objections to the accounts (if he has any) and the defender's replies to those objections. Where the record is closed before the accounts are lodged, it will in general be necessary to allow objections and answers to be stated to the account in a separate form. (d)

Section VI.-ACTION OF DELIVERY.

An action for delivery of any article, brought by a person entitled to its possession against one who has possession without a sufficient title, may, according to circumstances, be either an ordinary action commencing by summons, or a summary petition. If it contain no conclusions except for delivery of the article, and for expenses, it may be brought in the jurisdiction of the place where the article is, as well as in that of the defender's domicile. (e) When brought, it is conducted in common form.

Section VII.-PROCEEDINGS CONCERNING ECCLESIASTICAL
BUILDINGS AND GLEBES.

1. Ecclesiastical Buildings and 3. Conduct of Proceedings in Sheriff

Glebes Act, 1868.

Court.

2. How Proceedings removed from 4. Appeal to the Lord Ordinary. the Presbytery.

1. Ecclesiastical Buildings and Glebes Act, 1868.-By the Ecclesiastical Buildings and Glebes Act of 1868 certain (d) See ante, p. 230, art. 16.

See ante, Part I. Chap. IV.

proceedings which were formerly commenced and concluded in the Presbyteries of the Established Church of Scotland can now be removed from those tribunals to the Court of the Sheriff at any time that any of the interested parties becomes dissatisfied with their determination.

The proceedings in question are those relating to the building, rebuilding, repairing, adding to, or making other alterations on churches or manses, or to the designing or excambing of sites for those buildings, or of glebes, or of additions to glebes, or of sites for churchyards, or additions to churchyards, and proceedings relating to the suitable maintenance of all such subjects, specially including the building or repairing of churchyard walls. (g)

2. How Proceedings Removed from the Presbytery.— The proceedings are to be begun before the Presbytery in the manner hitherto in use, but upon any order, finding, judgment, interlocutor, or decree, being pronounced by the Presbytery, with which the minister of the parish, or any heritor, shall be dissatisfied, he may appeal the whole cause within twenty days from the date of the deliverence. (h)

The appeal is taken by presenting a summary petition to the Sheriff of the county in which the parish is situated, praying him to stay the proceedings before the Presbytery and to dispose of the same himself. If the parish is in more than one county, the petition may be presented to and disposed of by the Sheriff of either.(i)

The petition is to be intimated, within ten days of presentation, to the heritors and their clerk, to the minister of the parish, and to the Clerk of the Presbytery, by circular,

(g) 31 and 32 Vict. c. 96.

the Presbytery not thus appealed

(h) Act, § 3. All deliverances by from are final.

(i) Act, § 4.

in the manner provided for in the Statute. (k) This intimation is to be made by the petitioner's agent without any special order, but the Sheriff must satisfy himself that it has been duly made, and if he discover any defect he must cause it to be remedied. (1)

When the appeal is duly made and insisted in,(n) it has the effect of staying any further progress before the Presbytery, and the proceedings must be concluded before the Sheriff Court, or (under appeal from it) by the Lord Ordinary. On the appeal being intimated, the Presbytery clerk will have to transmit to the Sheriff-Clerk the previous proceedings, in the same way as any other Court would have to do on an appeal being taken from it. Of the references to the proceedings contained in minute books or other books belonging to the Presbytery the appellent will have to produce certified copies.

3. Conduct of Proceedings in Sheriff Court.-The Sheriff's first duty in the petition is to inquire into the circumstances, and hear the parties or their agents. This he is to do without written pleadings, unless he sees fit specially to order them. He is to take a note of the proceedings, and of any evidence which may be laid before him, and then he is to dispose of the petition as shall be just. (o) In addition to the general regulations, of which the substance has here been given, the Act contains special regulations as to how the inquiry is to be made in each of the several kinds of proceedings with which the Act deals, but these it would be needless

to repeat here. The Sheriff may dispose of all questions of expenses.(p)

4. Appeal to the Lord Ordinary.-All deliverances by the Sheriff are final and conclusive, and not subject to review, unless an appeal shall be taken to the Lord Ordinary. This appeal may either be written on the end or margin of the deliverance, or be contained in a separate note, duly signed by the appellant or his agent, and dated. (q) It must be taken within twenty days of the date of the deliverance(r); and within two days of the appeal being taken the Sheriff-Clerk must give notice to the respondent. (s) The effect of an appeal is to transfer the whole cause to the Lord Ordinary, and to give him the full powers which the Sheriff could have exercised, in so far as those are not limited by deliverances which have become final. Counter appeals are unnecessary, and any party interested may insist in an appeal if the original appellant withdraw. (t)

Section VIII.-PROCEEDINGS WITH REFERENCE TO ENTAILED ESTATES.

1. What Proceedings competent.
2. Constituting Improvements.
3. Erecting Mansion-Houses.
4. Exchange of Entailed Lands.
5. Feuing Entailed Estates.

7. What Lands may be Feued, &c. 8. How Authority to Feu, &c., obtained.

9. Appeal from Sheriff's Decree.

10. Charters, &c., to be recorded.

6. Conditions on which Feuing, &c., 11. Feuing Sites of Churches, Schools,

1. What Proceedings competent.-Several proceedings with reference to entailed properties are competent in the

(p) Act, § 15.

(9) Act, § 16.

(r) Act, § 17. During this time

extract is incompetent.
(8) Act, § 19.

(t) Act, 2 18 and 20.

Sheriff Court. Under the Montgomery Act(u) proceedings for constituting the costs of improvements as charges against the estate, and for exchanging limited quantities of land with neighbouring proprietors, are competent before the Sheriff; and in the Entail Amendment Act of 1868, (v) provisions of a very important kind are contained, giving power, with the Sheriff's authority, to feu, grant leases, or dispone on payment of a ground annual.

2. Constituting Improvements.-The Montgomery Act provides that the proprietor of an entailed estate who lays out money (not exceeding four years' free rent as the estate. shall stand at the date of his death) in inclosing, planting, or draining, or in erecting farm-houses or offices, (x) for the improvement of the estate, is a creditor of the succeeding heirs for three-fourths of the sum laid out. The proprietor beginning to improve must give three months' notice to the next heir, specifying the improvement intended, and must lodge a copy of this notice with the Sheriff-Clerk of the county where the lands are. During the progress of the works he must annually lodge with the Sheriff-Clerk an account of the money expended, together with the relative vouchers. On the completion of the improvements the proprietor may bring a process before the Sheriff to ascertain the amount of the sums so expended. This action is brought before the Sheriff of the county in which the improved lands lie, and is directed against the next heir of entail. The

(u) 10 Geo. III. c. 51 (1770). The Act is not applicable to entails granted after 1st August 1848, unless specially declared to be so; 16 and 17 Vict. c. 94.

(v) 31 and 32 Vict. c. 84.

(x) Cottages for labourers and others (23 and 24 Vict. c. 95, and 31 and 32 Vict. c. 84, 12), and private roads (11 and 12 Vict. c. 36, 20), are now included.