PROOF-continued. allowed to explain informal writing, 11. how to be taken, 15. when by commission, 15, 18. absence, age, infirmity, or sickness of witness, 15. documents to be produced at calling of cause, 208. documents adduced at proof, 15 evidence tendered and rejected, 15. ground of rejection, 15. documents tendered and rejected, 15. proof to be taken continuously, 15. evidence to be read by sheriff to witness, 15. to be signed, 15. proof by shorthand writer, 16, 166, 247. after proof closed admission of additional proof, 17. after interlocutor pronounced, 17. may be ordered by Court of Session, 69. no appeal during leading of proof, 25. except on plea of confidentiality, 26. on appeal Sheriff may order rejected proof to be taken, 26. when books of business founded on, excerpts may be produced, 214. diligence for recovery of writings, 214. writings withheld, 215. statements averred but not denied held admitted, 215. no production permitted after record closed unless nes noviter, 215. noviter veniens ad notitam, 215. papers not lodged in time, 216. parties may be appointed to confess or deny, 217. proof by commission, 15, 18, 218. writings in opposite party's hands, 218. diligence for recovery of writs, 218. proof to lie in retentis, 218. notice of diet of proof to opposite party, 219. objections and answers during proof, how dealt with, 219. examination of witness, 220. reporting proof by commission, 220. proof by oath of party, 220. concurrence of party making reference, 221. reporting proof taken by commission, and circumduction, 221. reponing against circumduction, 221. when proof reported, &c., no further proof except upon reasons shown, 220. facts and witnesses must be stated, 220. PROOF-continued. statements of accounts may be ordered, 221. under Small Debt Act, remit to take proof and report, 108. under Debts Recovery Act, no note of evidence to be taken if not asked, 166. shall be taken if asked, 166. how to be taken, 166. shorthand writer, 166. documents admitted to be marked, 166. note of evidence tendered and rejected, 166. documents tendered and rejected to be marked, 166. diet of proof not to be adjourned, 166. when no note of evidence taken, appeal incompetent as to findings in fact, 167. where jottings of evidence taken, 168. on appeal Sheriff may order evidence to be taken of new, or additional evidence, 169. PROTESTATION for not insisting, 209, 210. RECLAIMING PETITION, competent on appeal to Sheriff, 24. Sheriff may order answers, 24. reclaiming days shall run during vacation, 206. provisions of Act of Sederunt, 222. RECORD, adjustment of, 7. irrelevant matter on, 7. dating and closing of, 5, 7, 213. 169. when closed no amendments or productions unless res noviter, 215. opening up by Sheriff ex propria motu, 24, 25. may be amended on appeal to Court of Session, 17. may be made up in Court of Session when necessary, 72. alterations or additions on margin of, to be authenticated, 213. REDUCTION, remedy against decree implemented, 5. competency of, 67. where vitiation of book of causes alleged, 115. reductive conclusions in Sheriff Court summons, 57. REGULATIONS, GENERAL, provisions of Act of Sederunt, 1839, 236. REMIT, from Ordinary to Small Debt roll, 32, 98. modification of expenses if consent refused, 98. appeal to Sheriff against remit, 99. remit from Small Debt to Ordinary roll, 111. REMIT-continued. right of appeal not prejudiced, 112. remit from Debt Recovery to Ordinary roll, 165. remit to persons of skill, 16, 221. under Small Debt Act, 108. under Debts Recovery Act, 165. REMOVINGS, proceedings in actions of, 40. when summons must be executed, 40. conventional irritancy, 41. removal under, competent before Sheriff, 41. probative lease same effect as extract decree if forty days' notice given, 42. may be sufficient warrant to eject, 42. ejectment incompetent after six weeks have elapsed from last letter of removal equivalent to extract decree if forty days' notice letter sufficient warrant to eject, 43. defender to find caution for violent profits, 211. decree when extractable, 226. actions of removings entitled to privileges of summary actions, 233, appeal to Sheriff in cases of summary removing, 234. removal by superior for arrears of feu-duties, 45. REPEAL OF ACTS, 54, 88, 94, 246. in cases exceeding £25 limited to final judgments, 33. review by Sheriff under Small Debt Act where imprisonment has followed, 39, 127. exclusion of review by advocation to imply exclusion by appeal, 72. under Debts Recovery Act except as provided, 173. See APPEALS. REVIVAL OF ACTION. See ACTION. ROLL OF CAUSES. under Small Debt Act to be exhibited, 115. penalty on failure, 135. under Debts Recovery Act, 173. SALE. See APPRAISEMENT AND SALE. SEQUESTRATION FOR RENTS, petition for, may conclude for decree for payment, 40. SEQUESTRATION FOR RENTS-continued. form of summons, 144. recall, 100. extended to sequestrations currente termino, 40. and to rents of £12, 39, 40. secretion of or intromission with sequestrated effects, 118. salaries may be increased, 49. retiring allowances to, 50. salaries to be in lieu of fees, 50. expenses at circuit courts within county, 125. additional sheriffs-substitute may be appointed, 49. commissions to sheriffs-substitute to extend over whole county, 50. may sign interlocutors when furth of county, 53. "Sheriff" to include "Sheriff-Substitute," 54, 89, 136, 180, 202, 237. Act to diminish number of Sheriffs, and to unite certain countries, 237. courts to be held and duties to be discharged by Sheriffs and jurisdiction under Conjugal Rights Amendment Act 1874, 89. SHERIFF-CLERKS, compensation to, 50. salary may be adjusted, 51. shall attend circuit courts within county, 119. shall appoint deputes, 121. expenses at Circuit Courts within county, 125. notice to be given, 122. irregular pleadings, 217. shall not act as procurators, 236. Books to be kept. book of causes, 115, 172, 182. register of indorsations, 115, 173. of warrants of arrestment on dependence, 115. of loosings of arrestment, 115. of sequestration and sales, 115, 173. SHERIFF-CLERKS-continued. of reports of poindings, &c., 115, 173. roll of causes, 115, 173. transmission book, 172, 182. SIST OF DILIGENCE, in decree in absence sist may be obtained before implement, 3. under Small Debt Act, 113. in decree in absence, 113. in decree of absolvitor, 113 each party entitled to a sist, 114. three sessions each year, 51. additional court days for arrears, 51. interlocutors competent during vacation, 52. Sheriff to appoint one court-day during vacation, 52. SMALL DEBT ACT, causes not exceeding £8, 6s. 8d. may be tried under, 94. remaining portion of debt abandoned, 94, 95. division of debts, 95. forms of proceedings, 95. exclusion from operation of Sheriff Court Act 1853, 2, 32. causes above £12 may be tried summarily with consent, 32. appeal in prosecution for statutory penalties, 94. See APPEALS TO CIRCUIT COURTS. SUMMARY APPLICATIONS, when competent. See PETITION. actions of removing and aliment entitled to privileges of summary SUMMARY PROSECUTIONS APPEALS ACT, 1875. cases to which the Act shall apply, 248. inferior judge to state a case, 248. procedure, 248. case may be refused, 250. provisions then to have effect, 250. note of objections to evidence may be taken, 251. to what Court appeal to be taken, 251. Superior Courts may make rules, 251. other appeals excluded, 251. unexpired period of sentence, 251. extension of time for lodging appeals, 252. scale of fees, 253. |