SCHEDULE (I.) A B [add Designation,] residing is the Depute Sheriff Clerk to whom Application for Summonses and every thing else necessary for the Sheriff Circuit at this Place for Small Debt Causes must be made [or, in case the Depute shall not be resident, say AB [add Designation and Place of Residence,] is the Depute Sheriff Clerk, who will officiate at in the Sheriff's Small Debt Circuit Court, and C D [add Designation,] residing at is the Person who will issue Summonses or Complaints to be brought in such Court.] Date. SCHEDULE (K.) Notice. The Sheriff will hold Circuit Courts for Small Debt Causes at at on the Day of of the Clock, and on every [Fix the Time periodically, or if not, new Notice to be given.] A B [add Designation and Residence] is the Clerk for this Place. Date. NOTE. By sections 26 and 28 of the Sheriff Court Act, 1853, certain amendments have been made on the foregoing Act. These have been indicated at the various sections affected thereby. THE DEBTS RECOVERY ACT, 1867. 30 AND 31 VICTORIA, CAP. 96. An Act to facilitate the Recovery of certain Debts in the Whereas an Act was passed in the First Year of the 7 W. 4& 1 Reign of Her present Majesty, intituled An Act for the Vict. c.41. more effectual Recovery of Small Debts in the Sheriff Courts, and for regulating the Establishment of Circuit Courts for the Trial of Small Debt Causes by the Sheriffs, in Scotland; and another Act was passed in the Session of Parliament held in the Sixteenth and Seventeenth Years of the Reign of Her present Majesty, intituled An Act to facilitate Procedure in the Sheriff Courts in 16 and 17 Scotland: And whereas it is expedient to make farther Provision to facilitate the Recovery of certain Debts in the Sheriff Courts in Scotland: Be it therefore enacted by the Queen'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, as follows: Vict. c. 80. 1. This Act shall be cited for all Purposes as the short Title. "Debts Recovery (Scotland) Act, 1867." Causes be tween £12 and £50 which may be tried under this Act. 2. From and after the passing of this Act, it shall be lawful for any Sheriff in Scotland, within his Sheriffdom, to hear, try, and determine in a summary Way, as more particularly hereinafter mentioned, all Actions of Debt that may competently be brought before him for House Maills, Men's Ordinaries, Servants' Fees, Merchants' Accounts, and other the like Debts,1 wherein the Debt shall exceed the Value of Twelve Pounds Sterling, exclusive of Expenses and Dues of Extract, but shall not exceed the Value of Fifty Pounds Sterling, Abandon exclusive as aforesaid: 2 Provided always, that the Pursuer shall in all Cases be held to have passed from and portion of abandoned any remaining Portion of any such Debt beyond the Sum actually concluded for in any such Action.3 ment of Re maining debt. 1 See observations by the Court in the case of Robertson v. M'Kendrick, infra, as to the class of debts which are embraced by this Act. What are Merchants' Accounts?-In an action under the Debts Recovery Act, brought by T. & W. Sandys, Trimming Manufacturers, London, against Lowden & Rowe, wholesale small ware dealers in Edinburgh, for payment of an account amounting to £22, 13s., for wares furnished, the defenders pleaded incompetency, in respect that this was not a merchant's account in the sense of the Act. The Sheriff-Substitute sustained this plea and dismissed the action. On appeal to the High Court of Justiciary, the interlocutor of the Sheriff-Substitute was recalled, and remit made to him to proceed with the cause. Observed by the Lord Justice-Clerk (Moncreiff): "The words of the Debts Recovery Act contain no limitation on the ordinary meaning of the term 'merchants' accounts.' So far from importing that limited meaning which has been generally put upon the words, as they occur in the Act 1579 (the Triennial Prescription Act), the Debts Recovery Act, while it recites two modern Acts in its preamble, does not refer to the Act of 1579 at all. I do not think that it was intended to use 'merchants' accounts' in any other than their ordinary meaning at the present day. I am of opinion that the Debts Recovery Act is not limited in its terms to those debts which would fall under the triennial prescription, and that we should therefore sustain the appeal, and remit to the Sheriff to proceed with the cause." T. & W. Sandys v. Lowden & Rowe, November 26, 1874, 2 Rettie 7. As to the competency of the appeal, see this case under section 17, infra. |