148. For regulations regarding removings from premises let for less than a year, and at rents not exceeding the rate of £30 a year, see 1st and 2d Vict. c. 119, sec. 8 to sec. 14.

149. No appeal to the Sheriff shall be competent against judgments of the Sheriff-Substitute in cases of summary removings under the said Act, except when they have been remitted to the ordinary roll.

CHAP. III.-SEQUESTRATIONS FOR RENT.

150. When a petition for sequestration is presented the Sheriff may pronounce an interlocutor sequestrating the crop, stocking, and effects, and grant warrant to take an inventory thereof, and ordain the petition and warrant to be served on the tenant, and him to give in answers thereto within such induciae as to the Sheriff shall seem proper. If no answers are lodged within the time assigned, the Sheriff, on production of the executions of sequestration and service of the petition on the defender, may grant warrant of sale. Every warrant to sell sequestrated effects shall be carried into execution at the sight of the Clerk of Court, or other person authorised by the Sheriff; and in every case where a sale follows on such warrant, the sale shall be reported within fourteen days after the date of the roup; and the principal roup-rolls, or copies regularly certified, must, within the same period, be lodged in process, together with an account of the expenses incurred in the sequestration and sale, and also a state of the debt due by the defender, showing the difference between the debt and the proceeds of the effects sold.

151. In petitions for sequestration it shall be competent to conclude for payment of the rent, and decree may thereupon be pronounced for the same and expenses, or for such balance as may remain due after sequestration and sale, and under deduction of the expenses thereof, under the provisions of the foregoing section.

152. It shall be competent to the Sheriff, on cause shown, at any stage of the proceedings, to appoint a fit person to take charge of the sequestrated subjects, or to require caution from the tenant that they shall be afterwards made furthcoming.

CHAP. IV. ARRESTMENTS.

153. The clerk is authorised to issue precepts of arrestment upon there being produced to him a libelled summons not containing a warrant of arrestment, or a petition with pecuniary conclusions. The precept shall always set forth the ground of application

for the arrestment; and no blank warrant of arrestment shall be granted upon any pretence whatever.

154. If the pursuer shall use arrestment on a libelled summons (1st and 2d Vict. c. 114, § 17) the same shall be effectual, provided the warrant of citation shall be executed against the defender within twenty days after the date of the execution of the arrestment, and the summons be called in Court within twenty days after the diet of compearance, or when the expiry of the said period of twenty days falls within the vacation, provided the summons be called on the first court-day thereafter, whether such court-day be one of those hereby authorised to be held in vacation (§ 3) or in the ensuing session; and if the warrant of citation shall not be executed, and the summons called in manner above directed, the arrestment shall be null, without prejudice to the validity of any subsequent arrestment duly executed in virtue of the said warrant.

155. Any warrant or precept of arrestment granted by any Sheriff, whether contained in a libelled summons, or proceeding upon a depending action, or liquid document of debt, (1st and 2d Vict. c. 114, § 19), may lawfully be executed within the territory of any other Sheriff, the same being first endorsed by the Sheriff-Clerk of such sheriffdom, who is required to make and date such indorsation.

156. For regulations regarding the recal or restriction of arrestments by the Sheriff, see 1st and 2d Vict. c. 114, sec. 21.

CHAP. V.-MEMBERS OF COURT.

(The provisions of this Chapter are to a large extent superseded by the Law Agents' Act, 1873, by which the admission of Members of Court is now regulated.)

157. No person shall be permitted to practise as a procurator in any Sheriff Court unless he be a Writer to the Signet, or a Solicitor before the Supreme Courts, or have been admitted a procurator, and have practised as such before some Sheriff Court, or have served three years as an apprentice to a Writer to the Signet, to a Solicitor before the Supreme Courts, or to a procurator before any Sheriff Court in Scotland, or Court of royal burgh, or to a Sheriff Clerk, be twentyone years of age, and be regularly admitted by the Sheriff, without prejudice to the legal rights of chartered bodies.

158. Any agent in the Court of Session proposing to practise before a Sheriff Court in applications for the benefit of cessio, in terms of 6 and 7 Will. IV. c. 56, or in any proceeding not competent in a Sheriff Court before the passing of the 1st and 2d Vict. c. 119, shall produce to the Clerk of Court sufficient evidence of his being duly qualified to practise as an agent before the Court of Session.

159. Procurators of Court and agents qualified as above, and resident within the jurisdiction of the Court, shall alone be entitled to borrow any process, by themselves, or their clerks duly authorised, and for whom they shall be responsible by the ordinary compulsitors of the law.

160. The Sheriff-Clerk or his depute shall not act either directly or indirectly as a procurator.

PART III.

CHAP. I.-CONSISTORIAL AND MARITIME CAUSES.

(A similar provision is contained in the Sheriff Court Act, 1853, section 21.) 161. The form of process in consistorial and maritime causes shall be the same, as nearly as possible, with that in ordinary actions before the Sheriff Court.

