ment to that Effect endorsed thereon by such Party in possession himself, or by his known Agent on his Behalf, shall be sufficient Evidence that such Notice has been given Provided also, that no such Removal or Ejectment by virtue of this Enactment shall be competent after Six Weeks have elapsed from the Expiration of the Term of Endurance specified in such Lease, or where the Lease has a separate Ish as regards Land and Houses or otherwise, after Six Weeks have elapsed from that Ish which is last in Date; and provided further, that nothing herein contained shall be construed to prevent any Proceedings under this Enactment from being brought under Suspension in common Form. Removal Tenant of Remov vided given. 31. Where any Tenant in possession of any Lands Letter of or Heritages shall, whether at the Date of entering granted by upon his Lease, or at any other Time, grant a Letter of equivalent Removal, either holograph or attested by One Witness, to Decree in the Form in Schedule (K) annexed to this Act, such ing, proLetter of Removal shall have the same Force and Effect Forty Days' in every respect as any Extract Decree of Removing Notice be obtained in any ordinary Action of Removing at the Instance of the Party to whom such Letter of Removal is granted, or of the Party in his Right against the Party Granter of such Letter of Removal, or the Party in his Right as Tenant, decerning such Party Granter of such Letter, or such Party in his Right, as the Case may be, his Family, Sub-tenants, Cottars, and Dependants, with their Goods and Gear, to be removed and ejected from the said Lands and Heritages at the Term or Terms of Removal respectively specified in such Letter of Removal; and such Letter of Removal shall be a sufficient Warrant to any Sheriff Officer of the County within which such Lands or Heritages are situate to remove and eject such Party Granter of such Letter of Removal, or such Party in his Right, and his foresaids, from such Lands and Heritages, on the Elapse of such specified Term or Terms respectively, and to return an Execution thereof in common Form: Provided always, that where such Letter of Removal shall Arrears of Feu-Duties for Sub jects of bear Date more than Six Weeks before the Term of Removal, or the Ish first in Date, specified in such Letter of Removal, previous Notice to remove shall be given to the Party Granter of such Letter of Removal, or to such Party in his Right, at least Forty Days before such Term of Removal, or where such Letter of Removal specifies a separate Ish as regards Lands and Houses or otherwise, at least Forty Days before that Ish which is first in Date, by causing to be delivered to such Party Granter of such Letter of Removal, or to such Party in his Right, or to be left at his ordinary Dwelling House, or to be transmitted to his known Address through the Post Office, previous to the Commencement of such Period of Forty Days, a Notice by a Sheriff-Officer of the County in which such Lands or Heritages are situate, in the Form of Schedule (I) annexed to this Act; and a Certificate endorsed upon such Letter of Removal that such Notice has been duly given, signed by a Sheriff-Officer of such County, and attested by One Witness, in the Form of Schedule (J) annexed to this Act, or an Acknowledgment to that effect endorsed thereon by the Granter of such Letter of Removal, or other Party in his Right, or by the known Agent of the Granter of such Letter of Removal, or other Party on his Behalf, shall be sufficient evidence that such Notice has been given: Provided also, that no such Removal or Ejectment by virtue of this Enactment shall be competent after Six Weeks have elapsed from the Expiration of the Term of Endurance specified in such Letter of Removal, or where such Letter of Removal has a separate Ish as regards Lands and Houses or otherwise, after Six Weeks have elapsed from that Ish which is last in Date; and provided further, that nothing herein contained shall be construed to prevent any Proceedings under this Enactment from being brought under Suspension in common Form. 32. And whereas it is desirable that the Jurisdiction of the Sheriff should be extended to Questions relating to Non-payment of Feu Duties for real Subjects Amount Sheriff of small Amount, wherever, in Subjects not exceeding small in yearly Value the Sum of Twenty-five Pounds, the may be Vassal shall have run in arrear of his Feu Duty for sued for in Two Years: It shall be competent for the Superior to Court. raise an Action before the Sheriff in ordinary Form, setting forth that the Subject is of the Value, and that the Feu-Duty has run in arrear as aforesaid, and concluding that the Vassal should be removed from his Possession, and that Warrant to that Effect should be. granted,1 and thereafter the Cause shall proceed in the Manner herein provided in ordinary Actions;2 and if the Defendant shall fail to appear, or if it shall be proved to the Sheriff by such Evidence as he may require that the Subject is of the Value, and that the Feu Duty is in arrear as aforesaid, he shall grant Warrant in Terms of the Conclusions of the Summons, which Warrant shall be executed at the First Term of Whitsunday or Martinmas, which shall first occur, Four Months after the same is issued by the Sheriff, and such Warrant, so executed, shall have the Effect, in relation to the said Possession, of a Decree of Irritancy ob non solutum Canonem: Provided always, that it shall be competent to the Vassal, at any Time within One Year from the Date of such Removal, to raise an Action of Declarator in the Court of Session for Vindication of such Subject on any Ground proceeding on Challenge of the Title of the Superior, which shall not be called in question before the Sheriff except on Grounds instantly verified by the Titles of the Superior, and that it shall be competent to the Vassals, at any Time before such Warrant is executed, to purge the Irritancy incurred by Payment of the Arrears pursued for with the Expenses incurred by the Superior in such Proceedings; provided also, that in Leases for a longer Endurance than Twenty-one Years the Landlord shall have the like Remedies against his Tenant, in case of the Non-payment of Rent, mutatis mutandis, that are hereby given to the Superior against his Vassal. 