The Practice of the Sheriff Courts of Scotland in Civil CausesBell & Bradfute, 1875 - 812 pages |
From inside the book
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Page 87
... party . In the two former cases there are no special regula- tions as to notice of enrolment , but the Sheriff must take care not to put either party to disadvantage . When the cause is enrolled by one of the parties , the notice to be ...
... party . In the two former cases there are no special regula- tions as to notice of enrolment , but the Sheriff must take care not to put either party to disadvantage . When the cause is enrolled by one of the parties , the notice to be ...
Page 140
... party has the power , without the consent of the Court and of the opposite party , to add any new statement to the record . The power is simply to adjust the record of the statements that have already been made , and it should not ...
... party has the power , without the consent of the Court and of the opposite party , to add any new statement to the record . The power is simply to adjust the record of the statements that have already been made , and it should not ...
Page 141
... party introduces per- sonalities against his opponent or others , or grossly abuses the forms of process . 18. Closing Record . The last proceeding at the meeting is to " close the record , " a proceeding which the parties al- ways ...
... party introduces per- sonalities against his opponent or others , or grossly abuses the forms of process . 18. Closing Record . The last proceeding at the meeting is to " close the record , " a proceeding which the parties al- ways ...
Page 143
... party the Sheriff can order them to be produced or exhibited . Should the opposite party deny having them , or should they be in the hands of third parties , the mode of recovering them is by a " diligence , " under which the alleged ...
... party the Sheriff can order them to be produced or exhibited . Should the opposite party deny having them , or should they be in the hands of third parties , the mode of recovering them is by a " diligence , " under which the alleged ...
Page 144
... party shall be allowed or received . ( k ) — 3. What Documents must be Produced . The duty of a party to produce documents which are in his custody ( k ) It is a common practice in the interlocutor closing the record specially to ...
... party shall be allowed or received . ( k ) — 3. What Documents must be Produced . The duty of a party to produce documents which are in his custody ( k ) It is a common practice in the interlocutor closing the record specially to ...
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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...