Section 40 On issues being approved of, time and place of trial to be fixed.

Where an issue or issues is or are approved as aforesaid it shall be competent to the Lord Ordinary in the cause, on the motion of either of the parties, to appoint a time and place for the trial of such issue or issues, such time being as soon after the date of such approval as with reference to the proper trial of such issue or issues conveniently may be, . . . F1 and such trial shall proceed at the time and place so appointed, unless at the time of such appointment one or other of the parties shall intimate to the Lord Ordinary that he objects thereto, in which case the Lord Ordinary shall report the matter to the court, by whom it shall be fixed when and where the trial shall proceed.