CHAP. II.-GENERAL REGULATIONS.

162. In all defended causes the interlocutors of Court must be written on a separate sheet or sheets of paper, and not on the pleadings of the parties.

163. In every process there shall be an inventory to accompany it, in which every paper given in shall be entered, with its corresponding number, by the party who lodges it. The Sheriff-Clerk shall mark all pleadings and productions (or when several productions are lodged at once, the inventory thereof), with the date of lodging the same; and shall also keep another inventory, in terms of 1st and 2d Vict. c. 119, sec. 16.

164. The Sheriff-Clerk or his depute shall keep a transmissionbook in the form of Schedule (B) annexed to the Act 1st and 2d Vict. c. 119; and he shall, besides, insert therein two columns to show the date of the Sheriff's receiving each process and of his returning it advised, in terms of sec. 16 of the said Act.

165. The Sheriff-Clerk shall take up a roll of motions on the enrolment of any of the parties, which shall be called on each courtday. And each Sheriff shall make such regulations with reference to the roll and to the court-book or diet-book as are applicable to the circumstances of his county.

166. It is hereby declared that the term Sheriff in the present

Act of Sederunt shall include Sheriff-Substitute in all cases, except in such passages as relate to appeal from the Sheriff-Substitute to the Sheriff; or where from the context it is obvious that this is not intended.

The Lords appoint this Act, and the appendix thereto, to be inserted in the Books of Sederunt, and published in the usual C. HOPE, I.P.D.

manner.

No. II.

16 & 17 VICT. c. 92.-An Act to diminish the number of Sheriffs in Scotland, and to unite certain counties in Scotland in so far as regards the jurisdiction of the Sheriff-[20th August 1853].

WHEREAS it is expedient that the number of Sheriffs in Scotland should be diminished, and that provision should be made for uniting certain counties in so far as regards the jurisdiction of the Sheriff

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:

1. [Counties specified in schedule to be united, and provision for discharge of the functions of Sheriff of the united counties.]—Whenever a vacancy shall occur in the office of Sheriff of any counties or county specified in the schedule hereunto annexed, such counties or county, and the other counties or county named and included therewith in the said schedule, shall be united into one sheriffdom, under the title specified in the said schedule, and the functions of the Sheriff of the counties or county in which the vacancy shall occur shall thereupon devolve on and be discharged by the Sheriff of such other counties or county so included therewith; and such Sheriff shall thereafter be, and be denominated, the Sheriff of the said united counties and sheriffdom, without the necessity of any new commission being issued in his favour, and shall have and exercise all the jurisdictions, powers, privileges, and authority competent to the Sheriffs of the said counties respectively.

2. [County of Peebles to be united with county of Midlothian.]— Whenever a vacancy shall occur in the office of Sheriff of the county of Peebles, the said county shall be united with the county of Midlothian into one sheriffdom, to be called the sheriffdom of Midlothian and Peebles, and the functions of the Sheriff of the said county of Peebles shall thereupon devolve on and be discharged

by the Sheriff of Midlothian, who shall be, and shall be denominated, the Sheriff of Midlothian and Peebles, without the necessity of any new commission being issued in his favour, in like manner and to the like effect as is herein before provided.

3. [No separate appointments to be made to the office of Sheriff of counties to be united.]-No separate appointment shall hereafter be made to the office of Sheriff of the said county of Peebles, or of any of the counties specified in the said schedule, but appointment shall only be made to the office of Sheriff of such united counties or sheriffdoms as vacancies shall occur after such union as aforesaid.

4. [Saving rights, privileges, and liabilities of counties.]—Provided always, that, excepting as regards the person by whom the office of Sheriff shall be held and discharged, nothing herein contained shall affect or alter in any way the rights, privileges, or liabilities of the said counties respectively.

5. [Sheriffs of united counties not to be entitled to additional salary. Provided also, that nothing herein contained shall give any right to the Sheriff of any such united counties to any additional salary beyond that enjoyed by him as Sheriff of any counties or county prior to any vacancy occurring as aforesaid.

3. The county of Linlith- Linlithgow, Clack- The Sheriff of Linlithgow, gow and the counties

of Clackmannan and
Kinross.

mannan, and
Kinro ss.

Clackmannan,
Kinross.

and

4. The county of Dumbar- Dumbarton and The Sheriff of Dumbarton ton and the county of

Bute.

Bute.

and Bute.

5. The county of Hadding- Haddington and The Sheriff of Haddington ton and the county of Berwick.

Berwick.

and Berwick.

6. The county of Roxburgh Roxburgh and Sel- The Sheriff of Roxburgh and the county of Sel

kirk.

kirk.

and Selkirk.

7. The county of Wigton Wigton and Kirk- The Sheriff of Wigton and and the Stewartry of cudbright.

Kirkcudbright.

Kirkcudbright.