2 A defender who appealed, lodged a bond with a cautioner, to the effect that the appellant would answer and abide "by the judgment of the Circuit Court, and pay costs if awarded." The Circuit Court recalled the interlocutors complained of, and remitted with instructions to take additional proof, with power to proceed further as should be just, and to award to either party the expenses of the appeal, as well as the other expenses of process. The inferior court, after additional proof, of new decerned against the defender, and found expenses due. Held that as the interlocutors complained of were recalled by the Circuit Court (thereby sustaining the appeal), and a new decree pronounced on new proof, the new decree was not within the terms of the bond, and that the cautioner was not bound to implement the same. Snell v. Glasgow Gas Co., May 22, 1834, 1 S. D. 100, 12 S. 626. Courts not determine same to the 37. Provided always, and it is hereby enacted by Circuit the authority aforesaid, that in case such Circuit Court able to shall, in cognoscing or proceeding upon such appeal, Appeal, to find any difficulty to arise, that by means thereof such certify the Circuit Court cannot proceed to the determination of the Session. same consistently with justice and the nature of the case; in any such case, and not otherwise, it shall and may be lawful to and for such Circuit Court to certify such appeal, together with the reasons of such difficulty, and the proceedings thereupon had before such Circuit Court, to the Court of Session or Court of Justiciary respectively; which Courts are hereby respectively authorized and required to proceed in and determine the same. 1 See the case of Beattie v. Gemmel, supra, p. 130, which was certified from the Circuit Court, Glasgow, to the High Court of Justiciary, but which, as it was a civil cause, was remitted by that Court to the Court of Session, as provided for by the above section. EMPLOYERS AND WORKMEN ACT, 1875. 38 AND 39 VICT. CAP. 90. An Act to Enlarge the Powers of County Courts in respect of Disputes between Employers and Workmen, and to give other Courts a limited Civil Jurisdiction in respect of such Disputes.--[13th August 1875.] [The Employers and Workmen Act, 1875, which was passed at the close of the last Session of Parliament, gives a statutory jurisdiction to Sheriffs sitting both in the ordinary Sheriff Court of the County and in the Small Debt Court to administer its provisions. This Act does not properly come in as belonging exclusively to either the first or the second part of this work, and was not, of course, included in its original design. But as, by the Conspiracy and Protection of Property Act, 1875, section 17, the Master and Servant Acts which were previously in force have been almost wholly repealed, and as the Employers and Workmen Act is one which may be of considerable use in practice, it has been thought expedient to introduce it here. It has, however, so recently become law that there has not been time for judicial interpretation of its various provisions. By special authority contained in the Act under consideration, the Court of Session have, after consultation with the Sheriffs of Counties, passed a relative Act of Sederunt containing a number of suitable forms. This Act is given in the Appendix, infra.] BE IT enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords N |