Page images
PDF
EPUB

thereupon with the said Sheriffs; and after being well and ripely advised No. XXVI. in that behalf, and after having afforded an opportunity for all persons 6 Geo. IV. interested to be heard if they think fit, and also His Majesty's Advocate

c. 23. in behalf of the public, it shall and may be lawful for the said Court of Session, by any Act or Acts of Sederunt, to make and establish rules and regulations, and a table of fees for each of the said Sheriff or Stewart Courts in civil causes, and the several persons holding offices and discharging duties therein, or persons practising before the same, with respect to all or any of the matters and things aforesaid ; and in like manner it shall and may be lawful for the Court of Justiciary, by any Act or Acts of Adjournal, to make and establish such rules and regulations, and a table of fees for each of the said Sheriff and Stewart Courts in criminal causes, and the several persons holding offices or discharging duties therein in such cases, and all persons practising before the same therein.

V. Provided always, and be it enacted, That a copy of every such Act Copy of such of Sedcrunt and Act of Adjournal, together with every regulation and Act to be table of fees to which it may or shall refer, shall be transmitted by the transmitted to Lord President of the Court of Session and Lord Justice Clerk, re

the Secretary spectively, to His Majesty's Secretary of State for the Home Department, laid before

of State, and who shall cause a copy thereof to be laid before each House of Parlia

Parliament. ment, at or immediately after the commencement of the then next Session thereof; and after the expiration of three calendar months after the first day of such Session, every such Act of Sederunt or Act of Adjournal, and regulation and table of fees established thereby, shall become in furce; and thereafter every such fee shall, according to the terms of such Act of Sedérunt or Act of Adjournal, be and be deemed and taken to be a legal fee, and payable and receivable as such in the manner therein directed, and no other fee shall be held to be legal or payable in any case whatsoever ; regard being always had to the provision hereinbefore made with respect to any clerk in any of the said courts holding his office for life, and without prejudice nevertheless to the payment of any fee specially established by any Act or Acts of Parliament, as plicable to any particular charge of description of causes to which any such Act shall or may relate.

VI. And be it enacted, That every person who has been appointed Sheriff Clerk since the first day of August one thousand eight hundred and fourteen, or to discharge who shall hereafter be appointed a clerk in the said Sheriff or Stewart his Duties in Courts, shall discharge the duties of the said office personally,

"Person. VII. And be it further enacted, That every such Act of Sederunt, and Regulations to every such Act of Adjournal, and the regulations thereby made, and the extend to table of fees thereby established for the said Sheriff and Stewart Courts, Burgh Courts. shall apply to and receive effect in the

Courts of Royal Burghs in Scotland, equally as in the Sheriff and Stewart Couris in Scotland; and the same shall extend to every person holding any office, or discharging any duty, PresentClerks or practising before any such Burgh Court: Provided always, that the of Burghs to present clerks of Royal Burghs shall have the same option in regard to have the Opaccepting such table of fees, which is declared by this Act to be competent tion of Acceptto sheriff and stewart clerks.

VIII. And for the better guidance of all parties concerned, be it enacted, Copies of Acts That so suon as any Act of Sederunt or Act of Adjournal shall have been of Sederunt transmitted to the Secretary of State for the Home Department, as before and Adjournal directed, the Lord President and the Lord Justice Clerk respectively shall to be transmitcause a copy of every such Act of Sederunt or Act of Adjournal to be ted to Sheriff transmitted to the Sheriff or Stewart of every County and Stewartry, and

and Burgh

Courts. to the Magistrates of every Royal Burgh in Scotland.

Qualification IX. And be it further enacted, That from and after the passing of this

of Sheriffs or Act no person shall be appointed a Sheriff or Stewart substitute of any Stewarts Subcounty or stewartry in Scotland, who shall not be an advocate of three stitutes. years' standing at the least, or a clerk to His Majesty's signet, or a solicitor before the Supreme Courts in Scotland, or a procurator admitted to practise before a Sheriff Court in Scotland, and who shall not have been adinitted to practise as such clerk to the signet solicitoror procurator, for at least

ance.

