6 Geo. IV. c. 23. 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 interested to be heard if they think fit, and also His Majesty's Advocate 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 of Sedcrunt and Act of Adjournal, together with every regulation and table of fees to which it may or shall refer, shall be transmitted by the Lord President of the Court of Session and Lord Justice Clerk, respectively, to His Majesty's Secretary of State for the Home Department, who shall cause a copy thereof to be laid before each House of Parliament, 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 force; and thereafter every such fee shall, according to the terms of such Act of Sederunt 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 applicable to any particular charge or description of causes to which any such Act shall or may relate. Copy of such Act to be transmitted to the Secretary of State, and laid before Parliament. Sheriff Clerk to discharge his Duties in Person. Regulations to extend to Burgh Courts. VI. And be it enacted, That every person who has been appointed since the first day of August one thousand eight hundred and fourteen, or who shall hereafter be appointed a clerk in the said Sheriff or Stewart Courts, shall discharge the duties of the said office personally. VII. And be it further enacted, That every such Act of Sederunt, and every such Act of Adjournal, and the regulations thereby made, and the table of fees thereby established for the said Sheriff and Stewart Courts, shall apply to and receive effect in the Courts of Royal Burghs in Scotland, equally as in the Sheriff and Stewart Courts 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. ance. VIII. And for the better guidance of all parties concerned, be it enacted, Copies of Acts That so soon 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 county or stewartry in Scotland, who shall not be an advocate of three 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 solicitor or procurator, for at least Stewarts Substitutes. three years previous to his appointment; and that no commission appointing any such person a sheriff or stewart substitute shall be valid, or enable any 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 President and Lord Justice Clerk are hereby required either to grant or to refuse. X. And be it further enacted, That in addition to the disqualification to which sheriffs and stewarts substitute are subject by an Act passed in the twenty-first year of the reign of his late Majesty, intituled An Act for the more effectual Trial of High Treason and Misprision of High Treason in the Highlands of Scotland, and for abrogating the practice of taking down the Evidence in Writing in certain criminal Prosecutions, and for making some further Regulations relating to Sheriff's Depute or Stewarts Depute and their Substitutes; and for other purposes therein mentioned, no Sheriff or Stewart substitute shall act directly or indirectly as a procurator before any court 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.] WH 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, That from and after the passing of this Act, it shall be lawful for any Sheriff in Scotland, within his county, to hear try and determine all civil causes and complaints that inay be competently brought before him, wherein the debt or demand shall not exceed the value of eight pounds sterling, exclusive of expences and fees of extract, in a summary way, as more particularly herein-after mentioned. a summary manner. Pursuers to proceed upon Petition in such Causes, according to form set forth in Schedule (A.) Copy of such Petition, with Citation annexed, to be delivered by sheriff's officer to Defender. II. And be it enacted, That all such causes, the pursuer whereof shall choose to have the same heard and determined according to the summary mode herein-after provided, shall proceed upon petition or complaint agreeable to the form in Schedule (A.) subjoined to this Act, stating shortly the origin of debt or ground of action, and concluding against the defender; which petition or complaint shall have a warrant annexed thereto, agreeable to the form in the said Schedule (A.); which warrant, 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 complaint, with the citation annexed, and also a copy of the account, docuinent of debt or state of the demand, with the names and designations of the witnesses and havers, and a statement of other means of proof, shall be delivered at the same time with the copy of the said petition, by the sheriff's officer to the defender personally, or at his dwelling place; in which last case, if the defender shall not appear, he shall be cited a second time personally, or at his dwelling place, upon the words de novo being either subjoined to the original petition, and signed by 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 than upon the sixth day after the date of the said citation; and if the defender has been cited for the first time to a diet of court, 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 on 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. to lodge writ ten Execution in Clerk's Hands, when required by Pursuer or Defender to cite Persons as Witnesses. Penalty for not appearing after having been cited by such Officer. 