2 Jan y 1806

Facienda

Outline

Each course to be conducted to its conclusion accidents excepted, such as death, sickness and removal, by the same Judge, whether principal or deputy /substitute/, before whom it was commenced: as in the Court of Session a cause so long as it remains in the Outer House continues in the possession of the same Lord Ordinary.

Under the above rule is to be understood to be included this: viz. that no Judge shall within his own local field of jurisdiction committ the taking of the proof or any part of it to any other person (as in the Sheriffs Courts is now the problem): but that the same person who in quality of Judge collects the evidence, shall be the Judge to decide upon it: unless it be, (and then not without special reason, such as that of saving time) where in and for the purpose of the same course two or more facts perfectly unconnected with each other in respect of the evidence, such as the entering into a contract and the breach of it+, require to be proved - even then without special reason such as that of a material survey in point of time: so cognizance of two independent items on an Account &c &[?]. For other examples see the Table of Causes of Complication and Delay.

In case of any particular connection on the part of a Sheriff with any one of the parties such as might expose his proceedings to the imputation of partiality, obligation on him to declare it (explanation on this head would require /need/ to be given in the tenor of the law) power to him either to name a deputy approved of by all parties, or to remitt the cause to some one of the next adjoining Sheriff's Courts regard being had to the convenience of all parties in respect of distance.