No. XXVII. three years previous to hisappointment; and that no commission appointing 6 Geo. IV. any such person a sheriff or stewart substitute shall be valid, or enable any c. 24.

such person to do any act by virtue thereof, unless and until there shall be annexed thereto a certificate under the hands of the Lord President of the Court of Session, and the Lord Justice Clerk, bearing, that such person is duly qualified, and capable to discharge the duties of the said office, which certificate, after due inquiry made, the said Lord Presideut and

Lord Justice Clerk are hereby required either to grant or to refuse. Sheriffs or

X. And be it further enacted, "That in addition to the disqualification Stewarts sub- 10 which sheriffs and stewarts substitute are subject by an Act passed in stitute not to the twenty-first year of the reign of his late Majesty, intituled An Act act as Procu- for the more effectual Trial of High Treason and Misprision of High Treason rator before

in the Highlands of Scotland, and for abrogating the practice of taking down any in their

the Evidence in Writing in certain criminal Prosecutions, and for making some County Court, further Regulations relating to Sheriffs Depute or Stewarts Depute and their or be in part- Substitutes; and for other purposes therein mentioned, no Sheriff or Stewart nership with any person so

substitute shall act direcily or indirectly as a procurator before any court practising.

in the county or stewartry of which he is Sheriff or Stewart substitute, or shall be in partnership with any person so practising.

(No. XXVII.) 6 George IV. c. 24.-An Act for the more

easy Recovery of small debts in the Sheriff Courts in

Scotland.-[20th May 1825.]
WI

HEREAS it is expedient to render the recovery of small

debts more easy cheap and expeditious in the Sheriff Courts in Scotland : May it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,

in this present Parliament assembled, and by the authority of the same, Sheriff may That from and after the passing of this Act, it shall be lawful for any hear and de

Sheriff in Scotland, within his county, to hear try and determine all civil termine Civil

causes and coinplaints that inay be competenily brought before him, Causes for

wherein the debt or demand shall not exceed the value of eight Sums under

pounds sterling, exclusive of expences and fees of extract, in a summary a certain amount in way, as more particularly herein-after mentioned. a summary manner. Pursuers to II. And be it enacted, That all such causes, the pursuer whereof shall proceed upon

choose to have the same heard and determined according to the summary Petition in mode herein-after provided, shall proceed upon petition or complaint such Causes, agreeable to the form in Schedule (A.) subjoined to this Act, siating according to

shortly the origin of debt or ground of action, and concluding against the form set forth defender; which petition or complaint shall have a warrant annexed in Schedule

thereto, agreeable to the form in the said Schedule (A.); which warrant, (A.)

being signed by the sheriff clerk, shall be a sufficient authority for any sheriff's officer for summoning the defender to appear and answer at the next Sheriff Court, the same not being sooner than the sixth day after the date of the citation, and also for summoning witnesses and havers for

both parties: Provided always, that a copy of the said petition or comCopy of such

plaint, with the citation annexed, and also a copy of the account, docuPetition, with

inent of debt or state of the demand, with the names and designations of Citation an. pexed, to be

the witnesses and havers, and a statement of other means of proof, shall delivered by

be delivered at the same time with the copy of the said petition, by the sheriff's sheriff's officer to the defender personally, or at his dwelling place; in officer to De- which last case, if the defender shall not appear, he shall be cited a second fender. time personally, or at his dwelling place, upon the words de novo being

either subjoined to the original petition, and signed hy the sheriff clerk, or written in the procedure book kept by the clerk, and signed by the Sheriff, to appear at the next court, which shall not be sooner ihan upon the sixth Jay after the date of the said citation; and if the defender has been cited for the first time to a diet ofcourt, not sooner than twelve free days from the date of the citation, it shall be lawful for the Sheriff's officer, in case the

c. 24.

defender shall not have been personally found at the time of the first cita- No. XXVII. tion, to cite him a second time, either personally or at his dwelling place, 6 Geo. IV. to the same diet of court ou the authority of the original warrant, and without previously returning an execution of the first citation; provided that such second citation shall not be given sooner than upon the sixth day after the date of the first citation, nor later than upon the sixth day before the diet of court to which the defender is so cited for the second time; and the officer summoning shall in all cases return an execution of citation, signed by him, or shall appear and give evidence upon oath of his having duly cited the defender in manner aforesaid.

III. And be it enacted, That where an officer of court shall be re- Officer ofCourt quired by any party, whether pursuer or defender, to cite any persons as to lodge writ. witnesses or havers, he shall be obliged to lodge a written execution of ten Execution every such citation in the clerk's havids, at or before the diet of court to in Clerk's which the witnesses have been summoned, or otherwise to verify in court

Hands, when the execution of citation; and if any witnesses or havers cited shall fail to

required by

Pursueror Deappear, it shall be competent to the party or parties for whom they are feuder to cite summoned to apply for a new warrant to compel their attendance at the Persons as next court, or any subsequent court to which the case may be adjourned ; Witnesses. which warrant shall require them to attend to give evidence under a Penalty for penalty not exceeding forty shillings, which shall be awarded by the

not appearing court, unless a reasonable excuse be offered and sustained, and shall be after having made payable to the party at whose instance the witness was cited, to be been cited by recovered in the same manner as other sums under this Act, without such Officer. prejudice always to letters of second diligence for coinpelling witnesses and havers to attend, as at present competent.

