Common Law Procedure Amendment (Ireland) Act 1856
| Jurisdiction | Ireland |
| Citation | 1856 c. 102 |
| Year | 1856 |
(19 & 20 Vict.) C A P. CII.
[29th July 1856]
BE it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Short Title.
I. This Act nay be cited for all Purposes as the ‘Common Law Procedure Amendment Act (Ireland), 1856.’
II & 17 Vict. c. 113. incorporated.
II. This Act and ‘The Common Law Procedure Amendment Act (Ireland ), 1853,’ shall be incorporated and construed together as One Act.
III & 19 Vict. c. 7., and so much of Section 103. of 17 & 18 Vict. c. 125. as relates to Ireland repealed.
III. The Act of the Eighteenth and NineteenthVictoria , Chapter Seven, and so much of Section One hundred and three of ‘The Common Law Procedure Act, 1854,’ as provides that the Enactments in the said Section enumerated shall apply and extend to every Court of Civil Judicature in Ireland , are hereby repealed; provided that such Repeal shall not affect anything duly done or any Liability accruing before the Commencement of this Act, or any Penalty, Forfeiture, or other Punishment incurred or to be incurred in respect of any Offence committed before the Commencement of this Act, or anything required to be done or which may hereafter become necessary to be done to support or continue any Proceeding taken before the Commencement of this Act.
IV Court or Judge may, by Consent of Parties, try Questions of Fact.
IV. The Parties to any Cause may, by Consent in Writing, signed by them or their Attorneys, as the Case may be, leave the Decision of any Issue of Fact to the Court, provided that the Court, or a Judge, shall, in their or his Discretion, think fit to allow such Trial, or provided the Judges of the Superior Courts of Law atDublin shall, in pursuance of the Power in ‘The Common Law Procedure Amendment Act (Ireland ), 1853,’ contained, make any General Rule or Order dispensing with such Allowance, either in all Cases or any particular Class or Classes of Cases to be defined in such Rule or Order; and such Issue of Fact may thereupon be tried and determined, and Damages assessed where necessary, in open Court, either in Term or Vacation, by any Judge who might otherwise have presided at the Trial thereof by Jury, either with or without the Assistance of any other Judge or Judges of the same Court, or included in the same Commission at the Assizes; and the Verdict of such Judge or Judges shall be of the same Effect as the Verdict of a Jury, save that it shall not be questioned upon the Ground of being against the Weight of Evidence; and the Proceedings upon and after such Trial, as to the Power of the Court or Judge, the Evidence, and otherwise, shall be the same as in the Case of Trial by Jury.
V Two Judges may sit at the same Time for Trial of Causes pending in the same Court.
V. It shall be lawful for any One of the Judges of any of the Superior Courts atDublin , at the Request of the Lord Chief Justice, the Chief Justice of the Common Pleas, or Lord Chief Baron, to try the Causes entered for Trial at Nisi Prius in Dublin in any of the Courts, on the same Days on which the said Lord Chief Justice, the Chief Justice of the Common Pleas, or Lord Chief Baron, or any other Judge of the same Court, shall be sitting to try Causes in Dublin , so that the Trial of Two Causes may be proceeded with at the same Time; and all Jurors, Witnesses, and other Persons who may have been summoned or required to attend at or for the Trial of any Cause before the said Lord Chief Justice, the Chief Justice of the Common Pleas, or Lord Chief Baron, as the Case may be, shall give their Attendance at and for the Trial thereof before such other Judge as may be sitting to try the same by virtue of this Act; and it shall be lawful for the Registrars and other Officers of the LordChief Justice, the Chief Justice of the Common Pleas, or Lord Chief Baron, as the Case may be, to appoint from Time to Time fit and proper Persons, to be approved by the said Lord Chief Justice, the Chief Justice of the Common Pleas, or Lord Chief Baron, to attend for them and on their Behalf respectively before such Judge; and the Trial of every Cause which shall be so had by virtue of this Act shall, if necessary, be entered of Record, as having been had before the Judge by whom such Cause in fact was tried.
