The Forms and Procedure in Civil Causes in the Sheriff Courts of Scotland: As Regulated by 16 and 17 Vict. C. 80, Commencing 1st Nov. 1853, and Previous Statutes and Acts of Sederunt, Book 363

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T. & T. Clark, 1853 - Civil law - 213 pages

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Page 9 - ... shall extend to a body politic, corporate or collegiate, as well as an individual; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as several persons or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male...
Page 9 - ... settlement was made : provided always, that those words and expressions occurring in this clause, to which more than one meaning is to be attached, shall not have the different meanings given to them by this clause in those cases in which there is any thing in the subject or context repugnant to such construction.
Page 50 - Scotland it shall be competent to any person to appeal against any order or conviction under this Act to the next Circuit Court of Justiciary, or where there are no Circuit Courts to the High Court of Justiciary at Edinburgh...
Page 69 - Fee herein-after mentioned ; and if any Witness or Haver, duly cited on a Citation of at least Forty-eight Hours, shall fail to appear, he shall forfeit and pay a Penalty not exceeding Forty Shillings, unless a reasonable Excuse be offered and sustained : and every such Penalty shall be paid to the Party citing...
Page 62 - If the Effects are not sold, the Tenor of the Report must be altered according to the State of the Fact; for instance, ["I exposed " the said Goods and Effects to public Sale, but no Person having " offered the appraised Value, therefore I declared the same to belong " to the said CD at the said respective appraised Values in Payment " to that Amount of the Sums in said...
Page 54 - Citation for Defender. EF, Defender, above designed, you are hereby summoned to appear and answer before the Sheriff in the Matter, and at the Time and Place, and under the Certification set forth in the above Copy of the Summons or Complaint against you. This Notice, served upon the Day of by me, JT Sheriff's Officer.
Page 47 - ... sequestration or poinding and sale ; and a report of the proceedings in the sequestration or poinding and sale and proceeds, or of the delivery of the effects, shall in every case be made by the officer to the sheriff clerk within eight" days thereafter, agreeably to the form in schedule (G.) annexed to this Act, or to the like effect ; and where the sheriff shall order a sale of goods or effects arrested, the same course of proceeding shall be adopted as is above directed in the case of poinding...
Page 27 - Edinburgh, in the manner prescribed by and under the rules, limitations, conditions, and restrictions contained in the act passed in the twentieth year of the reign of His Majesty King George the Second, chapter forty-three...
Page 5 - Be it hereby 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. The term
Page 43 - Expences having been lodged with him, or of Consignation, as above provided, having been made in his Hands, shall operate as a Warrant for loosing any Arrestment used either in that or in any other County on the Dependence of the same Action, without any other Caution being found or any other Consignation being made by the Defender.

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