IV. And he it enacted, That when the parties shall appear, the Sheriff Sheriff to hear shall hear them vivá voce, and examine witnesses or havers upon oath, Parties viva and also the parties by declaration, or upon oath; and no procurators voce, and exasolicitors or any persons practising the law, shall be allowed to plead for mine Witnessthem, vivá voce, without leave of the court, nor shall any of the pleadings, es upon Oath. arguments, minutes, or evidence be reduced to writing, or be entered upon No Solicitor to any record, unless with leave of the court first had and obtained, in conplead for Parsequence of any difficulty in point of law, or special circumstances of any ties, unless particular case: Provided always, that where the Sheriff shall order any with Leave of pleadings, arguments, minutes, or evidence to be reduced to writing, every

Court first case in which such order shall be made shall thenceforth be conducted ac

obtained. cording to the forins and proceedings in use before the passing of this Act, and shall be disposed of in all respects as if this Act had not been passed.

V. And be it enacted, That if a defender who has been duly cited Defender failpersonally, or by two citations at his dwelling place, shall fail to appear ing to appear, personally, or by one of bis family, or by such person as the Sheriff shall shall be held allow, he shall be held as consessing the debtor justice of the demand, and as confessiog decrce shall pass against him, unless a sufficient excuse for a delay shall be the Debt. stated; in which case and at all times, on account of the absence of witnesses, or any other good reason, it shall be competent for the Sheriff to adjourn any cause to the next or any other court day, and to order the parties and witnesses then to attend.

VI. And be it enacted, That where a decree has been pronounced in Where Decree absence of a defender, it shall be competent for him, upon consigning pronounced in the sum decerned for in the hands of the clerk, at any time before the absence of Dedays of the charge elapse, to obtain from the clerk a warrant, signed by

sender, he him, sisting execution till the next court-Jay,, or 10 any subsequent Warrant to

obtain court day to which the same may be adjourned, and containing autho- sist Execution rity for citing the pursuer, witnesses and havers for both parties; and the till vext Court clerk shall be bound to certify to the Sheriff, on the next court day, every Day. such application for re-hearing and sist granted; which warrant, being duly served upon the pursuer personally, or by two citations at his dwel. ling place, in the manner provided in other cases by this Act, shall be an authority for re-hearing the cause; and in like manner, where absolvitor has passed in absence of the pursuer, it shall be competent for him at any time within one calendar month thereafter, upon consigning in the

No. XXVII. hands of the clerk the sum awarded by the Sheriff in his decree of ab6 Geð. IV. solvitor as the expenccs for the defender and his witnesses, to obtain a C. 24. warrant, signed by the clerk, for citing the defender and witnesses for

both parties; which warrant, being duly served upon the defender personally, or by two citations at his dwelling.place, in the manner provided in other cases by this Act, shall be an authority for re-hearing the cause as hereby provided in the case of a re-hearing, at the instance of the defender, the said sum of expences awarded by the Sheriff, and so deposited by the pursuer, being in every case paid over to the defender, unless

the contrary shall be specially ordered by the Court. Book ofCauses VII. And be it enacted, That the sheriff clerk shall keep a book whereto be kept. in shall be entered all causes conducted under the authority of this Act,

setting forth the names and designations of the parties, and whether present or absent at the calling of the cause, the nature and amount of the claim, and date of giving it in, the mode of citation, the several deliverances or interlocutors, and the final decree, with the date thereof; which book shall be signed each court-day by the Sheriff, and the said entries by the clerk shall be according to the form in schedule (B.), annexed to this Act, or with such additions as the sheriff shall appoint; and the decree, stating the amount of expences found due to either party, and containing warrant for arresting or poinding the effects of the party, or committing him to prison, shall be by the clerk annexed to the complaint, and on the samë paper with it, the said decree and warrant su annexed, being conformable to schedule (A.) annexed to the present Act; which decree and warrant so written out, being signed by the clerk, shall be a sufficient authority for execution, six free days from the date of the decree, if the party against whom it shall have been given was personally present when it was pronounced; but if he was not so present, execution shall only proceed after a charge of six free days, by delivering a

copy of the decree to the party personally, or at his dwelling-place. Sums found VIII. And be it enacted, That the sheriff may, if he thinks proper, due may be direct the sum or sums found due to be paid by instalments, weekly or paid by In

monthly, according to the circumstances of the party found liable, and stalments.

