day on which it is received; and it shall be lawful for either the appellant or the respondent at any time after the expiry of eight days from the date of such note to enrol the appeal; and when the appeal is called in the roll it shall be competent for the court to order the whole inferior court record, and the interlocutors in causa, and note of appeal, and notes of the evidence and productions, if any, to be printed and boxed to the court; or the court may dispense with the printing and boxing of any portions of the same; and in case the record and other papers ordered to be printed shall not be printed and boxed by the appellant, or in case he shall not move in the appeal, it shall be lawful for the court, on a motion by any other party in the cause, either to dismiss the appeal with expenses, and to affirm the interlocutor of the inferior court, or to grant an order authorizing the party moving to print and box the record and other papers aforesaid, and to insist in the appeal as if it had been taken by himself. 72. [Proof and judgment upon appeals.]-The court may, if necessary, order proof or additional proof to be taken in any appeal under this Act, such proof to be taken in the same manner as proof may be competently taken in any cause depending before the Inner House, and shall thereafter, or without any such order (if no such proof or additional proof is necessary), give judgment on the merits of the cause according to the law truly applicable in the circumstances, although such law is not pleaded on the record; and the record may, with leave of the court, be amended at any time, on such conditions as to the court shall seem proper. 73. [Appeal under sect. 40 of 6 Geo. IV. c. 120.]—It shall be lawful, by note of appeal under this Act, to remove to the Court of Session all causes originating in the inferior courts in which the claim is in amount above forty pounds at the time and for the purpose and subject to the conditions specified in the fortieth section of the Act Sixth George the Fourth, chapter One hundred and twenty; and such causes may be remitted to the Outer House. 74. [Procedure in place of advocations ob contingentiam.]—In place of advocations of actions and proceedings in inferior courts ob contingentiam of a process in the Court of Session, it shall be lawful for the party desiring to remove any such action or proceeding to the Court of Session to lay before the Lord Ordinary, or the Division of the court before which such Court of Session process shall actually be at the time, a copy of the inferior court record or of such pleadings as may have been lodged, and of the interlocutors in the cause, certified by the clerk of the said inferior court, and to move for the transmission of the inferior court process to the Court of Session; and if upon consideration thereof the said Lord Ordinary or Division of the court shall be of opinion that there is contingency between the said processes, he or they shall grant warrant to the clerk of the inferior court process for the transmission thereof; and upon such transmission being made the said process shall thenceforth be proceeded with in all respects as if it had been advocated ob contingentiam to the Court of Session according to the present law and practice. 75. [Exclusion of review in such cases.]-The decision of the Lord Ordinary or of the court, as the case may be, upon any such motion for transmission, shall be final at that stage; but, in the event of the application being refused, it shall be competent for either party to renew the motion at any subsequent stage of the cause. 76. [Appeals substituted for advocations under special enactments.]— Where, by any statute now in force, special provision is made for removing any action or proceeding in any inferior court to the Court of Session by advocation, it shall be lawful to remove any such action or proceeding to the Court of Session by appeal under this Act at the same stage of the cause, for the same purpose, and with such and the like restrictions as are provided by such statute. 77. [Provisions for completing record in processes removed to the Court of Session by appeal.]—Where it is necessary in any action removed to the Court of Session by appeal under this Act that a record should be made up in the Court of Session, the record shall be made up under the direction of the Division of the Inner House in which the appeal is depending. 78. [Exclusion of Review by advocation under special enactments to imply exclusion of review by appeal.]—Where, by any statute now in force, the right of review by advocation to the Court of Session is excluded or restricted, such exclusion or restriction of review shall be deemed and taken to apply to review by appeal under this Act. 79. [Regulation of interim possession pending appeal to the Court of Session.]-In all cases where the judgment of any inferior court shall be brought under the review of the Court of Session by appeal, it shall be competent for the inferior court to regulate in the meantime, on the application of either party, all matters relating to interim possession, having due regard to the manner in which the interests of the parties may be affected by the final decision of the cause; and such interim order shall not be subject to review, except by the court at the hearing of such appeal, when the court shall have full power to give such orders and direction in respect to interim possession as justice may require. 80. [How far provisions of part VII. to apply to depending actions. The whole provisions of part VII. of this Act shall, so far as possible, apply to all advocations in dependence before the Inner House at the commencement of this Act, and to all advocations which may, after the commencement of this Act, come before the Inner House by report or reclaiming note from any Lord Ordinary: Provided always, that the advocations depending before the Outer House at the commencement of this Act shall be disposed of in the Outer House according to the present law and practice. ACT of SEDERUNT anent Probation and Appeals from Inferior Courts.