diction; and he has the sole jurisdiction in general services when the ancestor had no domicile in Scotland at the time of his death, or when his domicile was unknown or doubtful; and in the case of all applications relating to lands situated in more counties than one. (s)

2. Form of Petition.-The form of the petition is prescribed by the statute. In the case of a general service, it sets forth when and where the ancestor died, and where he was domiciled at the time of his death. Then it states the relationship of the petitioner, and the character in which he desires to be served. If it be under a deed of provision, the deed must be specified by its date and the name of the grantor, or be otherwise described so as clearly to identify it. If it be a deed of entail, it may be referred to as already recorded in the Register of Tailzies, and only the destination, or such part thereof as may be deemed necessary, quoted.

In petitions for special service the domicile of the ancestor need not be set forth, but the lands in question must be, and that either by their full description or by some leading name, coupled with a reference to some prior deed recorded in the Register of Sasines, where the full description will be found. The title of the ancestor must be set forth; and when it is an entail, the conditions must either be entered at full length, or referred to. The relationship or character the petitioner bears is then set forth in the same way as in a petition for general service.

If a general service is desired, in the same character as that in which the special service is asked, it may be craved.

(8) 31 and 32 Vict. c. 101, ?? 28 and 34. The provision that Sheriff Court agents may practise before

the Sheriff of Chancery (? 53) is now superfluous.

in the same petition as that for special service.

Where a general service is to be limited by a specification, that must be specially mentioned, and the specification duly given.

Where proprietors, one or more, having only a personal title, have intervened between the petitioner and the person last infeft, the application is made in the form of petition for a special service. The form for it is provided in the Conveyancing and Land Transfer Act of 1874.(t)

The petition is signed by the petitioner, or by his mandatory specially authorised. (u)

3. Publication of the Petition.-The petition is published at the Court-house, and at the office for Edictal Citations in Edinburgh. The publication at the Court-house is given by affixing a short abstract of the petition on the doors, or on some conspicuous place in the Court, or in the office of the Sheriff-Clerk, as the Sheriff may direct. The edictal publication is secured by leaving a short abstract of the petition at the office of Edictal Citations at the General Register Office, Edinburgh. (v) For all practical purposes, publication in these ways can have no value.

Caveats may be lodged with the Sheriff-Clerk by any person desirous of getting special notice; and then the clerk must post a notice of the presentation of a petition, to the address given, within twenty-four hours.(x)

4. Proceedings. No evidence can be taken, or decree pronounced, in the petition till after the elapse of fifteen (y)

(t) 37 and 38 Vict. c. 94, § 10, printed in Appendix, Part II. Chap. VII.

(u) Act 31 and 32 Vict. c. 101, § 29.

(v) Act, § 30.

(x) Act, § 31.

(y) Act, § 33. Twenty days in the case of Orkney and Shetland being concerned.

days from the date of the latest publication. After that, evidence may be led before the Sheriff himself, or before a provost or bailie of any city, or royal or parliamentary burgh, or before any justice of peace, or before any notary-public, or before any commissioner whom the Sheriff may name.(z) The evidence is taken down in the same way as under proof on commission, and a complete inventory of all documents produced must be certified by the Sheriff or the person before whom the evidence was led. On considering the evidence, the Sheriff pronounces decree serving the petitioner, or dismissing the petition in whole or in part, as may be just.

5. Competing Petitions.—Where any person conceives himself to have a preferable right to be served, he may present a competing petition to the Sheriff; and at any time. before pronouncing decree in the first petition, the Sheriff may sist it or conjoin it with the second. He may then allow each of the parties, not only a proof in chief, but a conjunct probation in reference to the claim of the other. (a)

6. Opposing Petition.-No person can oppose a petition. unless he has a competing claim to be served. It does not seem essential that an opponent should lodge a notice of appearance, but he must present his objections in writing. The Sheriff is then directed to dispose of them in a summary manner after hearing (if he finds it necessary) parties orally thereon. This direction allows of no other record except the petition and the objections. (b)

(2) Act, § 33. The power to justices and notaries to take evidence is new.

(a) Act, § 35.

(b) Act, 2 40. This clause plainly applies to cases where the death of the ancestor is admitted and the only question is as to the service. Where

7. Appeal to Court of Session.-Where the Sheriff pronounces a decree refusing to serve, or dismissing a petition, or repelling the objection of an opponent, the decree may be brought under review by a note of appeal. This must be presented within fifteen days from the judgment. (c) It must be intimated to an opponent or a competitor. The Court of Session deal with such appeals, as far as may be, as with appeals in ordinary actions, allowing additional evidence to be taken, or sending the case to a jury, as they may find right. (d) If the Court of Session determine to serve, they remit to the Sheriff to carry out their judgment. (e)

8. Recording and Extract.—The petition, decree, proof, and inventories of documents, are transmitted by the SheriffClerk to the office of the Director of Chancery, in Edinburgh, on the application of the petitioner, and the extracts are prepared in Chancery, and thereafter returned to the SheriffClerk to be given to the party or his agent. Separate extracts may be had, if required, where the petition related to separate parcels of land.(ƒ)

A copy of the printed index of all the services in Scotland is directed by the Act of 1874 to be kept for public inspection in every Sheriff-Clerk's office.(g)

9. Reduction of Service.-After a service has been carried through, a reduction of it may be brought at any time

the death is not admitted, there is nothing to prevent any party interested from appearing.

(c) Act, § 42. Twenty days are allowed in the case of Orkney and Shetland.

(d) Act, §§ 41, 42, 44, and 45. When a record is required, it is made up in the Inner House; Act, § 77. (e) Act, as quoted. (f) Act, § 36.

(g) 37 and 38 Vict. c. 94, 58.

within twenty years (h) by any party having a competing title.(i) In such a reduction the onus of proof lies with the pursuer, but he does enough if he shows that the evidence on which the service proceeded was insufficient; and should he do that, the defender may lead farther evidence.(k) The case may be tried by jury, or in any way in which civil causes may competently be tried.

Section XXV.-SEQUESTRATIONS FOR RENT.

1. Nature of Remedy.

2. Sequestration in Payment.

3. Form of Application.

4. Inventory of Effects.

5. Proceedings if Petition Opposed. 6. Sale of Sequestrated Effects.

7. Reporting Sale.

8. Sequestration in Security. 9. Register of Sequestrations. 10. Caveat or Interdict against Sequestration.

11. Breach of Sequestration.

1. Nature of Remedy.-A sequestration for rent is the means by which a landlord makes the effects secured to him by his right of hypothec available in payment of his rent; and it is of two kinds. Sequestration in payment is used when the term of payment has passed with the rent unpaid, and sequestration in security is used when the term of payment has not come. Frequently the same petition asks sequestration in payment of a past due rent, and in security of a rent about to become due.

Practitioners must keep in view that, subject to the modifications hereinafter explained, sequestrations for rent are on the same footing as ordinary processes, and, in particular, that they are liable to the statutory dismissal if proceedings are not taken for three months.(1)

(h) 1617, c. 13.

(i) Act, ? 43.

(k) Alexander v. Officers of State,

30 March 1868, 6 Macph. (H. L) 54.

(1) Ante, p. 265, art. 3.