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CHAPTER V.

OF SPECIAL PROVISIONS FOR REVIEW.

1. Debts Recovery Court.

2. Process of cessio bonorum.

3. Other Special Provisions for Review.

1. Debts Recovery Court.-In the Debts Recovery Court special provisions are made for regulating appeals. It affords the only instance in which it is necessary to appeal from Sheriff-Substitute to principal Sheriff before going to the Court of Session. (a) Where the cause exceeds the value of £25 sterling, either party may appeal from the principal Sheriff's judgment to either of the Divisions of the Court of Session. The appeal must be taken within eight days, or in cases from Orkney and Shetland, within sixteen days, and is taken by ingrossing on the interlocutor sheet a note of appeal signed by the appellant or his agent. The SheriffClerk must forthwith transmit the process to one of the principal clerks of the Division. After this has been done, the appellant must (within ten days if the Court is sitting, or on the third day of its next session) enrol the cause by written note. Should he fail to enrol, the cause is retransmitted to the Sheriff Court. (b) Should he enrol, he must intimate the enrolment by letter to the respondent or his

(a) 30 and 31 Vict. c. 96, ?? 11 and 13.

(b) Baird v. Field, 4 June 1869,

7 Macph. 862.

agent; and on the cause being called, the Court give such orders as to printing papers as they think fit; and then the case is sent to the Summary Debate Roll. When the case is heard, the Court of Session has power to order the evidence to be taken anew, or additional evidence to be taken by the Sheriff, with such directions as shall seem right. If they do not think this necessary, they may affirm, or alter, or pronounce such other judgment as shall seem just. They may either remit to the Sheriff to decern anew—so that the decree may be extracted from the Sheriff Court,—or pronounce a decree extractable in the Supreme Court. (c)

2. Process of Cessio Bonorum.-In the process of cessio bonorum the appeal is by a reclaiming note lodged with one of the clerks of either Division of the Court of Session. The note embodies the judgment or judgments complained of, and must be presented within ten days from the date of the last of those judgments. (d) A copy of the note must, within the same period, be delivered to the respondent or his agent. (e) On production to him of a copy of the note, certified by a clerk of the Court of Session, the Sheriff-Clerk must transmit the process. The reclaiming note is not competent except against an interlocutor granting or refusing cessio, either conditionally or unconditionally. (ƒ)

When the Court of Session is not sitting, the reclaiming note must be brought before the Lord Ordinary on the Bills, who must forthwith dispose of it. The Lord Ordinary's

(c) 30 and 31 Vict. c. 96, 22 12, March 1864, 2 Macph. 889. 13, and 14.

(d) Twenty days in the case of Orkney.

(e) M'Kinney v. Van Heck, 19

(f) 6 and 7 Will. IV. c. 56, 2 8, and see Galbraith v. Ritchie, 6 Dec. 1856, 19 D. 136.

judgment is subject to review of the Inner House. If he has not finished the disposal of the case when the Court meets, they take the case up at the stage to which he has brought it.(g)

3. Other Special Provisions for Review.-The modes of appealing against decisions pronounced in applications for the Service of Heirs, (h) and under the Ecclesiastical Buildings and Glebes Act, (i) and under the Entail Amendment Act, (k) have been noticed in connection with the subjects themselves.

(g) 6 and 7 Will. IV. c. 56, 2 10. (h) Supra, p. 430, art. 7 and 9.

(i) Supra, p. 370, art. 4.
(k) Supra, p. 376, art. 9.

APPENDIX.

ACTS OF PARLIAMENT AND SEDERUNT.

PART I.

ORDINARY COURT-GENERAL ACTS.

11 Geo IV., and 1 Will. IV., c. 69.—An ACT for uniting the benefits of Jury Trial in Civil Causes with the ordinary jurisdiction of the Court of Session, and for making certain other alterations and reductions in the Judicial Establishments of Scotland.-23d July 1830.

21. [Transference of Admiralty Jurisdiction.]—And whereas all maritime causes may now be brought by review before the Court of Session, and many causes formerly heard and determined by the High Court of Admiralty are now remitted to the Jury Court: And whereas the Court of Justiciary holds a cumulative jurisdiction with the High Court of Admiralty as to all crimes competent to be tried by the High Court o Admiralty: And whereas it has become unnecessary and inexpedient to maintain any separate court for maritime or admiralty causes; be it therefore enacted that the High Court of Admiralty be abolished, and that hereafter the Court of Session shall hold and exercise original jurisdiction in all maritime civil causes and proceedings of the same nature and extent in all respects as that held and exercised in regard to such causes by the

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