[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/blaa261.txt

[New search] [Help]

BRITISH LAW ASCERTAINMENT ACT

BRITISH LAW ASCERTAINMENT ACT - LONG TITLE

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.{1}
[13th August 1859]
Preamble rep. by SLR 1892

BRITISH LAW ASCERTAINMENT ACT - SECT 1
Courts in one part of Her Majesty's dominions may remit a case for
the opinion in law of a court in any other part thereof.

1. If in any action depending in any court within Her Majesty's
dominions, it shall be the opinion of such court, that it is
necessary or expedient for the proper disposal of such action to
ascertain the law applicable to the facts of the case as
administered in any other part of Her Majesty's dominions on any
point on which the law of such other part of Her Majesty's
dominions is different from that in which the court is situate, it
shall be competent to the court in which such action may depend to
direct a case to be prepared setting forth the facts, as these may
be ascertained by verdict of a jury or other mode competent, or
may be agreed upon by the parties, or settled by such person or
persons as may have been appointed by the court for that purpose
in the event of the parties not agreeing; and upon such case being
approved of by such court or a judge thereof, they shall settle
the questions of law arising out of the same on which they desire
to have the opinion of another court, and shall pronounce an order
remitting the same, together with the case, to the court in such
other part of Her Majesty's dominions, being one of the superior
courts thereof, whose opinion is desired upon the law administered
by them as applicable to the facts set forth in such case, and
desiring them to pronounce their opinion on the questions submitted
to them in the terms of the Act; and it shall be competent to
any of the parties to the action to present a petition to the
court whose opinion is to be obtained, praying such last-mentioned
court to hear parties or their counsel, and to pronounce their
opinion thereon in terms of this Act, or to pronounce their opinion
without hearing parties or counsel; and the court to which such
petition shall be presented shall, if they think fit, appoint an
early day for hearing parties or their counsel on such case, and
shall thereafter pronounce their opinion upon the questions of law
as administered by them which are submitted to them by the court;
and in order to their pronouncing such opinion they shall be
entitled to take such further procedure thereupon as to them shall
seem proper.

BRITISH LAW ASCERTAINMENT ACT - SECT 2
Certified copies of opinion to be given.

2. 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.

BRITISH LAW ASCERTAINMENT ACT - SECT 3
Opinion to be applied by the court making the remit, &c.

3. 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 to apply the opinion
contained in such certified copy thereof to the facts set forth in
the case herein-before 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 think 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 case as
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.

BRITISH LAW ASCERTAINMENT ACT - SECT 4
Her Majesty in Council or House of Lords on appeal may adopt or
reject opinion.

4. In the event of an appeal to Her Majesty in Council or to 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 reviewable 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 reviewable by them, as the same shall appear to them
to be well founded or not in law.

BRITISH LAW ASCERTAINMENT ACT - SECT 5
Interpretation of terms.

5. In the construction 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 or 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 Justiciary,
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.