assistance of the Court a nautical assessor or nautical assessors under the provisions of the foresaid Act of Parliament, any party to the said action or proceeding who may desire the presence of such assessor shall intimate his desire to the Lord Ordinary by motion at least fourteen days before the date of the trial, proof, or hearing at which the presence of such an assessor is required. 2. The Lord Ordinary shall thereupon instruct the Depute Clerk of Session, or in his absence the Assistant Clerk of Session, officiating in his Court to send written notice to the Principal Clerk of Session attached to the First Division, who shall keep the list of assessors approved of by the Lord President, that the presence of an assessor is desired on a particular day. The Lord Ordinary may, if he thinks fit, specify in the said notice the class or description of assessor on the said list whose presence is desired. 3. The said principal clerk shall, as soon as may be after receiving the said notice, send to the clerk of the Lord Ordinary's Court the name of the assessor who is proposed to be summoned, and the clerk of Court shall forthwith communicate the name to the parties. Any party desiring to take objection to the assessor so named, either personally or in respect of his qualification, shall state his objection with the grounds of it by minute lodged in process not later than eight days before the date when the presence of the assessor is required, and the Lord Ordinary shall dispose of the objection forthwith. If the objection shall be sustained, the like procedure shall be followed for obtaining the name of another assessor, and so on in the event of successive objections being taken and sustained, provided always that the name of the assessor who is to attend shall be finally settled at least three clear days before the trial, proof, or hearing, and if necessary for that purpose, the Lord Ordinary may postpone the date of the trial, proof, or hearing. 4. If no objection to the name of the assessor proposed to be summoned is taken, or when any objection has been taken and repelled, the clerk of the Lord Ordinary's Court shall inform the foresaid principal clerk that the name has been settled, and it shall then be the duty of the said principal clerk to arrange for the attendance of the said assessor at the trial, proof, or hearing. 5. In the event of the Lord Ordinary being of opinion that the case is one in which the presence of a nautical assessor is desirable, although none of the parties may have moved to that effect, he shall not later than fourteen days before the date of the trial, proof, or hearing intimate his opinion to the parties, and the same procedure shall thereupon be followed as is herein-before provided. 6. In any action or proceeding of the nature specified in the foresaid Act of Parliament, in which a trial or proof is to be taken before one of the Judges of the Inner House of the Court of Session, the same procedure mutatis mutandis shall be followed as is herein-before provided with reference to actions or proceedings in the Outer House. 7. In any hearing in the Inner House, whether on reclaiming note, appeal, or otherwise, to which the foresaid Act of Parliament applies, the number of assessors to be summoned to the assistance of the Court, whether of its own motion or on the application of any party, shall be one or more than one, as the Court shall think fit, provided always that where any party desires the presence of an assessor or assessors he shall intimate his desire by enrolment in the Single Bills, and in any event the Court shall, not later than eight days before the hearing, give the parties an opportunity of stating any objection which they may have to the person or persons proposed to be summoned, either personally or in respect of their qualification, and shall dispose of the same, if stated. 8. In any action or proceeding in the Sheriff Court to which the foresaid Act of Parliament applies, the number of assessors to be summoned to the assistance of the Court at any particular stage of the cause, whether on the initiative of the Court or on the application of any party, shall be one in the case of a proof, and one or more than one in the case of a hearing on appeal, as the Court shall think fit, provided always (a) that intimation of the name or names of the person or persons proposed to be summoned shall be given to the parties by the Sheriff Clerk at least eight days before the proof or the hearing for which the summons is to be issued ; (b) that if any party intends to object to the person or persons proposed to be summoned he shall state his objection with the grounds of it by minute lodged in process within two days after receipt of the intimation; (c) that the objections, if any, shall be disposed of by the Court at least three days before the proof or the hearing; (d) that, if the objection is sustained, the like procedure shall be followed for securing another assessor, and the Court shall, if necessary for that purpose, adjourn the proof or the hearing; and (e) that it shall be the duty of the Sheriff Clerk if no minute is lodged as aforesaid, or when any objection has been taken and repelled, to arrange for the attendance at the proof or hearing of the person or persons named in the foresaid intimation. 9. The remuneration of every person attending as a nautical assessor under the foresaid Act of Parliament, whether in the Court of Session or in the Sheriff Court, shall be three guineas a day for each day on which he so attends, and also for any Sunday over which he is necessarily detained at the seat of the Court, besides travelling expenses. In the case of an assessor resident out of Scotland, he shall be entitled to charge a day, for coming and a day for going at the above rate, but other assessors shall not be entitled to a fee for travelling days unless, owing to the distance from the seat of the Court at which they reside, it is impossible, with reasonable convenience, to travel on the day or days on which they are required to sit in Court. 