The Practice of the Sheriff Courts of Scotland in Civil CausesBell & Bradfute, 1875 - 812 pages |
From inside the book
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Page 48
... Conclusion Incidental Treat- ment of Incompetent Matters . 1. Introductory . - The simplest description of the extent of the jurisdiction of the Sheriff Courts is to say that it ex- tends over every kind of right , with only two ...
... Conclusion Incidental Treat- ment of Incompetent Matters . 1. Introductory . - The simplest description of the extent of the jurisdiction of the Sheriff Courts is to say that it ex- tends over every kind of right , with only two ...
Page 56
... Conclusion - Incidental Treatment of Incompetent Matters . It is needless here to go over the different in- stances in which the Sheriff exercises special powers , as these , where of any importance , and where it will be of any service ...
... Conclusion - Incidental Treatment of Incompetent Matters . It is needless here to go over the different in- stances in which the Sheriff exercises special powers , as these , where of any importance , and where it will be of any service ...
Page 57
... conclusion into effect . The exclusion of these actions seems to rest on usage . 2. Declarators Incompetent . - Actions of declarator are therefore incompetent in the Sheriff Court whatever may be the subject matter with which they deal ...
... conclusion into effect . The exclusion of these actions seems to rest on usage . 2. Declarators Incompetent . - Actions of declarator are therefore incompetent in the Sheriff Court whatever may be the subject matter with which they deal ...
Page 58
... conclusions being taken as merely introduc- tory to the proper petitory conclusions . Thus , it is compe- tent in an action of removing to insert a declaratory conclusion that the irritancy on which the removing is to follow has ...
... conclusions being taken as merely introduc- tory to the proper petitory conclusions . Thus , it is compe- tent in an action of removing to insert a declaratory conclusion that the irritancy on which the removing is to follow has ...
Page 59
... conclusion as introductory to a petitory conclusion in the way in which he might have entertained a declaratory conclusion . Where , however , the Sheriff is satisfied that the deed is fraudulent , he is not . bound to enforce it . ( h ) ...
... conclusion as introductory to a petitory conclusion in the way in which he might have entertained a declaratory conclusion . Where , however , the Sheriff is satisfied that the deed is fraudulent , he is not . bound to enforce it . ( h ) ...
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Common terms and phrases
17 Vict Act of Sederunt agent aliment allowed amendment appeal apply appointed arrestment burgh cause cessio cessio bonorum citation cited claim clerk competent condescendence consent consignation Court of Session creditors debtor decerned decree in absence defender defender's diligence dispose effect enacted evidence examination execution expenses extract find caution granted grounds of action held heritable imprisonment incompetent interim interlocutor issued judge judgment July June jurisdiction letters of horning liable lodged Lord Ordinary Macph Majesty's Treasury mandatory March matter ment messenger-at-arms minute mode necessary North British Railway oath objection payment person petitioner pleadings pleas poinding poor's proceed proceedings procurators pronounced proof prorogated pursuer question reference refused regulations remit reponed schedule Scotland sequestration Sheriff Court sheriff-clerk Sheriff-Substitute sheriffdom sisted Small Debt Court specified statute summons supra Tailzies taken thereof tion warrant witness
Popular passages
Page 539 - ... shall extend to a body politic, corporate or collegiate, as well as an individual; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as several persons or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male...
Page 631 - An Act for the Amendment and better Administration of the Laws relating to the Relief of the Poor in Scotland...
Page 731 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other presiding officer, or person qualified to take affidavits or depositions...
Page 625 - Summary Jurisdiction Acts" means as follows : As to England, the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders...
Page 728 - By f 2, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive and examine evidence...
Page 626 - As respects any city, town, liberty, borough, place, or district for which a stipendiary magistrate is for the time being acting, such stipendiary magistrate sitting at a police court or other place appointed in that behalf ; and (4.) Elsewhere, any justice or justices of the peace...
Page 641 - Specification shall be in the Form, or as nearly as may be in the Form...
Page 689 - Secretary's final determinations under section 205; except that the determination of the Secretary after such hearing as to any fact shall be final and conclusive and not subject to review by any court.
Page 704 - Parliament granting or relating to stamp-duties on probates and letters of administration in England and Ireland respectively; and the affidavit required by law to be made on applying for probate or letters of administration in England or Ireland as to the value of the estate and effects of the deceased ; and also where the commissary shall in manner aforesaid find that the deceased was domiciled in Scotland, the inventory required...
Page 732 - The parties to any proceeding instituted in consequence of adultery, and the husbands and wives of such parties, shall be competent to give evidence in such proceeding...