The Practice of the Sheriff Courts of Scotland in Civil CausesBell & Bradfute, 1875 - 812 pages |
From inside the book
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Page 63
... defender must not be confounded with domicile . The residence meant is the actual residence which the person has for the time being , whether it be temporary or whether it be permanent . To prevent too much uncertainty as to whether ...
... defender must not be confounded with domicile . The residence meant is the actual residence which the person has for the time being , whether it be temporary or whether it be permanent . To prevent too much uncertainty as to whether ...
Page 73
... defender could have taken , on the ground of his not being amenable to the jurisdiction , may be waived . In this way a foreigner , or a person resident in another county , may " prorogate " the jurisdiction of a Sheriff Court . This ...
... defender could have taken , on the ground of his not being amenable to the jurisdiction , may be waived . In this way a foreigner , or a person resident in another county , may " prorogate " the jurisdiction of a Sheriff Court . This ...
Page 74
... defender to the jurisdiction in all relative pro- ceedings . It has been said that this jurisdiction is founded on implied consent , and it has been therefore called a kind of prorogated jurisdiction ; but it is better at once to say ...
... defender to the jurisdiction in all relative pro- ceedings . It has been said that this jurisdiction is founded on implied consent , and it has been therefore called a kind of prorogated jurisdiction ; but it is better at once to say ...
Page 77
... defender . The Act 1681 , c . 13 , besides extending the pre- ceding Act to all courts , extended the degrees forbidden by it to those of affinity , and added as degrees which were to exclude those of uncle and nephew by consanguinity ...
... defender . The Act 1681 , c . 13 , besides extending the pre- ceding Act to all courts , extended the degrees forbidden by it to those of affinity , and added as degrees which were to exclude those of uncle and nephew by consanguinity ...
Page 89
... defender enters appearance to defend the action . The fourth section will consider what the pur- suer may do if the defender fail to enter appearance when first called on , and what subsequent opportunity the defender has for supplying ...
... defender enters appearance to defend the action . The fourth section will consider what the pur- suer may do if the defender fail to enter appearance when first called on , and what subsequent opportunity the defender has for supplying ...
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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...