4 10. When, on the motion of a party to the cause, whether in the Court of Session or in the Sheriff Court, an assessor or assessors is or are to be summoned under the provisions of the foresaid Act of Parliament, the motion shall only be granted on condition that the party making it shall consign with the Clerk of Court such sum to meet the fees and expenses above provided as the Court may determine; and, when an assessor or assessors is or are to be summoned ex proprio motu of the Court, such consignation shall be made by the pursuer of the action, unless the Court shall otherwise direct. And the Lords appoint this Act to be inserted in the books of Sederunt and to be printed and published in common form. J. P. B. Robertson, I.P.D. SHERIFF COURT, SCOTLAND. ORDER OF THE SHERIFFS OF ABERDEEN, KINCARDINE, AND BANFF, DATED JANUARY 18TH, 1894, MADE WITH THE APPROVAL OF THE SECRETARY FOR SCOTLAND, APPOINTING SMALL DEBT COURTS. 1894. No. 595. Whereas it is expedient that Circuit Courts under the Act 1 Victoria, chapter 41,* should be re-established at Tomintoul, in the parish of Kirkmichael and county of Banff: Therefore I, John Guthrie Smith, Esquire, advocate, Sheriff of Aberdeen, Kincardine, and Banff, in virtue of the powers vested in me by the said Act, and with the consent and approval of the Secretary for Scotland, do hereby appoint Small Debt Courts to be held in the said village of Tomintoul in the months of April and September in each year, on dates to be afterwards fixed by me; and declare the area of the jurisdiction attached to the said Court to be the parish of Kirkmichael, and the quoad sacra parish of Glenlivat, in the said county of Banff; and I direct this Order to be recorded in the Sheriff Court books of the county of Banff, and to be published in terms of the statute,:) Given under my hand, at Edinburgh, this eighth day of January eighteen hundred and ninety-four years. (Signed) J. Guthrie Smith.. I consent and approve. (L.S.) (Signed) George Otto Trevelyan, . Scottish Office, Whitehall, 18th January, 1894. *The Small Debt (Scotland) Act, 1837. ORDER OF THE SECRETARY FOR SCOTLAND, DATED FEBRUARY 24, 1894, AUTHORISING THE HOLDING OF SUMMARY CRIMINAL COURTS AT BRODICK AND MILLPORT. 1894. No. 597. Whereas I, the Right Honourable Sir George Otto Trevelyan, Baronet, Her Majesty's Secretary for Scotland, after considering a representation made to me by the County Council of Buteshire, and consulting thereon with the Sheriff of Renfrew and Bute, am satisfied that the granting of the authority after mentioned will be for the public benefit: Now, therefore, in pursuance of the powers vested in me, I do hereby approve and authorise the holding of criminal Courts by the said sheriff or any of his substitutes at Brodick, for the disposal of cases arising within the parish of Kilbride or the parish of Kilmory, and at Millport for the disposal of cases arising within the parish of Cumbrae, declaring that only summary cases shall be tried at such Courts, and that nothing herein contained shall derogate from the power of the said sheriff and his substitutes to try summary criminal cases arising within any of the foresaid parishes at Rothesay, in accordance with the existing practice. Given under my hand and seal of office at Whitehall, this twenty-fourth day of February 1894. (L.S.) (Signed) George Otto Trevelyan, Her Majesty's Secretary for Scotland. ORDER OF THE SECRETARY FOR SCOTLAND, DATED DECEMBER 6, 1894, ESTABLISHING A SHERIFF COURT AT DUNOON. 1894. No. 606. I, the Right Honourable Sir George Otto Trevelyan, Baronet, Her Majesty's Secretary for Scotland, in virtue of the powers vested in me by the after-mentioned statutes, all passed during the reign of Her present Majesty, viz. :— (1.) A statute passed in the 33rd and 34th years, cap. 86; (2.) a statute passed in the 48th and 49th years, cap. 61 ;† and (3.) a statute passed in the 50th and 51st years, cap. 52, do hereby order and direct that there shall be erected and created in the county of Argyll, for Sheriff Court purposes, a district to be called the "Dunoon District"; and I further direct and ordain that the said district shall contain and be composed of the following parishes situated within the said county, videlicet:The parishes of Dunoon, Kilmun, Inverchoalin, Kilmodan, and * The Sheriff Courts (Scotland) Act, 1870. j Kilfinnan: And I hereby further direct and prescribe that the Sheriff of Argyllshire or the salaried sheriff substitute for the said district shali hold Courts every Dunoon. at Given under my hand and seal, at Whitehall, the 6th day of December 1894. (L.S.) (Signed) George Otto Trevelyan, Her Majesty's Secretary for Scotland. STATUTORY RULE. REGULATIONS, DATED AUGUST 9, 1894, MADE BY THE TREASURY WITH THE CONCURRENCE OF THE LORD CHANCELLOR AND THE SPEAKER OF THE HOUSE OF COMMONS IN PURSUANCE OF THE RULES PUBLICATION ACT, 1893.* 1894. No. 734. Whereas by the Rules Publication Act, 1893,* herein-after referred to as "the Act," regulations are authorised to be made by the Treasury, with the concurrence of the Lord Chancellor and the Speaker of the House of Commons, for such purposes in relation to Statutory Rules as are therein mentioned: Now, therefore, We, the Lords Commissioners of Her Majesty's Treasury, in pursuance of the said Act, and of all other powers in that behalf, do hereby, with the concurrence of the Lord Chancellor and of the Speaker of the House of Commons, make the following regulations : 1. Every exercise of a statutory power by a rule-making authority, which is of a legislative and not an executive character, shall be held to be a Statutory Rule within section three of the Act and these regulations. 2. An exercise of a statutory power which is confirmed only by a rule-making authority shall not be held to be a Statutory Rule within section three of the Act or these regulations. 3. Except as mentioned in Regulation 2, the volumes of Statutory Rules and Orders published by the Stationery Office in 1890, 1891, and 1892 shall form a practical guide for determining those exercises of statutory powers which should be treated as Statutory Rules within section three of the Act and these regulations. 4. A distinction shall be drawn between Statutory Rules which are general and those which are local and personal. 56 & 57 Vict. c. 66. |