heard by from the Substitute. on Appeal, and Judgment pronounced by him as above where Case provided for, it shall be the Duty of the Sheriff Clerk, Sheriff un immediately on receiving the Sheriff's Interlocutor, to Appeal transmit a Copy thereof through the Post Office to the Sheriff Parties or their Procurators; and within Eight Days, or within the Sheriffdom of Orkney and Shetland within Sixteen Days, after the Date of such Transmission it shall be competent for either of the Parties to appeal against his (the Sheriff's) Judgment in the same Manner, and to the same Effect, and under the same Limitations as provided for in the immediately preceding Section with regard to Appeals from Judgments of the Sheriff in the first instance. to Court 14. When a Process shall be transmitted by the As to printSheriff Clerk to one of the Principal Clerks of either Papers Division in the Court of Session as herein before pro- on App of Appeal vided, the Clerk to whom the Process is so transmitted Session. shall engross under the Appeal a Certificate setting forth the Date when he received the Process; and the Party insisting in the Appeal shall within Ten Days of such Date, if the Court be then sitting, or on or before the Third Sederunt Day in the next ensuing Session if the Process shall be received as aforesaid during Vacation or Recess, apply by written Note to the Lord President of the Division to which the Appeal has been taken, the presenting of which Note he shall at the same Time intimate by Letter to the Respondent or his known Agent, craving his Lordship to move the Court to order the said Appeal to the Summar Roll; and it shall be competent for such Division, before hearing such Appeal, to order the Appellant to print and box such Papers as shall be necessary, and to furnish such printed Copies thereof to the Respondent as they shall direct; and the Expense of such Printing shall, in the first instance, be borne by the Appellant, but shall afterwards be treated as Part of the general Expenses of the Appeal: Provided always, that if the Appellant shall fail to bring Effect if his Appeal before the Division, by Note as aforesaid, he Appellant ceed. fail to pro- shall be held to have fallen from the same, and the Process shall forthwith be re-transmitted to the Sheriff Clerk, and the Judgment complained of shall thereupon become final, and shall be treated in all respects in like Manner as if no Appeal had been taken against the same. Book of 1 Where an appellant under the Debts Recovery Act fails to proceed with his appeal, in terms of section 14, it is the duty of the clerk to the process at once to re-transmit the appeal to the SheriffClerk, without waiting for any motion being made by the respondent, who does not require to appear till the case is in the roll, and is therefore not entitled to the expenses of moving the Court to dismiss the appeal in respect of failure to proceed. Baird v. Field, June 4, 1869, 41 Jurist 465, 7 Macph. 862. 15. The Sheriff Clerk shall keep a Book wherein Causes, &c., shall be entered all Causes conducted under the Authoto be kept. rity 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 of the Sheriff (except those Interlocutors setting forth at Length the Separate Findings in Law and in Fact upon which any Judgment of the Sheriff shall have proceeded, of which Interlocutors the Dates only shall be entered in the Book of Causes), the Dates of Appeal, if any, and the Transmis 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 Schedule (A) annexed to this Act, or with such Additions as the Sheriff shall appoint; and the Sheriff Clerk shall also keep a Book in which he shall enter, in the Form of Schedule (B) annexed to this Act, every Cause transmitted to the Sheriff or Sheriff-Substitute in order to be advised, specifying the Sheriff to whom the same has been transmitted, the Date of such Transmission, the Date of the Cause being returned advised by the Sheriff or Sheriff-Substitute, the Date of intimating the sion Book. Registers of tions, &c. Sheriff's Judgment to the Parties, the Date of transmitting the Cause or Appeal to the Court of Session, the Date of the Cause being returned advised by the Court of Session or being returned in consequence of the Appeal having fallen for want of being insisted in, and any Remarks which the Sheriff may have ordered to be entered in such Book relative to any such Cause; and the Sheriff Clerk shall further keep a Book or Book conBooks containing a Register or Registers of all Indorsa- taining tions of Decrees and Warrants issued in other Counties, Endorsaand of all Sequestrations and of all Reports of all Poindings and Sales of Goods and Effects under Sequestrations or Poindings, which Registers shall be open and patent at Office Hours to all concerned, without Fee; and the Sheriff Clerk shall make up a Roll of the Causes to be tried on each Court Day under this Act, separate from the Roll of Causes to be tried under Roll of the said recited Acts, and shall cause a Copy thereof to under this be exhibited to the Public on a Patent Part of the Act. Court House at least One Hour before the Time of Meeting of such Court, and which shall continue there during the Time the Court shall be sitting; and the Sheriff Clerk, or an Officer of Court, shall audibly call the Causes in such Roll in their Order. Causes ment and and se Effects. 