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CORRIGENDA.

Page 2, line 14 from top, delete the words "See Appendix."

Page 23, line 4 from foot, after the word "person," add, "That is to say, that the first of the successive periods of three months shall commence to run from the time when he has so become a party.”

Page 33. After section 24, add, This section from "and the provisions" to end, repealed by Statute Law Revision Act, 38 and 39 Vict. c. 66. Page 39. After section 25, add, "This section repealed by Statute Law Revision Act, 38 and 39 Vict. c. 66."

Page 53. After section 46, add, This section from "and so much" to end, repealed by Statute Law Revision Act, 38 and 39 Vict. c. 66.

Page 54. After each of sections 51 and 52, add, "This section repealed by Statute Law Revision Act, 38 and 39 Vict. c. 66.”

Pages 54, 89, 136, 180, 202, 239, note Fleming v. Dickson, 19 Dec. 1862, 1 Macph. 188, 35 Jurist 96. "Sheriff" at common law includes his Substitute.

Page 134, line 6 from foot, for " 1857," read "1867.”

Page 161, line 17 from foot, for "M'Kenkrick,” read "M‘Kendrick.”

PART I.

SHERIFF COURT ACT, 1853.

ANNO DECIMO SEXTO & DECIMO SEPTIMO

VICTORIÆ REGINÆ.

CAP. LXXX.

An Act to facilitate Procedure in the Sheriff Courts in Scotland. [15th August, 1853.]

WHEREAS an Act was passed in the First Year of the Reign of Her present Majesty, intituled An Act for the 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 First and Second Years of the Reign of Her present Majesty, intituled An Act to regulate the Constitution, Jurisdiction, and Forms of Process in Sheriff Courts in Scotland: And whereas it is expedient to facilitate Procedure in the Sheriff Courts in Scotland, and to make further Provision for the cheap and speedy Administration of Justice in the said Courts 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:

A

Short Form of Sum

mons.

Decree in absence.

Provision

ing.

PROCEEDINGS IN ORDINARY CAUSES.

1. With respect to Cases in the Sheriff Court, other than those provided for by the first-recited Act1 as extended by this Act, be it enacted as follows:

The Summons shall be in the form, as nearly as may be, of the Schedule (A.) annexed to this Act,2 and such short Form shall be equally effectual to all intents and Purposes, including Arrestment on the Dependence where the Summons contains a Warrant to arrest in Terms of such Schedule, as the forms at present in use.

1 This is a specific exclusion of the Small Debt Act from the operation of this Act.

2As to the form of Summons, see the cases subjoined to Schedule (A) of this Act. See Appendix.

The requirements of the Act of Sederunt, of 10th July 1839, as regards the form of the Summons, have been superseded by the provisions of this Act. See the case of Manson v. Dundas, cited under Schedule (A).

2. Where no Appearance shall be entered for the Defender the Sheriff may, at any Court held after the Day of Compearance, give Decree in Terms of such Summons, in like Manner as at present where no Appearance is made for the Defender, and such Decree shall be in all respects equivalent to a Decree in absence for repon- obtained under the Forms at present in use:1 Provided always, that the Defender2 may obtain himself reponed against such Decree, whether extracted or not, at any Time before Implement has followed thereon, or against such Part thereof as may not have been implemented, by lodging with the Sheriff Clerk a Reponing Note in the Form in Schedule (B.) annexed to this Act, and consigning therewith the Sum of Expenses decerned for, a Copy of which Note shall at the same time be delivered or transmitted through the Post Office to the

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