sheriff not exceeding five pounds, and for the sheriff clerk not exceeding one pound ten shillings for each court, and paid out of the public revenue of Scotland as the charges of the sheriffs are in use to be paid.

XXX. AND be it enacted, that no decree given by any sheriff in any cause or prosecution decided under the authority of this Act shall be subject to reduction, advocation, suspension, or appeal, or any other form of review or stay of execution, other than provided by this Act, either on account of any omission or irregularity or informality in the citation or proceedings, or on the merits, or on any ground or reason whatever.

Sheriff's desubject to review, &c. except as hereby

crees not to be

provided.

decrees of

sheriff.

XXXI. AND be it enacted, that it shall be competent to any person con- Appeal from ceiving himself aggrieved by any decree given by any sheriff in any cause or prosecution raised under the authority of this Act to bring the case by appeal before the next circuit court of Justiciary, or, where there are no circuit courts, before the High Court of Justiciary at Edinburgh, in the manner, and by and under the rules, limitations, conditions, and restrictions contained in the beforerecited Act passed in the twentieth year of the reign of his Majesty King George the Second, for taking away and abolishing the heritable jurisdictions in Scotland, except in so far as altered by this Act: Provided always, that such appeal shall be competent only when founded on the ground of corruption or malice and oppression on the part of the sheriff, or on such deviations in point of form from the statutory enactments as the court shall think took place wilfully, or have prevented substantial justice from having been done, or on incompetency, including defect of jurisdiction of the sheriff; provided also, that such appeals shall be heard and determined in open court, and that it shall be competent to the court to correct such deviation in point of form, or to remit the cause to the sheriff with instructions or for re-hearing generally, and it shall not be competent to produce or found upon any document as evidence on the merits of the original cause, which was not produced to the sheriff when the case is heard, and to which his signature or initials have not been then affixed, which he is only to do if required, nor to found upon nor refer to the testimony of any witness not examined before the sheriff, and whose name is not written by him, when the case is heard, upon the record copy of the summons, which he is to do when specially required to that effect: Provided further, that no sist or stay of the process and decree and no certificate of appeal shall be issued by the sheriff clerk, except upon consignation of the whole sum, if any, decerned for by the decree and expences, if any, and security found for the whole expences which may be incurred and found due under the appeal.

taken.

XXXII. AND be it enacted, that the following and no other or higher fees Fees to be or dues of consignation shall be allowed to be taken for any matters done in any cause or prosecution raised under the authority of this Act:

Clerk's Fees in Causes under this Act.

Summons, including precept of arrestment, one shilling :

Each copy for service, sixpence :

Entering in procedure book, sixpence :

Renewed warrant to arrest on dependence, and entering in book, one shilling:
Certificate loosing arrestment, one shilling:

Bond of caution, one shilling and sixpence :

Table of fees to be printed and

riff clerk's

office and she

Second diligence for compelling witnesses or havers to attend, one shilling :
Decree, including extract, if demanded, one shilling:

Hearing after decree in absence, one shilling and sixpence :

Indorsation of decree or warrant, and entering in book, one shilling:

Receiving report of sequestration and appraisement, and entering in book, one
shilling:

Receiving report of sale under sequestration, and entering, one shilling:
Receiving report of poinding and sale, and entering, one shilling and sixpence.

Officer's Fees, including Assistants.

Citation of a party or intimation of counter claim, and execution of citation given personally, one shilling:

Ditto, ditto, if citation not given personally, sixpence :

Citation of a witness or haver, sixpence :

Charging on decree, and returning execution of charge, one shilling :

Arrestment, and returning execution thereof, sixpence :

Intimation of loosing arrestment, and execution thereof, sixpence :
Poinding or sequestration and inventory, two shillings and sixpence :
Sale and report, two shillings and sixpence :

Officers travelling expences, for each complete mile from the cross or tron or
other usual place of measurement in the town or place where the court is
held, where there is any such, or if there be none such, then from the court
house of such town or place to the place of execution or service, the distance
travelled in returning after execution of the duty not to be reckoned, six-
pence:

Assistants, each per mile, in the same manner, four-pence.

Crier's Fee.

For calling each cause, one penny, payable when summons is issued.

XXXIII. AND be it enacted, that an exact copy of the immediately prehung up in she- ceding section of this Act shall be printed on each summons or complaint, and on each service copy thereof, and shall also be at all times hung up in every riff court place. sheriff clerk's office and in every sheriff court place during the holding of any sheriff's small debt court; and any sheriff clerk from whose office any summons or service copy thereof shall be issued not having such copy of the said section printed thereon, or at any time omitting to have such copy hung up in his office or in the sheriff court place as aforesaid, or not causing the roll of causes each court day to be publicly exhibited, or not causing the number and names of the parties in such roll to be called in their order as aforesaid, except with leave of the sheriff upon cause shown in open court, shall be liable in a penalty not exceeding forty shillings, to be recovered at the instance of any person who shall prosecute for the same, and to be disposed of as the sheriff shall direct.

Penalty on

ing duty.

