise original jurisdiction in all maritime civil causes and proceedings of the same nature and extent in all respects as that held and exercised in regard to such causes by the High Court of Admiralty before the passing of this Act;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

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Amendments (Textual)

F15Recital omitted under authority of and words repealed by Statute Law Revision (No. 2) Act 1890 (c. 51)

22—24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S+N.I.

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25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S+N.I.

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Amendments (Textual)

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S+N.I.

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Amendments (Textual)

27 Sheriff clerks to act as clerks to sheriffs in maritime causes.E+W+S+N.I.

The sheriff clerks of the several counties of Scotland shall respectively act as clerks to the sheriffs in maritime causes: Provided always, that neither that officer, nor any other person appointed to any office, or acquiring right to any fees or emoluments in virtue of the provisions of this Act, shall be entitled to prefer any claim to compensation in consequence of the subsequent abolition of such office or fees, or of any alteration therein.

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S+N.I.

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Amendments (Textual)

[F2129 As to inferior Admiralty jurisdiction.E+W+S+N.I.

All inferior Admiralty jurisdiction, not dependent upon the High Court of Admiralty, shall continue as heretofore, but the judgments of such courts shall be subject to review solely in the courts of Session and Justiciary respectively: Provided always, that nothing herein contained shall extend or be construed to extend to lessen or take away any salary or allowance now payable to the sheriff substitute of the district of the town of Leith by the commissioners of police of the said town, but the same shall continue to be paid as heretofore.]

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Amendments (Textual)

F21S. 29 repealed (S.), so far as relating to the Court of Session, and the proviso by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W+S+N.I.

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31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W+S+N.I.

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32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W+S+N.I.

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Amendments (Textual)

33 Consistorial actions to be instituted in the Court of Session. E+W+S+N.I.

[F25Subject to section 5(2B) of the Sheriff Courts (Scotland) Act 1907, all]actions of declarator of marriage, and of nullity of marriage, . . . F26, and all actions of divorce, . . . F27 shall be competent to be brought and insisted on only before the Court of Session.

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Amendments (Textual)

Modifications etc. (not altering text)

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W+S+N.I.

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35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W+S+N.I.

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36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30E+W+S+N.I.

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37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W+S+N.I.

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38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W+S+N.I.

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39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W+S+N.I.

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40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W+S+N.I.

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41—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W+S+N.I.

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44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W+S+N.I.

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45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W+S+N.I.

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46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38E+W+S+N.I.

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Amendments (Textual)

F39F39SCHEDULEE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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