-Edinburgh, 10th March 1870. (1) The appellant shall, during session, within fourteen days after the process has been received by the clerk of court, print and box the note of appeal, record, interlocutors, and proof, if any, unless, within eight days after the process has been received by the clerk he shall have obtained an interlocutor of the court dispensing with printing in whole or in part; in which case the appellant shall only print and box, as aforesaid, those papers, the printing whereof has not been dispensed with; and if printing has been in whole dispensed with, shall lodge with the clerk of court a manuscript copy of the note of appeal, furnishing another copy to the clerk of the Lord President of the Division: And if the appellant shall fail, within the said period of fourteen days, to print and box, or lodge and furnish the papers, required as aforesaid, he shall be held to have abandoned his appeal, and shall not be entitled to insist therein, except upon being reponed, as hereinafter provided. (2) The appellant shall, during vacation, within fourteen days after the process has been received by the clerk of court, deposit with the said clerk a print of the note of appeal, record, interlocutors, and proof, if any, unless, within eight days after the process has been received by the clerk he shall have obtained from the Lord Ordinary officiating on the Bills an interlocutor dispensing with printing in whole or in part, for which purpose the assistant-clerk shall, if required, lay the process before the Lord Ordinary on the Bills; and in such case the appellant shall deposit with the clerk, as aforesaid, a print of those papers, the printing whereof has not been dispensed with; and, if printing has been in whole dispensed with, shall lodge with the said clerk a manuscript copy of the note of appeal; and the appellant shall, upon the box-day or sederuntday next following the deposit of such print with the clerk, box copies of the same to the court; or, if printing has been in whole dispensed with, shall furnish to the clerk of the Lord President of the Division a manuscript copy of the note of appeal: And if the appellant shall fail, within the said period of fourteen days, to deposit with the clerk of court, as aforesaid, a print of the papers required, or to lodge with him a manuscript copy of the note of appeal, as the case may be, or to box or furnish the same as aforesaid, on the boxday or sederunt-day next thereafter, he shall be held to have abandoned his appeal, and shall not be entitled to insist therein, except upon being reponed, as hereinafter provided. (3) It shall be lawful for the appellant, within eight days after the appeal has been held to be abandoned as aforesaid, to move the court during session, or the Lord Ordinary officiating on the Bills during vacation, to repone him to the effect of entitling him to insist in the appeal; which motion shall not be granted by the court or the Lord Ordinary except upon cause shown, and upon such conditions as to printing, and payment of expenses to the respondent, or otherwise, as to the court or the Lord Ordinary shall seem just. (4) It shall be lawful for the respondent, within eight days after the appeal has been held to be abandoned as aforesaid, if during session, to print and box the note of appeal, record, interlocutors, and proof, if any; and if during vacation, to deposit a print thereof with the clerk of court, and thereafter to insist in the appeal, as if it had been taken by himself; in which case the appellant shall also be entitled to insist in the appeal. (5) On the expiry of the said period of eight days after the appeal has been held to be abandoned as aforesaid, if the appellant shall not have been reponed, and if the respondent does not insist in the appeal, the judgment or judgments complained of shall become final, and shall be treated in all respects as if no appeal had been taken against the same; and the clerk of court shall forthwith retransmit the process to the clerk of the inferior court: Provided always, that before retransmitting the process, the clerk of court or his assistant shall engross upon the interlocutor-sheet and sign a certificate in these or similar terms: -"[Date]-Retransmitted in respect of the abandonment of the appeal;" and, in respect of said certificate, the Sheriff, or other judge of the inferior court, shall, upon a motion being made before him to that effect, grant decree for payment to the respondent in the appeal of the sum of three pounds three shillings of expenses. PART VII. EVIDENCE ACTS. 3 & 4 Vict. c. 59.-An ACT for the Amendment of the Law of Evidence in Scotland.-7th August 1840. Whereas the law of evidence in Scotland has in certain respects been found inconvenient, and inconsistent with the ends of justice, and therefore requires amendment: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same: [Witnesses admissable notwithstanding relationship to party adducing them.]—That from and after the passing of this Act it shall by the law of Scotland be no objection to the admissibility of any witness that he or she is the father or mother, or son or daughter, or brother or sister, by consanguinity or affinity, or uncle or aunt, or nephew or neice, by consanguinity, of any party adducing such witness in any action, cause, prosecution, or other judicial proceeding, civil or criminal; nor shall it be competent to any witness to decline to be examined and give evidence on the ground of any such relationship. 2. [Examination in initialibus may be dispensed with.]—And be it enacted, That it shall not be necessary for any judge in Scotland, or for any person acting as commissioner in taking evidence in any action, cause, prosecution, or other judicial proceeding, civil or criminal, depending in Scotland, to examine any witness in initialibus : Provided always, that it shall nevertheless be competent for any such judge or person acting as commissioner, or the party against whom the witness shall be called, to examine any witness in initialibus as heretofore. 3. [Presence in Court not to disqualify witnesses in certain cases.]—And be it enacted, That in any trial before any judge of the Court of Session or Court of Justiciary, or before any Sheriff or Stewart in Scotland, it shall not be imperative on the court to reject any witness against whom it is objected that he or she has, without the permission of the court, and with |