Court of Session Act 1868

1. Introductory Text

2. 1. Short Title.

3. 2. Interpretation of Terms.

4. 3. Commencement of Act.

5. I.—JUDICIAL ARRANGEMENTS.

   1. 4. Sittings of Court of Session regulated.

   2. 5. Court may extend Sittings of Inner House in certain Cases.

   3. 6. Blank Days of Lords Ordinary abolished.

   4. 7. Court to meet at 10 a.m.

   5. 8. Divisions may meet on Mondays during Session.

   6. 9. Quorum of Teind Court which shall meet on alternate Mondays.

   7. 10. Registration Appeals to be heard on Monday.

   8. 11. Hearings before consulted Judges to be taken on Mondays.

   9. 12. Case of Illness or Absence of Judges provided for.

6. II.—SUMMONS.

   1. 13. Summonses may be signed by any Agent practising before the Court of Session.

   2. 14. Induciae of Summonses and other Writs passing the Signet shortened

   3. 15. As to proving lost Summonses or Pleading.

   4. 16. Certified Copy may be used in place of Original in Service of Summonses and Writs.

   5. 17. Lord Advocate's Concurrence not to be necessary in Actions of Reduction-Improbation and Ranking and Sale.

   6. 18. Warrant of Inhibition may be inserted in Will of Summons. Publication of such Warrants and Letters of Inhibition.

   7. 19. Summonses against certain Defenders, &c. may be served by Sheriff Officers.

   8. 20. Amendment of Summonses and Pleadings in undefended Causes.

   9. 21. Party appearing not to state Objections to Execution of Summonses, &c.

7. III.—CALLING AND DECREE IN ABSENCE.

   1. 22. New Procedure in reference to calling of Summonses and Enrolment for Decree.

   2. 23. Mode of obtaining Decrees in Absence.

   3. 24. Certain Decrees in Absence to have Effect as Decrees in foro.

8. IV.—RECORD, MOTIONS, AND PROBATION.

   1. 25. Revisal of Pleadings not to be allowed as Matter of course.

   2. 26. Procedure after Pleadings completed, and Adjustment of Pleadings.

   3. 27. Procedure after Record closed, and Adjustment of Issues.

   4. 28. Review of certain Interlocutors of the Lord Ordinary.

   5. 29. Amendment of Records in defended Actions.

   6. 30. Pleadings in Actions of Multiplepoinding.

   7. 31. Motions in the Outer House.

   8. 32. Regulations as to Time of addressing the Court in Proofs under the Conjugal Rights and Evidence Acts.

   9. 33. Time of Trial of Cases under the Conjugal Rights and Evidence Acts.

9. V.—JURY TRIAL.

   1. 34. Exceptions taken at a Jury Trial may be insisted in, either by Motion for new Trial, or by Bill of Exceptions.

   2. 35. Form of Bill of Exceptions; Evidence need not be set forth at Length in the Bill.

   3. 36. Verdict may be taken subject to the Opinion of the Court on a Point reserved.

   4. 37. Evidence may of Consent be taken in Shorthand.

   5. 38. Special Case may be substituted for Special Verdict.

   6. 39. Abandonment of Action in the course of a Trial.

   7. 40. Pursuer recovering less than 5l. of Damages not to recover. Expenses if the Judge shall certify.

   8. 41. Provision for Payment of deficient Stamp Duty pursuant to Judge's Certificate to be final.

   9. 42. Clerk to remit the Duty, &c. to Commissioners of Inland Revenue.

   10. 43. Certain Exemptions from serving as Jurors abolished.

   11. 44. In Civil Causes Juries to consist of Eight Common and Four Special Jurors.

   12. 45. Mode of returning Jurors.

   13. 46. Provisions for Trial of Civil Causes by Jury at Circuit.

   14. 47. Jurors to be cited by registered Post Letter.

   15. 48. Verdicts may be returned by a Majority.

   16. 49. Remuneration of Jurors.

   17. 50. Inferior Court Agents to act at Jury Trials on Circuit.

10. VI.—INNER HOUSE PROCEDURE.

    1. 51. Form of Reclaiming Notes, and Time of presenting.

