Court of Session Act 1850

1. Introductory Text

2. New Form of Summons and Defences.

3. II. Record, how to be made up.

4. III. Where Pursuer willing, Record may be closed on Summons and Defences.

5. IV. Prorogations, how to be granted.

6. V. Record to be closed by Interlocutor, and no Authentication by Counsel to be necessary.

7. VI. Lord Ordinary may appoint closed Record to be printed.

8. VII. Dilatory Defences in Reductions, how to be disposed of.

9. VIII. Production may be satisfied on Box Day.

10. IX. Record to be made up in Advocations and Suspensions, after Answers are lodged, similarly to other Actions ;

11. X. and in Processes of Competition, &c. as may be fixed by the Court of Session by Act of Sederunt.

12. XI. Reclaiming Days limited to Ten, except for Judgments on the Merits and Decrees in Absence.

13. XII. Reclaiming Notes during the making up of the Record prohibited, except with Leave of the Lord Ordinary.

14. XIII. Process may proceed, notwithstanding Reclaiming Note or Appeal.

15. XIV. Lords Ordinary not to order written Argument.

16. XV. Summonses now signed by Clerk of the Court of Session may be signed by a Writer to the Signet.

17. XVI. Actions of Adherence, &c. to be instituted in the Court of Session.

18. XVII. Members of College of Justice not to institute Actions not otherwise competent.

19. XVIII. Summonses not to proceed on Bills, or to bear Dates except the Dates of signeting.

20. XIX. Regulations as to Multiple poindings,

21. XX. Short Forms of Execution provided.

22. XXI. Inducise of Summonses and other Writs passing the Signet shortened.

23. XXII. Edictal Citations regulated.

24. XXIII. Protestations for not calling and enrolling regulated.

25. XXIV. Granting Judicial Bonds in Maritime Causes abolished.

26. XXV. Copy of an Interlocutor granting Commission or Diligence to be equivalent to a formal Extract.

27. XXVI. Witnesses abroad maybe examined in Consistorial Causes by Commission.

28. XXVII. Diligences may be reported on Box Days.

29. XXVIII. Interim Decrees to be extractible without special Allowance.

30. XXIX. Decree for Expenses to include Expense of Extract.

31. XXX. Actions may be wakened without a Summons.

32. XXXI. Transference of Action to include a Wakening.

33. XXXII. In Advocations and Suspensions, if Record closed and Proof concluded in Inferior Court, Case may be taken at once to the Inner House without a Judgment of the Lord Ordinary.

34. XXXIII. Who to fix Lord Ordinary and Division in Advocations and Suspensions.

35. XXXIV. Advocations on Juratory Caution not to be proceeded with where there is no probabilis Causa.

36. XXXV. Provision as to one Division of the Court consulting the other.

37. XXXVI. Procedure in Jury Causes to be the same, so far as is applicable, as in other Court of Session Causes.

38. XXXVII. Offices of Issue Clerk and Jury Clerk abolished.

39. XXXVIII. Procedure for the Adjustment of Issues.

40. XXXIX. Engrossment of Issues abolished.

41. XL. On Issues being approved of, Time and Place of Trial to be fixed.

42. XLI. Lord Ordinary in the Cause to preside at Trial during Session.

43. XLII. Lord Ordinary, &c. to have Power to summon Jury, and to appoint Cause to be tried by a Special Jury.

44. XLIII. Certified Copy of the Interlocutor fixing the Trial to be the Warrant for citing Witnesses.

45. XLIV. Counsel for each Party to be heard after Evidence closed.

46. XLV. Restriction of Bills of Exceptions.

47. XLVI. Lord Ordinary may try Issues of Consent without a Jury.

48. XLVII. Lord Ordinary's Findings in Fact shall be final unless reclaimed against. Proviso as to Appeals on Questions of Law.

49. XLVIII. Lord Ordinary may try special Facts without a Jury.

50. XLIX. Lord Ordinary may take the Evidence by Commission, except in the enumerated Causes.

51. L. Parties may choose their own Jury.

52. LI. Reports by Lords Ordinary to be verbal.

53. LII. Compensation.

54. LIII. Interpretation of Terms.

55. LIV. Court of Session may make Regulations by Acts of Sederunt.

56. LV. Commencement of Act.

57. LVI. Recited Acts, &c. repealed in so far as at variance with this Act.

58. LVII. Act may be amended, &c.

59. SCHEDULES to which this Act refers.

    1. SCHEDULE (A.)

    2. SCHEDULE (B.)