things were so done before and with O. P. and Q. R [design them,] witnesses and appraisers, in the premises hereto with me subscribing. Note. The number of Courts and places where held have been considerably changed, with authority of the Secretary of State, since the passing of the Act. Roxburgh. Melrose....... .Four Times. .Six Times. SCHEDULE (I.) Notice. A.B. [add designation,] residing is the depute sheriff clerk to whom application for summonses and every thing else necessary for the sheriff circuit at this place for small debt causes must be made [or, in case the depute shall not be resident, say A. B. [add designation and place of residence,] is the depute sheriff clerk, who will officiate at in the Sheriff's Small Debt Circuit Court, and C. D. [add designation,] residing is the person who will issue summonses or at the clock, and `on every [fix the time periodically, or if not new notice to be given.] A. B. [add designation and residence] is the clerk for this place. Date. ANNO DECIMO SEXTO & DECIMO SEPTIMO VICTORIÆ REGINÆ. 7 W. 4. & 1 Vict. c. 41. CAP. LXXX. An Act to facilitate Procedure in the Sheriff Courts in Scotland.— [15th August 1853.] WHEREAS an Act was passed in the First Year of the Reign of Her present the Sheriff Courts, and for regulating the Establishment of Circuit Courts for the Trial of Small Debt Causes by the Sheriffs in Scotland; and another Act was 1 & 2 Vict. passed in the Session of Parliament held in the First and Second Years of the c. 119. Reign of Her present Majesty, intituled An Act to regulate the Constitution, Jurisdiction, and Forms of Process in Sheriff Courts in Scotland: And whereas it is expedient to facilitate Procedure in the Sheriff Courts in Scotland, and to make further Provision for the cheap and speedy Administration of Justice in the said Courts 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: Proceedings I. With respect to Cases in the Sheriff Court, other than those provided for by in Ordinary the first recited Act as extended by this Act, be it enacted as follows: Causes. The Summons shall be in the Form, as nearly as may be, of the Schedule (A.) Short Form annexed to this Act, and such short Form shall be equally effectual to all Intents of Sum mons. Decree in absence. for reponing. and Purposes, including Arrestment on the Dependence where the Summons contains a Warrant to arrest in Terms of such Schedule, as the Forms at present in use. II. Where no appearance shall be entered for the Defender, the Sheriff may, at any Court held after the Day of Compearance, give Decree in Terms of such Summons, in like manner as at present where no Appearance is made for the Defender, and such Decree shall be in all respects equivalent to a Decree in absence obtained under the Forms at present in use: Provided always, that the Defender Provision may obtain himself reponed against such Decree, whether extracted or not, at any Time before Implement has followed thereon, or against such Part thereof as may not have been implemented, by lodging with the Sheriff Clerk a Reponing Note in the Form in Schedule (B.) annexed to this Act, and consigning therewith the Sum of Expenses decerned for, a Copy of which Note shall at the same Time be delivered or transmitted through the Post Office to the Pursuer or his Agent in the Action, and a Certificate by the Sheriff Clerk that such Note has been lodged shall operate as a Sist of Diligence; and where such Note shall have been lodged and Consignation made as aforesaid, the Sheriff shall pronounce a Judgment reponing the Defender, and shall also appoint the consigned Money to be paid over to the Pursuer, unless Special Cause be shown to the contrary, and the Cause shall thereafter proceed in all respects as if Appearance were made therein, in manner herein-after provided, of the Date of such Judgment: Provided always, that where a Charge has been given, or any Step of Diligence has been taken, on the Decree, prior to the Application to be reponed, it shall be competent to the Sheriff in the course of the Proceedings in the Cause to decern in favour of the Pursuer for the Expense of such Charge or Diligence, or such Part thereof as shall be just. where De enters Ap pearance. III. Where the Defender intends to state a Defence, he shall enter Appearance Procedure by lodging with the Sheriff Clerk, at latest on the day of Compearance, a Notice fender in the Form of Schedule (C.) annexed to this Act; and on the First Court Day thereafter, or on any other Court Day to which the Diet may be adjourned, not being later than EIGHT Days thereafter, the Sheriff shall hear the Parties in Explanation of the Grounds of Action and the Nature of the Defence to be stated thereto, and if satisfied that no farther written Pleadings are necessary, he shall cause a Minute in the Form of the Schedule (D.) annexed to this Act to be written on the Summons, setting forth concisely the Ground of Defence, which Minute shall be subscribed by the Parties or their Procurators, and the Sheriff shall thereupon close the Record by Writing under the said Minute "Record Condescen closed," and signing and dating the same; but if the Sheriff shall be satisfied that dence and the Record cannot properly be made up without Condescendence and Defences, Defences to he shall pronounce an Order for the same; and in such Event the Pursuer shall, be lodged. within SIX DAYS thereafter, lodge with the Sheriff Clerk a Condescendence setting forth articulately, and as concisely as may be, without any Argument or unnecessary Matter, the Facts necessary to Found the Conclusions of the Summons which he avers and is ready to prove, together with a Note of Pleas in Law; and the Defender shall, within TEN DAYS after the lodging of such Condescendence, lodge his Defences, setting forth articulately his Answers to such Condescendence, and also, where necessary, setting forth articulately, under a separate Head, any counter Statements necessary for his Defence which he avers and is ready to prove, and there shall be appended to such Defences a Note of the Defender's Pleas in Law, and such Defences shall be framed as concisely as may be, without any Argument or unnecessary matter. up and closed. IV. The Sheriff Clerk shall, as soon as Defences are lodged, transmit the Pro- Record to cess to the Sheriff, who shall consider the same, and shall as soon may be, and be made at latest within SIX DAYS after the date of lodging the Defences, appoint the Parties or their Procurators to meet him, and shall at such Meeting, if dilatory Defences have been stated, dispose at once, where possible, of such dilatory Defences, or may reserve Consideration of them till a future stage of the Cause; and unless where the Pursuer is willing to close on Summons and Defences, the Sheriff may, if he thinks fit, order One Revisal of the Condescendence and Defences respectively, which revisal shall be made upon the original Papers, unless the Sheriff, for Special Cause assigned, shall direct to the contrary; and as soon as Revised Defences are lodged, the Sheriff Clerk shall transmit the Process to the Sheriff, who shall thereupon appoint the Parties or their Procurators to meet him as soon as may be, and at latest within SIX DAYS after the Date of the lodging of the revised Defences; and at such Meeting after the lodging of the Defences, or the revised Defences, as the Case may be, or at an adjourned Meeting, if the Sheriff has seen fit to adjourn (which he is hereby authorised to do, where necessary, but for no longer Period than EIGHT DAYS), the Sheriff shall allow the Pursuer or his Procurator to put upon Record, in concise and articulate Form, where this has not been already done, his Answers to the Defender's Statement of Facts, or a simple Minute of Denial where that shall be deemed by the Sheriff to be sufficient, and shall allow each Party to adjust his own part of the Record, and shall strike out of the Record any Matter which he may deem to be either irrelevant or unnecessary; and the Record shall then be closed by the Sheriff writing upon the kc |