16. The Twentieth Section of the first-recited Act Appraiseand relative Schedule shall be held as incorporated in Sale of the present Act: Provided always, that the words poinded "Poinding and Sale" in said Section and relative questrated Schedule shall, for the Purposes of this Act, be read and construed to include Poindings on which no Sale has followed, as well as Poindings which have been followed by Sale of the poinded Goods and Effects. &c., not Review, 17. No Interlocutor, Judgment, Order, or Decree Decrees, pronounced under the Authority of this Act shall be subject to Reduction, Advocation, Suspension, or Appeal, except s or any other Form of Review or Stay of Diligence, hereby except as herein provided, on any Ground whatever. provided. An action was brought in the Sheriff Court of Banff by M'Gregor against Steuart, under the Debts Recovery Act, for £12, 15s. 2d., and decree in absence was given for pursuer. Steuart appealed to the Aberdeen Court, and pleaded no jurisdiction, in respect that he was cited to the ordinary Small Debt Court at Banff, instead of to the District Court at Keith, where the Court of the district within which he resided was held, and before which he alleged he ought to have been cited, as provided for by the 26th section of the Small Debt Act, which is incorporated by this Act. The respondent objected to the competency of the appeal, and pleaded the provisions of this section. The competency was, however, sustained, and it was observed by Lord Deas that "the Court of Justiciary has always jurisdiction to set aside incompetent judgments of the Sheriff Court, where the value of the cause is under £25." This jurisdiction was conferred by the Heritable Jurisdictions Act (20 Geo. II. c. 43, § 34), to the extent of £12. See infra, p. 184. By the 5th section of the 54 Geo. III. c. 67, it was extended to £25. (Aberdeen Circuit, Lords Justice-Clerk and Deas.) Steuart v. M'Gregor, September 23, 1868, 40 Jurist 655, 1 Couper 92. under section 26 of the Small Debt Act. This case is mentioned An action was brought under the Debts Recovery Act by T. & W. Sandys, trimming manufacturers in London, against Lowden & Rowe, wholesale dealers in Edinburgh, for payment of £22, 13s., being the amount of an account 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 sustained this plea and dismissed the action. The pursuers appealed to the High Court of Justiciary. The appeal to that Court was held competent, the interlocutor of the Sheriff was recalled, and remit made to him to proceed in the action as accords. Observed :-Refusal on the part of the Sheriff to apply an Act where it ought to be applied is a sufficient ground for the interference of this Court; and the respondents cannot found upon the exclusion of review contained in a statute which the Sheriff has refused to apply. (High Court of Justiciary.) Sandys v. Lowden & Rowe, November 26, 1874, 2 Rettie 7. See this case also under section 2, supra. See also Dick v. Great North of Scotland Railway Co., under section 22 of the Sheriff Court Act, 1853. Fees to be taken. 18. The following and no other or higher Fees or Dues of Consignation shall be allowed to be taken for any Matters done in any Cause raised under the Authority of this Act (except the Fees of Shorthand Writers or of Witnesses, or of Reporters or Commissioners appointed by the Sheriff under the Eighth Section hereof, which the Sheriff is hereby empowered to fix and decern for as he shall think just, and except also the Expenses incurred in any Appeal to the Court of Session, which shall be taxed and decerned for in common Form): Sheriff Clerk's Fees." Summons, including Precept of Arrestment, Two Shillings: Each Copy for Service, Sixpence: Entering in Procedure Book, Sixpence: Warrant to cite Witnesses and Havers, One Shilling: Certificate loosing Arrestment, One Shilling: Bond of Caution, One Shilling and Sixpence: Second Diligence against Witnesses and Havers, One Shilling: Decree, including Extract, if Demanded, One Shilling: Hearing after Decree in Absence, One Shilling and Sixpence: Indorsation of Decree or Warrant, and entering in Book, One Shilling: Receiving Report of Sequestration or Poinding, and entering in Book, One Shilling: Receiving Report of Sale under Sequestration or Poinding, and entering in Book, One Shilling and Six pence: Transmitting Process on Appeal to Sheriff, Six pence: Intimating Judgment of Sheriff to each Pursuer or Defender, Sixpence: Transmitting Process on Appeal to the Court of Session, Sixpence. Officers' Fees, including Assistants or Witnesses. Citation of a Party, or Intimation of Counter Claim and Execution, One Shilling and Sixpence: Citation of a Witness or Haver, and Execution, Nineperice: |