installed in his office. The curator thus appointed acts both in lawsuits and in ordinary business. Where there are no such curators the Court may appoint a curator ad litem to act in any particular action which is depending.

4. Tutorial Inventories.-Although tutors cannot be appointed, they may give up the tutorial inventories in the Sheriff Court in a manner similar to that used by curators. When the inventories are prepared and signed by the nearest of kin on each side, they are presented (along with a petition) to the Sheriff for authority to record. Where the next of kin have refused to concur, the petition is served on them, and calls on them to see the Sheriff name delegates to sign for them; and, unless cause is shown to the contrary, the Sheriff exercises that power.

443

PART IV.

SMALL DEBT & DEBTS RECOVERY COURTS.

1. Jurisdiction.

CHAPTER I.

SMALL DEBT COURT.

2. Nature of Proceedings. 3. Small Debt Circuits.

4. Agents in Small Debt Courts.

5. What Actions Competent. 6: Petitory Actions.

7. Summons.

8. Citation.

9. Arrestment in Security.

10. Decree in Absence of Defender,

and Reponing.

13. Remitting to Ordinary Court. 14. Counter Claims.

15. Hearing and Evidence.

16. Judgment and Decree.
17. Extract.

18. Execution.

19. At whose Instance.

20. Execution beyond County.

21. Poinding and Sale.

22. Imprisonment.

23. Arrestment in Execution.

11. Absolvitor in Absence of Pursuer, 24. Furthcoming.

and Re-hearing.

25. Multiplepoinding.

12. Remits from the Ordinary Court. 26. Sequestration.

1. Jurisdiction.-The Small Debt Court is for the summary disposal of causes for the payment or distribution of sums of money not exceeding the amount of £12. In the original Small Debt Act of 1825 the limit was £5, which was extended by a new Act, in 1829, to £100 Scots. This

When the Act of 1837

Act repealed that of 1825. (a) (which is the present Small Debt Act) was passed, the Act of 1829 was repealed, and various improvements made in the forms, but the jurisdiction remained at £8, 6s. 8d. (b) In 1853 it was extended to £12.(c) From some expressions in the Act of 1837 it probably was intended that the jurisdiction should also apply to disputes about things other than money, of less than the value in question, but the intention. has not been carried out. In the Small Debt jurisdiction the Sheriff is not exercising a statutory jurisdiction where his whole powers are contained in the statute, but he is exercising the full powers of his ordinary jurisdiction with certain additional facilities conferred by the statute. (d) It is important to bear this in mind when cases occur for which the statute has not specially provided.

2. Nature of Proceedings.-The proceedings are of a summary kind. There are no written pleadings except the summons; the evidence is not reduced to writing, and the orders of Court are not written at length in interlocutor sheets, as in ordinary causes, but are shortly minuted in a book signed each court-day by the Sheriff. A form of this book is provided by the statute, and it is the only record retained in the court. (e)

Certain court-days are usually appointed for calling the Small Debt roll, but these are for convenience only, and a case may be adjourned to any other day. (g) The Table of Fees must be printed and hung up in the court room.

(a) 10 Geo. IV. c. 55.

(b) 1 Vict c. 41.

(c) 16 and 17 Vict. c. 80, § 28. (d) See Scott v. Letham, 22 May 1846, 6 Bell's Ap. Ca. 126 (quoted

infra); and Fraser v. Mackintosh, 19 Dec. 1867, 6 Macph. 170.

(e) 1 Vict. c. 41, ? 117.

(g) Weatherstone v. Gourlay, 13 April 1860, 3 Irvine, 589.

3. Small Debt Circuits.-For the Small Debt Courts the counties or Sheriff Court districts are sub-divided into smaller districts, and Circuit Courts are held in each at different periods in the year. These divisions are made for convenience sake. It was at one time thought that it was imperative on the pursuer to bring his action in the district in which the defender was domiciled, unless where he got leave from the Sheriff, on special cause shown, to bring it in another district. But this reading seems incorrect, and has been decided to be so.(h) The clause of the statute governing the matter is somewhat obscure, but the pursuer has his choice to bring the action either in the principal court or at the circuit court in which the defender resides. If there be different defenders residing in different circuits the case must be brought in the principal court.

The Sheriff may at any time remove causes from any one court to any other, or, on special cause shown, allow the summons to be issued in a different court from that to which it would naturally fall. This special cause may be shown either in writing lodged with the Sheriff-Clerk or on verbal application in open court, and it is enough to show that the course proposed will be expedient for the ends of justice.(¿)

4. Agents in Small Debt Courts.-Agents are not allowed to appear in the Small Debt Court except with the special leave of the Sheriff, to be obtained on cause shown, and recorded in the Book of Causes. The parties must appear in all ordinary cases by themselves, or by a member of their family, or by such other person (not being an officer

(h) M'Gregor v. Stewart, 23 Sept. 1868 (Aberdeen Circuit), 1 Couper,

J. C. 92.

(i) 1 Vict. c. 41, ? 23.

of court,) as the Sheriff may allow.(k) When agents do appear, there is no provision for making their remuneration a charge in the cause. The statute appears to have intended that a party desiring the assistance of an agent, and showing cause for obtaining it, should, nevertheless, have it at his own cost only, for it is anxiously provided that no other fees are to be taken or allowed except certain specified fees. Another view, however, is taken in some courts, and it is understood that small fees, fixed at the discretion of the Sheriff, are allowed. When cases are remitted from the Ordinary to the Small Debt Court, it is usual to allow the expenses of agents.

5. What Actions Competent.-There are four actions competent in the Sheriff Court, viz., the Ordinary or Petitory Action, the Action of Furthcoming, Multiplepoinding, and Sequestration for Rent. The special proceedings under the Employers and Workman Act, 1875, have been noticed.()

6. Petitory Actions.-The petitory action may conclude for payment of a sum of money, due on any kind of claim, competent in the Ordinary Court, not exceeding the value of £12. It may also conclude for payment of penalties due for statutory offences ;(n) and there is a provision that claims for compensation for injury by riot may be settled under it.(0) It is the value of the claim at the date of bringing the action which is the standard. If it be over £12 it may be restricted to that amount, the pursuer being held to have

(k) 1 Vict. c. 41, ?? 14 and 15.

(1) Supra, Part III. Chap. II. section XVII.

(n) Small Debt Act, § 2; Act of 1853,

26.

(0) Small Debt Act, § 22.