Star.
London, England, 1806-06-28 00:00:00

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INS .1 A
Tili MEOW i '
►— CORRECT bort or TIES LOADS
IS" 151.011 T IN • COMSEITTAS OP THE WllOl4
MOUSE, mornsarrao TO CONSIDIt Till
•11011 IMPORTANT SUBJECT.
.--
By the Committee of the *hole Houle appointed to confider the
Matter of the Adrolniftradon of Civil Juftice in Scotland.
Ordered to Raport-g—That the Committee have met
and conlidered the matter to them referred, and have
come to the following refolutions, viz.
Refolved, 1. That it appears to this Committee
that the inereafe of manufactures, extenfion of trade,
improvements of agriculture, and confequent multi-
, plic,ation of tranfaaions, have varied the nature and
greatly increafed the number of fuits brought before
the Courts of Law in Scotland, and thence by appeal
. into this Houle ; and that it has therefore become
r neceffery that tome alterations fhould be made in the
• eftabliffiment of the Courts of Law in that part of the
' united kingdom, adhering as much as
_pollible to the
forms and principles of the laws of Scotland, and
maintaining invariably the true meaning and Spirit
of the Articles of Union. .
Refolved, 2. That it will greatly conduce to the
better adminifiration of jullice in the Court of Sef-
!ion, and will be for the evident utility of Scotland.
that the faid Court inflead of fitting in one collective
body of fifteen Judges, frill fit in fuch number of
feparate chambers as may be found moll convenient;
and that the Lords fitting in arch chambers refine-
lively, fhall exercife the fame funaions, and (hall I
enjoy the fame authority and privileges as are now
exercifed and enjoyed by the whole Lords fitting to-
-11
1 gether.
Refolved, 3. That in each of the faid chambers
one of the judges belonging to fuch chambers fhall
prelude, fuch prefiding Judge to be appointed by his
Idajefty to the Cad office, during good behaviour.
Refolved; 4. That mules coming is the firtt in.
fiance into Court as Inner Houfe Caufes, may be
g brought before any one of the Chambers, at the
-'''- choice of the party inflituting the full; and that
elides coming ioto the Outer Houfe, before any
one of the ordinary Lords of Seffion, and there de-
cided, may be removed by reclaiming petition, OI
otherwife. into that chamber only of which fires
Lord Ordinary (ball be a Member.
Refolved, 5. That in all eanfes, whether origi
'rally brought before the Lord Ordinary, or before
the chambers as Inner Houle Caufes, the defender
flthlh, in his defeoce, dillinaly admit or deny all re-
levantlfalta alledged in the Ammons or other writ by
_which the caufe is brought into Court.
Refolved, 6. 'that if the Defendant fhall, in whole
or in part, deny the rafts Rated by the Purfirer, it•
fhall in his defence Make any averments, in point of
fall, whleh [hall fubfequently be denied by the Pm-
fuer, the Court ortord Ordinary refpeftively, on the
requifition of either party, or the Court at their
own diferetion, (hall order that the ifflie of falls fhall
be tried by a Jury, except in fuch cafes as it Hull be
found proper to except from this rule
,S , Refolved, 7. Thai when it appears to the Cham
ber, or to the Lord Ordinary,'reafonable that fuch iffue
fo directed fhould be tried in that part of the country
where the evidence can be molt cafily obtained,. it
small be competent to remit the caufe to the mama
Circuit, to be there tried by a Jury.
Refolved. 8. That whenever in the inferior Courts
proof (hall have been allowed, it (hall be in the op-
tion
of either party to apply to the Court of Sefton,
in order that the flue may be tried by a jury, if the
Court flail fo think fit: but if neither party apply
for the trial by Jury, the cauft may be decided by ,
the inferior Courts. according to the forms now in
of!, and afterwards in review by the Court of Set•
Pion by fury.or otherwife as the Court fhall think fit.
Refolved, 9. Thar it fhall be competent to parties
to complain againft Verdids if Juries, that the fame
were given contrary to evidence, or by mifdireltion
of the Judge fitting in Ordinary, or on the Circuit,
or preluding in the Chambers.
Refolved, to. That when a party in any Court,
the decrees of which are fubjea to be reviewed by
the Coutt of Seffion, (ball be diflatisfied with any
I,t judgment of fuch Court, he fhall be at liberty in-
fiead of proceeding by the prefect mode of advoca-
tion or fufpenfion, to enter an appeal to the Court of
&Gm, after the mode and form by which decree, of
inferior Courts are brought under the review of the
Lords of jufficiary on the Circuits, wi:11 the excel)
lion of loch cafes as, for the fake of the difpatch of
juftice or otherwife, it may be found neceffary to ex
cept, and for which cafes particular regulations may
hereafter be provided.
Refolved, i t. That when any judgment (call have
been pronounced in any Chamber of the Court of
Seffion, it fhall be fubjeet to review in a Chamber of
Review, in which none of the Judges fhall tit who
belong to that Chamber whole judgment i., to be re-
viewed ; and that the caufe !hall, in that stage, be
condUCted by printed cafes, and heating of Counlel
in the manner and form obferved in appeals to the
Houle of Lords ; fuch Chamber of Review to be ,
contlituted in fuch manner as filed' hereafter be ail- I
pointed by All of Parliament.
Refolved, 12. That no appeal to this Houle from
the Court of Salon be competent, excepting againtt
the judgments of the Chamber of Review.
... Refolved, ss. That no appeal to this Houle be
competent again& interlocutory judgments.
• Refolved. to That fuch coils be allowed by this
Honfe in cafes of appeal,. as' may more effiaually ,
:rod to the dikouragement of frivolous and vexa•
floss appeals.
Refolved, ts. That all extraas in every Court,
foperior and inferior, be 'balked or dinsinifhed, as
far ask (hall be found potible I and that for the ex-
ecution of any decree, or appealing therefrom, it
Beall in all cafes be fufficient that there be an exem-
plificatinn, hgned by the Clerk of Court, containing
the fumtnons, petition, or other writ by which the
caulk was brought into Court, together with the de-
fence, and the different interlocutors, and final judg
ment of the Court, with fuch other parts of the pro-
ceedings only as it may be found indifpenfably need.
City to include in fuch exemplification.
Reedited, 16. That the Commillion for the Plan
tation of Kirks, and Valuation and Sale of Trim's,
granted by the Ad of 1707 to the Court of Sewn,
than be Nudist]. and that a Consmidion be granted'
to the Barons of Exchequer in Seot!and, to judge
and &gamine in all queltions at precut cogoiseible

in the Court of Teinds undo the (aid Commit Goo,
with the exception only of inch cafes as involve a
riricition with regard to the right of Tcinds4 which
(hall be (übjct to the lurildiCtion of the Court of
Seflion alone.

Refol./ed, 17. That no augmentation 'hall hence-
forth be granted by the Cot:mann of Teinds in
any cafe, where the dipend of the parifh has beet
augmented within fuch number of years from the
date of the claim as shall hereafter be fixed.