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 witnesses or havers, he shall be obliged to lodge a written execution of every such citation in the clerk's hands, at or before the diet of court to which the witnesses have been summoned, or otherwise to verify in court the execution of citation; and if any witnesses or havers cited shall fail to appear, it shall be competent to the party or parties for whom they are summoned to apply for a new warrant to compel their attendance at the next court, or any subsequent court to which the case may be adjourned; which warrant shall require them to attend to give evidence under penalty not exceeding forty shillings, which shall be awarded by the court, unless a reasonable excuse be offered and sustained, and shall be made payable to the party at whose instance the witness was cited, to be recovered in the same manner as other sums under this Act, without prejudice always to letters of second diligence for compelling witnesses and havers to attend, as at present competent. a IV. And be 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 vivâ 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 con- plead 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 with Leave of pleadings, arguments, minutes, or evidence to be reduced to writing, every case in which such order shall be made shall thenceforth be conducted according to the forms 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. any V. And be it enacted, That if a defender who has been duly cited personally, or by two citations at his dwelling place, shall fail to appear personally, or by one of his family, or by such person as the Sheriff shall allow, he shall be held as confessing the debt or justice of the demand, and decrce shall pass against him, unless a sufficient excuse for a delay shall be 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. Court first obtained. Defender fail ing to appear, shall be held as confessing the Debt. may obtain 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 fender, he him, sisting execution till the next court-day, or to any subsequent warrant to 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 next 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. 6 Geo. IV. c. 24. Book of Causes to be kept. Sums found due may be paid by Instalments. No Decree subject to stay of Execution, except only in Cases of Action of Reduction before Court of Session, on the Ground of Malice on the part of Sheriff. Fees to be taken. hands of the clerk the sum awarded by the Sheriff in his decree of absolvitor as the expences for the defender and his witnesses, to obtain a 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. VII. And be it enacted, That the sheriff clerk shall keep a book wherein 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 same paper with it, the said decree and warrant so 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. VIII. And be it enacted, That the sheriff may, if he thinks proper, direct the sum or sums found due to be paid by instalments, weekly or monthly, according to the circumstances of the party found liable, and under such conditions or qualifications as he shall think fit to annex. IX. And be it enacted, That no decree given by any Sheriff, according to the forms and regulations of this Act, shall be subject to advocation suspension or appeal, or any other form of review, or stay of execution, other than herein-before provided; excepting only an action of reduction before the Court of Session, on the ground of corruption, or malice and oppression on the part of the Sheriff; nor shall any such action of reduction be at all competent after expiration of one year from the date of the decree of the Sheriff; and in all such actions of reduction, the pursuer shall, before the summons is called, find sufficient caution in the hands 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. X. And be it enacted, That the following fees and no other shall be allowed to be taken by the clerk and officers of court, for matters done under the authority of this Act. 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 jurisdiction of the Sheriff in any cause carried on in a summary way under this Act, on account of privilege as being a member of the College of Justice. XII. And be it enacted, that in all civil causes wherein the debt or demand shall not exceed the value of five pounds, exclusive of expences and fees of extract, which shall in future be brought or carried on before any Sheriff's Court, not according to the summary form 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. No. XXVII. 6 Geo. IV. c. 24. Members of College of Justice not exempt under this Act. Sheriff to ordain Expences to be taxed. in this and 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 deemed and taken to apply to any stewart or stewart clerk, or stewartry in Scotland. SCHEDULE (A.) Unto the Honorable the Sheriff for the shire of other Acts. Complains, That is owing the complainer the sum (here insert origin of debt or ground of action) which to the complainer of the aforesaid sum of sheriff clerk for the shire of at the at day of with the grants warrant for summoning the said defender to compear before the Sheriff for the said shire in the court-house thereof, upon day of 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. one thousand eight hundred Sheriff, time and place above mentioned, to answer at the instance of the complainer, with certification that will otherwise be full copy of the before complaint and warrant, with a short copy of citation thereto held as confessing the debt. This I did by |