Nautical Assessors (Scotland) Act 1894

1894 CHAPTER 40 57 and 58 Vict

An Act to provide for the attendance of Assessors at the trial and hearing of Maritime Causes in the Court of Session and Sheriff Courts in Scotland, and in Appeals to the House of Lords.

[17th August 1894]

Modifications etc. (not altering text)

C1 Act repealed in so far as inconsistent with Rules of Court by S.I. 1948/1691 (1948 I, p. 3778) and S.I. 1965/321

1 Short title. S

This Act may be cited as the Nautical Assessors (Scotland) Act 1894 and shall apply to Scotland only.

2 Appointment of assessors in Court of Session or Sheriff Court. S

In any action or proceeding in the Court of Session or in the Sheriff Court arising out of or relating to collision at sea, salvage, towage, or any other maritime matter, the Court, if it thinks fit, may, and on the application of any party, shall, summon to its assistance at the trial, or at any subsequent hearing, whether on reclaiming note, appeal or otherwise, one or more persons of nautical skill and experience, who may be willing to sit with the Court and act as assessor or assessors, but, where it is proposed to summon any person as an assessor, objection to him, either personally or in respect of his qualification, may be stated by any party to the action or proceeding, and shall be disposed of by the Court.

3 Note to be made of questions submitted to assessors. S

The judge before whom any cause is tried with the assistance of an assessor or assessors summoned under the provisions of this Act, shall make a note of the questions submitted by him to such assessor or assessors, and of the answer or answers thereto.

4 List of assessors to be kept. S

The assessors shall be appointed from a list of persons approved for the purpose, as regards the Court of Session by the Lord President, and as regards the Sheriff Court by the [F1 Sheriff principal] of the Sheriffdom. Such lists shall be published as the Lord President, or the [F1 Sheriff principal], as the case may be, shall direct, and shall be in force for three years only, but persons entered in any such list may be again approved in any subsequent list. It shall be lawful for the [F1 Sheriff principal] to defer the preparation of such a list until an application has been made to summon an assessor or assessors in an action depending in one of the courts of his sheriffdom.

Textual Amendments

F1 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

5 †Court of Session may frame Act of Sederunt. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 and such remuneration shall be treated as expenses in the action or proceeding, unless otherwise ordered by the Court.

Textual Amendments

F2 Words repealed by Administration of Justice (Scotland) Act 1933 (c. 41), Sch.

Modifications etc. (not altering text)

C2 Unreliable marginal note

C3 “Such remuneration” means remuneration of assessors prescribed by Act of Sederunt

6 Assessors in the House of Lords. S

For the hearing and determination of any appeal against a judgment of any Scottish Court in any such action or proceeding as aforesaid, the House of Lords may, if it shall think it expedient to do so, call in the aid of one or more assessors specially qualified, and hear such appeal wholly or partially with the assistance of such assessor or assessors.

This section shall be carried into effect in pursuance of Orders made by the House of Lords.

7 Definitions. S

The expression “Court” shall include the Lord Ordinary and either Division of the Court of Session, and the [F3 Sheriff principal and sheriff], but the expression [F3 Sheriff principal] shall not include [F3 Sheriff].

Textual Amendments

F3 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4