VI Power to Court or Judge, upon Application, to direct Arbitration before Trial.
VI. If it be made appear, at any Time after the issuing of the Writ, to the Satisfaction of the Court or a Judge, upon the Application of either Party, that the Matter in dispute consists wholly or in part of Matters of mere Account which cannot conveniently be tried in the ordinary Way, it shall be lawful for such Court or Judge, upon such Application, if they or he think fit, to decide such Matter in a summary Manner, or to order that such Matter, either wholly or in part, be referred to an Arbitrator appointed by the Parties, or to the Master of the Court, or, in Country Causes, to the Assistant Barrister of any County or Riding, upon such Terms, as to Costs and otherwise, as such Court or Judge shall think reasonable; and the Decision or Order of such Court or Judge, or the Award or Certificate of such Referee, shall be enforceable by the same Process as the Finding of a Jury upon the Matter referred.
VII Special Case may be stated, and Question of Fact tried.
VII. If it shall appear to the Court or a Judge that the Allowance or Disallowance of any particular Item or Items in such Account depends upon a Question of Law fit to be decided by the Court, or upon a Question of Fact fit to be decided by a Jury, or by a Judge, upon the Consent of both Parties, as herein-before provided, it shall be lawful for such Court or Judge to direct a Case to be stated, or an Issue or Issues to be tried; and the Decision of the Court upon such Case, and the Finding of the Jury or Judge upon such Issue or Issues, shall be taken and acted upon by the Arbitrator, Master, or Assistant Barrister, as the Case may be, as conclusive.
VIII Arbitrator may state Special Case.
VIII. It shall be lawful for the Arbitrator, Master, or Assistant Barrister, upon any compulsory Reference under this Act, or upon any Reference by Consent of Parties where the Submission is or may be made a Rule or Order of any of the Superior Courts of Law or Equity atDublin , if he shall think fit, and if it is not provided to the contrary, to state his Award, as to the whole or any Part thereof, in the Form of a Special Case for the Opinion of the Court, and when an Action is referred, Judgment, if so ordered, may be entered according to the Opinion of the Court.
IX Power to Judge to direct Arbitration at Time of Trial, when Issues of Fact left to his Decision.
IX. If upon the Trial of any Issue of Fact by a Judge under this Act it shall appear to the Judge that the Questions arising thereon involve Matter of Account which cannot conveniently be tried before him, it shall be lawful for him, on the Application of either Party, to order that such Matter of Account be referred to an Arbitrator appointed by the Parties, or to the Master of the Court, or, in Country Causes, to the Assistant Barrister of any County or Riding, upon such Terms, as to Costs and otherwise, as such Judge shall think reasonable; and the Award or Certificate of such Referee shall have the same Effect as herein-before provided as to the Award or Certificate of a Referee before Trial; and it shall be competent for the Judge to proceed to try and dispose of any other Matters in question, not referred, in like Manner as if no Reference had been made.
X Proceedings before and Power of such Arbitrator.
X. The Proceedings upon any such Arbitration or Reference as aforesaid shall, except otherwise directed hereby or by the Submission or Document authorizing the Reference, be conducted in like Manner, and subject to the same Rules and Enactments, as to the Power of the Arbitrator, Master of the Court, or Assistant Barrister, and of the Court, the Attendance of Witnesses, the Production of Documents, enforcing or setting aside the Award, and otherwise, as upon a Reference made by Consent under a Rule of Court or Judge's Order.
XI Judge may send back Matters far Re-consideration to Arbitrator.
XI. In the Case of any such Arbitration or Reference as aforesaid the Court or a Judge shall have Power at any Time, and from Time to Time, to remit the Matters referred, or any or either of them, to the Re-consideration and Re-determination of the said Arbitrator or Referee, upon such Terms, as to Costs and otherwise, as to the said Court or Judge may seem proper.
XII Applications to set aside the Award.
XII. All Applications to set aside any Award made on a compulsory Reference under this Act shall and may be made within the first Seven Days of the Term next following the Publication of the Award to the Parties, whether made in Vacation or Term; and if no such Application is made, or if no...
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