XXXIV. AND be it enacted, that in all or any of the cases above mentioned, officers neglect- where any decree or warrant shall have been indorsed as aforesaid, the sheriff's officer of the county where such decree or warrant has been originally issued, as well as of any county wherein the same is indorsed, are hereby authorized and required to obey and enforce such decree or warrant within such other

county; and any sheriff's officer failing to report any sequestration or poinding and sale as above directed, or violating or neglecting any other duty intrusted to him under this Act, or wilfully acting contrary to any provision thereof, shall be liable in a penalty.not exceeding forty shillings, to be recovered at the instance of any person aggrieved thereby, and to be disposed of as the sheriff shall direct, reserving always all further claim of damages otherwise competent against any such officer, and without prejudice to the sheriff's lawful authority to remove and punish all officers of his court for misbehaviour or malversation in office.

from sheriff's

XXXV. AND be it enacted, that no person whatsoever shall be exempt Privileged perfrom the jurisdiction of the sheriff in any cause or prosecution raised under sons not exempt the authority of this Act on account of privilege, as being a member of the jurisdiction. college of justice, or otherwise.

XXXVI: AND be it enacted, that in all causes and prosecutions wherein the debt, demand, or penalty shall not exceed the value of eight pounds six shillings and eightpence sterling, exclusive of expences and fees of extract, which shall in future be brought or carried on before any court not according to the summary form berein provided, it shall be lawful for the judge in such court notwithstanding to allow no other or higher fees or expences to be taken or paid than those above mentioned.

Judges may
limit fees in
exceeding
brought other-
81. 68. 8d.,
wise than under

causes not

this Act.

Act.

XXXVII. AND be it enacted, that in all cases in this Act or in the Meaning of schedules hereto annexed the word "sheriff" shall be held to include sheriff words in this depute and steward depute, and sheriff substitute and steward substitute; the words "sheriff substitute" to include steward substitute; the words "sheriff court" to include and apply to the court of the sheriff or steward or their substitutes; the words "sheriff clerk " to include steward clerk and depute sheriff clerk and depute steward clerk; the word "shire" or "county" to include stewartry; the word "sheriffdom" to include and be included in the words shire, county, or stewartry; the word "person" to extend to a partnership, body politic, corporate, or collegiate, as well as an individual; the word "landlord " to include any person having a right to exact rent, whether as owner, life-renter, heritable creditor in possession, principal tenant, or otherwise; 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; provided always, that those words and expressions occurring in this. clause, to which more than one meaning is 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.

upon the

WHEREAS it is humbly complained to me by C.D. [design him], that E.F. [design him], defender, is owing the complainer the sum of [here insert the origin of debt or ground of action, and whenever possible the date of the cause of action or last date in the account], which the said defender refuses or delays to pay; and therefore the said defender ought to be decerned and ordained to make payment to the complainer, with expences: Herefore it is my will, that on sight hereof ye lawfully summon the said defender to compear before me or my substitute in the court house at day of at of the clock, to answer at the complainer's instance in the said matter, with certification, in case of failure, of being held as confessed; requiring you also to deliver to the defender a copy of any account. pursued for, and that ye cite witnesses and havers for both parties to compear at the said place and date, to give evidence in the said matter; and in the meantime that ye arrest in security the goods, effects, debts, and sums of money belonging to the defender as accords of law. Given under the hand of the clerk of court at

the

day of

No. 2.

J.P. sheriff clerk.

CITATION for Defender.

E.F., 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

I duly summoned the above designed E.F.., defender, to appear and answer before the sheriff in the matter, and at the time and place, and under the certification above set forth. This I did by leaving a full copy of the above summons or complaint, with a citation thereto annexed*,

for the said defender [in his hands personally, or otherwise, as the case may be].

J.T. sheriff's officer.

* If there is an account mentioned in the complaint the officer must serve a copy of it along with a copy of the summons or complaint.

No. 4.

EXECUTION of Notice of counter Claim by Defender against Pursuer. UPON the I gave notice to C.D., pursuer,

day of

of the above counter account [or claim] intended to be pleaded against him by E.F., defender in the small debt action to which the said defender was summoned to appear before the sheriff at day of

at

upon the

of the clock. This I did by leaving a copy of the above account [or notice of claim, shortly explaining it,] for the said pursuer [in his hands personally, or otherwise, as the case may be]. J.T. sheriff officer.

No. 5.

CITATION for Witnesses.

M.N. [design him], you are hereby summoned to appear before the sheriff or his substitute, in the court house at

of the shire of upon the

at

day of

one thousand eight hundred and of the clock, to bear witness for the [pursuer or defender, as the case may be,] in the summons or complaint at the instance of C.D. [design him] against E.F. [design him], and that under the penalty of forty shillings if you fail to attend.

This notice served on the

day of

by me. J.T. sheriff officer.

No. 6.

UPON the

and

I duly summoned M.N., &c. [design them], to appear before

the sheriff of the shire of

hundred and

upon the

at

or his substitute, in the court house at

day of

one thousand eight of the clock, to bear witness for the in the summons or complaint at the instance of C.D. [design him] against E.F. [design him]. This I did by delivering a just copy of citation, signed by me, to the said M.N. [personally, or otherwise, as the case may be].

the sheriff of the shire of defender, liable to the pursuer in the sum of of expences, and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

days.

free

J.P. sheriff clerk.