under such conditions or qualifications as he shall think fit to annex. No Decree IX. And be it enacted, That no decree given by any Sheriff, according subject to stay to the forms and regulations of this Act, shall be subject to advocation of Execution, suspension or appeal, or any other form of review, or stay of execution, except only in other than herein-before provided; excepting only an action of reduction Cases ofAction before the Court of Session, on the ground of corruption, or malice and before Court of oppression on the part of the Sheriff; nor shall any such action of reducSession, on the decree of the Sheriff; and in all such actions of reduction, the pursuer

tion be at all competent after expiration of one year from the date of the Malice on the shall, before the summons is called, find sufficient caution in the hands part of Sheriff. of the clerk of the process in the Court of Session, for the payment of

the sum and expences, if any, for which decree has been given against him by the Sheriff, and for the payment of such expences as may be

awarded against him in the action of reduction. Fees to be X. And be it enacted, That the following fees and no other shall be taken. allowed to be taken by the clerk and officers of court, for matters done

under the authority of this Act.

O

CLERK'S FEES.
Complaint and Warrant to cite

One Shilling
Copy for Service

Sixpence.
Entering into Procedure Book Sixpence.
For Defender's Appearance Sixpence.
For every Oath

Sixpence.
Decree and Warrant of Execution Sixpence.
Warrant de novo

Four-pence.
Re-hearing

One Shilling and Sixpence.

[ocr errors]
[ocr errors][ocr errors]

Officer's Fees, including ASSISTANTS.

No. XXVII. Citation and Execution

Sixpence.

6 Geo. IV. Execution of Arrestment

Sixpence.

c. 24. Ditto of Poinding

Three Shillings.
Sale

Two Shillings and Sixpence.
Officer's Travelling Expences, per
Mile

Four-pence.
Assistants, each, per

Mile

Three-pence.

CRIER's Fee. For calling

One Penny. A copy of which Table of Fees, signed by the clerk, shall be hung up in every court place, and in his office; and the said fees shall be subject to modification in causes of very small amount, or where the complaint is directed against two or more defenders.

XI. And be it enacted, That no person shall be exempt from the Members of jurisdiction of the Sheriff in any cause carried on in a summary way under College of this Act, on account of privilege as being a member of the College of Justice not Justice.

exempt under XII. And be it enacted, that in all civil causes wherein the debt this Act. or demand shall not exceed the value of five pounds, exclusive of ex- Sheriff to orpences and fees of extract, which shall in future be brought or carried dain Expences on before any Sheriff's Court, not according to the summary form to be taxed. herein provided, it shall be lawful for any Sheriff

, notwithstanding, and he is hereby authorized and required to ordain the expences (unless he shall see cause to the contrary) to be taxed and regulated according to the rates above mentioned.

XIII. And be it enacted, that in all cases in this or any Act of Par- Construction
liament passed or to be passed affecting Scotland, where the term sheriff of Terms used
or sheriff clerk, or sheriffdom or county, shall be used, the same shall be in this and
deemed and taken to apply to any stewart or stewart clerk, or stewartry other Acts.
in Scotland.

SCHEDULE (A.)
Unto the Honorable the Sheriff for the shire of

day of

Complains, That

is owing the complainer the sum

(here insert origin of debt or ground of action) which refuses to pay unless compelled: therefore the said defender

ought and should be decerned and ordained to make payment to the complainer of the aforesaid sum of

with
expences.
At

the
day of

the sheriff clerk for the shire of

grants warrant for sunmoning the said defender to compear before the Sheriff for the said shire at

, in the court-house thereof, upon the

at

of the clock, to answer at the instance of the said complainer ; and appoints a copy of the account pursued for, document of debt, or state of the demand, to be delivered to the defender along with the citation; also grants warrant for citing witnesses and havers for both parties to compear at the same place and date, to give evidence in the said matter. J. P. Sheriff Clerk. Upon

one thousand eight hundred and I

officer of court, summoned the above designed

to compear before the said Sheriff, time and place above mentioned, to answer at the instance of the complainer, with certification that

will otherwise be held as confessing the debt. This I did by

full copy of the before complaint and warrant, with a short copy of citation thereto

day of

« PreviousContinue »