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The First Part consists of the Sheriff-Court Act of 1853, part vii. of the Court of Session Act, 1868,— comprising sections 64 to 80 inclusive,—which now regulates “appeals from Inferior Courts," and the Conjugal Rights Acts of 1861 and 1874.
The provisions of the Conjugal Rights Act of 1861, when it was passed, applied exclusively to proceedings before the Supreme Court. On the preamble that the expense of procedure under this Act prevented many persons from availing themselves of its benefits, the Conjugal Rights Amendment Act of 1874 was passed, rendering proceedings as regards a number of the provisions of the previous Act competent in the SheriffCourt. Both these Acts have therefore been given, with relative illustrations, including those cases the jurisdiction as to which is still exclusively confined to the Supreme Court.
The Second Part commences with the Small Debt Act of 1837. This Act was specially designed to provide simple and inexpensive forms of process for the trial and recovery of claims of small amount, and with
, this object in view the right of appeal is rigidly circumscribed. The 30th section, accordingly, carefully excludes—otherwise than as provided by the section which immediately follows—all review of cases decided under the authority of the Act. The 31st section, to which reference has been made, provides the only review which is permitted.
The cases which have been given in illustration of the working of this Act are, therefore, all of them referable to the 30th or 31st section. But where an appeal has been founded on want of compliance with the provisions of any particular section, the case or cases in illustration have been subjoined thereto, where it has appeared that the application of the law is thereby more clearly enunciated.
The Debts Recovery Act, which follows, adopts to a large extent the provisions and machinery of the Small Debt Act, by incorporating partially or wholly a number of its sections, and by rendering them applicable to a limited class of cases of from £12 to £50 in amount. Notes have been subjoined to these sections indicating the extent to which they have thus been incorporated. The few cases under this Act which have come before the Supreme Court have been given under the respective sections to which they relate.
The few but important sections of the Heritable Jurisdictions Act, providing for appeals from Inferior Courts, with relative Notes and Illustrations, conclude this part of the work.
During the last Session of Parliament the Employers and Workmen Act, 1875, and the Summary Prosecutions Appeals (Scotland) Act, 1875, have been passed. Under the former of these, proceedings may be taken either in the Ordinary or the Small Debt Court, as the
circumstances may require, and it has been thought expedient to give it in the form of a Supplement, to which there is a separate introductory note. The relative Act of Sederunt, containing a number of suitable forms, has been given in the Appendix.
Under the Summary Prosecutions Appeals Act a new mode of appeal on points of law has been provided for a limited description of cases. These include prosecutions for penalties under the Small Debt Act. For convenience of reference, the Appeals Act referred to, some other Acts of Parliament relating to SheriffCourt Practice, and the Act of Sederunt of July 1839, have also been given in the Appendix. This Act of Sederunt in so far as unrepealed is still operative, and to a large extent it continues to regulate the forms of process in the Sheriff-Court.
In order to facilitate reference the Index has been prepared so as to embrace the Appendix, and it is believed that this feature will add to the usefulness of the volume.
WICK, February 1876.
ACT OF SEDERUNT REGULATING FORMS OF PROCESS—10th July