Section 50 Parties may choose their own jury.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 If the parties in any cause before the Court of Session in which an issue is to be tried shall consent to refer the same to any one arbiter, or to any three, five, or seven arbiters, it shall be lawful for the court or Lord Ordinary, and the court or Lord Ordinary is hereby required, to allow such arbiter or arbiters to be sworn and to sit as a jury to try such issue; and such arbiter or arbiters, or the major part of their number in the event of difference of opinion, shall have all the powers of a unanimous jury; and the proceedings of such trial shall be conducted, as far as may be, as in any ordinary case of trial by jury, either party being entitled to take exceptions, and to move for a new trial, as in any ordinary case: Provided always, that it shall not be competent to either party to object to the verdict, or to move for new trial, in respect of the verdict being against evidence, or on any other ground implying miscarriage on the part of the jury alone: Provided also, that the court, in the event of granting a new trial, shall direct the new trial to proceed before the same arbiter or arbiters, if able to try the cause, and the new trial shall in that case proceed before the same arbiter or arbiters accordingly.