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British Law Ascertainment Act, 1859

British Law Ascertainment Act, 1859

British Law Ascertainment Act, 1859

[Act No. 22 of 1859]

[13th August, 1859]

An Act to afford Facilities for the more certain Ascertainment of the Law administered In one Part of Her Majesty’s Dominions when pleaded in the Courts of another Part thereof. [Preamble and enacting words: Repealed by 55 and 56 Vict., c. 19]

2. Certified copies of opinion to be given.

Upon such opinion being pronounced, a copy thereof, certified by an officer of such Court, shall be given to each of the parties to the action by whom the same shall be required, and shall be deemed and held to contain a correct record of such opinion.

3. Opinion to be applied by the Court making the remit, etc.

It shall be competent to any of the parties to the action, after having obtained such certified copy of such opinion, to lodge the same with an officer of the Court in which the action may be depending, who may have the official charge thereof, together with a notice of motion, setting forth that the party will, on a certain day named in such notice, move the Court lo apply the opinion contained in such certified copy thereof to the facts set forth in the case hereinbefore specified, and the said Court shall thereupon apply such opinion to such facts, in the same manner. as if the same had been pronounced by such Court itself upon a case reserved for opinion of the Court, or upon special verdict of a jury; or the said last-mentioned Court shall, if it thinks fit, when the said opinion has been obtained before trial, order such opinion to be submitted to the jury with the other facts of the cases evidence, or conclusive evidence as the Court may think fit, of the foreign law therein stated, and the said opinion shall be so submitted to the jury.’

4. Her Majesty in Council or house of Lords on appeal may adopt or reject opinion.

In the event of an appeal to Her Majesty in Council or the House of Lords in any such action, it shall be competent to bring under the review of Her Majesty in Council or of the House of Lords the opinion pronounced as aforesaid by any Court whose judgments are review able by Her Majesty in Council or by the House of lords and Her Majesty in Council or that House may respectively adopt or reject such opinion of any court whose judgments are respectively by them as the same shall appear to them to be well founded or not in law.

5. Interpretation of terms.

In the constructions of this Act, the word “action” shall include every judicial proceeding instituted in any Court. civil criminal or ecclesiastical; and the words “Superior Courts” shall include. in England the Superior Courts of law at Westminster the lord Chancellor, the Lords Justices, the Master of the Rolls any Vice-Chancellor, the Judge of the Court of Admiralty, the Judge Ordinary of the Court for Divorce and Matrimonial Causes, and the Judge of the Court of Probate; in Scotland, the High Court of Justiciar, and the Court of Session acting by either of its divisions; in Ireland, the Superior Courts of Law at Dublin, the Master of the Rolls, and the Judge of the Admiralty Court; and in any other part of Her Majesty’s dominions, the Superior Courts of Law or Equity therein.

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