1 Whyte brought an action in the Sheriff Court of Banff in the following terms :— "Whereas it is shown to me by William James Whyte, Doctor of Medicine, residing in Banff, principal tenant of the subjects and others after specified, with consent of the Right Honourable John Charles, Earl of Seafield, heritable proprietor of the said subjects, against James Gerrard, coach-builder, residing in the Sandyhill Road, Banff, defender, that by missive or minute of tack, dated the day of 1842, entered into betwixt the pursuer, the said William James Whyte, and the defender, the pursuer let to the defender All and Whole the houses and premises in the Sandyhill Road, Banff, formerly occupied by James Sim, including the work-shop, back yard, and small piece of ground in the park behind the same, and that for the term of thirty-two years from and after Whitsunday 1842, at the yearly rent of £11 sterling, payable at the term of Whitsunday yearly; that the said subjects do not in yearly value exceed the sum of £25 sterling; that the rents payable at Whitsunday 1857 and Whitsunday 1858 respectively have run into arrear, and have not been paid: Therefore the said defender, his family, sub-tenants, cottars, and dependants, with their goods and gear, ought to be removed and ejected from the said premises, and the same left void and redd, that the pursuer and others authorised by him may enter thereto and possess the same in time coming; and my warrant ought to be granted to that effect, and the defender ought to be decerned to pay the expenses of process.-MY WILL IS," &c. The defender objected to the summons as not being in terms of Schedule (A) annexed to the Act, and the Sheriff sustained the objection and dismissed the process. In his note, he stated that the form given in the Schedule is quite peremptory and unbending, that there must be no narrative of facts prefixed to the conclusions. On appeal, it was held that the summons was competently framed, and remit was made to the Sheriff for further procedure. Observed that this section says expressly what the summons is to set forth, and it requires the statement to be followed by a conclusion, the form of which it prescribes. For what is here required, the form given in Schedule (A) is not altogether applicable, and does not necessarily apply. Whyte v. Gerrard, 30th Nov. 1861, 24 D. 101, 34 Jurist 58. 2 Held that an action of irritancy in respect of arrears of feuduty, by a superior against the last entered vassal and the present proprietor, who was a disponee of said vassal but unentered, was competently raised under this section before the Sheriff Court of Fifeshire, and remit was made to the Sheriff to decern in terms of the libel, reserving to the present proprietor any remedy competent to him under this section. Hope v. Webster, Jan. 19, 1872, 44 Jurist 185, 10 Macph. 347. Proceedings in Criminal Prosecutions. 33. And in respect of Criminal Prosecutions before the Sheriff, be it enacted as follows: Libels may be written or printed, or partly both, but The Principal or Record Copies of all Criminal Libels before the Sheriff Courts may be either written or printed, or partly written and partly printed, provided that the same shall be authenticated in the same authentiManner as the written Criminal Libels now in use are Libels now authenticated. cated as are. printed be inserted 34. When a Criminal Libel in any Sheriff Court is Libel either wholly or partly printed, a Copy of it, either or partly wholly or partly printed, shall, instead of being copied printed to in Writing into the Record Book of Court, as at present, in Record be inserted in such Book, either in its proper Place in the Body thereof or at the End of the Volume wherein the relative Procedure is recorded, in which last Case it shall be distinctly referred to as so appended. Book. Criminal contain Two pearance as dule, and upon at to plead 35. In the Prosecution of all Criminal Offences The Will of which shall not be tried summarily the Will of the Libels to Criminal Libel shall contain Two Diets of Compearance Diets in the Form of the Schedule (L) hereunto annexed; and of Comat the First of such Diets, which shall not be sooner than in ScheFive Days from the Service of the Libel, the Court sitting Accused to in Judgment shall call upon the accused Party to plead be called Guilty or Not Guilty to the Crime of which such Party First Diet may be therein accused;1 and if such Party shall plead Guilty or Guilty the Court shall forthwith pronounce Sentence Not Guilty. upon such Party according to the Form now in use; and if the Party accused shall Plead Not Guilty the Trial of such Party shall take place on the Second Diet of Compearance set forth in the Will of the Libel,2 which Second Diet shall not be sooner than Nine clear Days after the First Diet, and at such Second Diet the Party accused shall again be called upon to plead as aforesaid, and if such Party shall then plead Guilty the Sentence of the Law shall be forthwith pronounced according to the Form now in use; and if such Party shall plead Not |