    2. 52. Effect of a Reclaiming Note against a Final Judgment.

    3. 53. Definition of Final Judgment in the Outer House.

    4. 54. No Appeal allowed against Interlocutory Judgment without Leave; Effect of such Appeal.

    5. 55. Disposal of such Reclaiming Notes.

    6. 56. After Reclaiming Note against a Final Judgment, Cause not to be remitted to Outer House.

    7. 57. Inner House may order Repayment of Money, &c.

    8. 58. Hearing of Motion for new Trials, &c.

    9. 59. Provision for Rehearing before Five Judges in case of equal Division of Opinion

    10. 60. Cases of Difficulty and Importance may be referred to Seven Judges in place of to the whole Court.

    11. 61. New Trial not to be granted if Court equally divided.

    12. 62. Amendment of 29 & 30 Vict. c.112 s. 3.

    13. 63. Special Cases on Questions of Law.

11. VII.—APPEALS FROM INFERIOR COURTS.

    1. 64. Process of Advocation abolished.

    2. 65. Appeals substituted for Advocation.

    3. 66. Form of Note of Appeal.

    4. 67. Not competent to appeal after Six Months from Date of Final Judgment.

    5. 68. Time at which Interlocutors of Inferior Courts may be extracted.

    6. 69. Effect of Appeals under this Act.

    7. 70. Notice of Appeal.

    8. 71. Form of bringing Appeals into Court of Session.

    9. 72. Proof and Judgment upon Appeals.

    10. 73. Appeal under s.40 of 6 G.4 c.120.

    11. 74. Procedure in place of Advocations ob contingentiam.

    12. 75. Exclusion of Review in such Cases.

    13. 76. Appeals substituted for Advocations under special Enactments.

    14. 77. Provisions for completing Record in Processes removed to the Court of Session by Appeal.

    15. 78. Exclusion of Review by Advocation under special Enactments to imply Exclusion of Review by Appeal.

    16. 79. Regulation of Interim Possession pending Appeal to the Court of Session.

    17. 80. How far Provisions of Part VII to apply to depending Actions.

12. VIII.—ACCOUNTINGS, SUSPENSIONS, AND SUMMARY PETITIONS.

    1. 81. Accountant may be required to attend Debate, and assist in settling the Terms of the Remit.

    2. 82. Accountant to have Power to compel Production of Documents, and Attendance of Parties and Witnesses.

    3. 83. In case of Default Accountant to proceed ex parte.

    4. 84. Accountant may apply to Court for special Direction.

    5. 85. Parties may appeal from Accountant, or move the Court for special Direction.

    6. 86. Accountant to report Results in the Form of a Certificate of his Opinion.

    7. 87. Court empowered to take the Assistance of the Accountant in applying their Judgment so as to bring out Results.

    8. 88. Procedure when Remit to Accountant made by the Lord Ordinary.

    9. 89. Lord Ordinary on Bills, &c. may grant Warrant ad factum praestandum.

    10. 90. As soon as Note passed in Bill Chamber, Cause to be come Court of Session Process.

    11. 91. Questions of Possession or specific Performance may be presented in the Form of a summary Petition.

    12. 92. Appointment of Judicial Reporters on summary Petitions.

13. IX.—MISCELLANEOUS PROVISIONS.

    1. 93. Procedure in Time of Vacation.

    2. 94. Lord Ordinary may sign Interlocutors in Vacation.

    3. 95. New Procedure in place of Actions of Wakening.

    4. 96. New Procedure in place of Actions of Transference.

    5. 97. New Procedure in place of combined Actions of Wakening and Transference.

    6. 98. Transference of Actions depending in the Inner House.

    7. 99. Not competent to object to Productions after Record closed.

    8. 100. Amendment of Conjugal Rights Act.

    9. 101. Cognition of the Insane regulated.

    10. 102. Bonds of Caution for Judicial Factor for Lunatics to be approved of by Principal Clerks of Session only.

    11. 103. Regulation as to Declinature of Jurisdiction.

    12. 104. Annual Returns to be made to Parliament.

    13. 105. Salaries of certain Officers to be regulated.

    14. 106. Court to make Acts of Sederunt.

    15. 107. Repeal of Acts, &c.