Sheriff Courts (Scotland) Act 1913

Section 3.

FIRST SCHEDULE U.K. [SECTION 3]

Modifications etc. (not altering text)

C1 The text of Schs. 1 and 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Session and Chapter.	Short Title.	Extent of Amendment.
7 Edw. 7. c. 51.	The Sheriff Courts (Scotland) Act, 1907.	Section three, after the word “action” occurring in subhead (d), insert the words “or cause” ; omit sub-head (i), and in lieu thereof insert “Summary cause includes actions (other than actions brought and conducted in the small debt court and claims under the Workmen’s Compensation Act) for payment of money not exceeding fifty pounds in amount, exclusive of interest and expenses, and all actions in which either the parties admit that the value of the action, exclusive of interest and expenses, does not exceed fifty pounds or which they consent at any stage shall be tried summarily” and at the end of the section insert— “(q) Employee includes the legal personal representative of an employee, and any person who, by the law of Scotland, may be entitled to solatium in respect of the death of an employee.”
		Section five, omit subsection (2), and in lieu thereof, insert— “(2) Actions of aliment, provided that as between husband and wife they are actions of separation and aliment, adherence and aliment, or interim aliment, and actions for regulating the custody of children.”
		In the same section and in the last proviso thereof, omit the words from “action” to the end of the section, and in lieu thereof insert “mentioned in the second subsection of this section.”
		Section six (a), after the word “defenders” insert the words “over each of whom a sheriff court has jurisdiction in terms of this Act”; omit the words “immediately prior to the raising of the action”; omit the words “and whose present residence in Scotland is unknown,” and insert “and has no known residence in Scotland.”
		Section six (b), omit “sheriffdom,” and insert “jurisdiction.”
		Section seven, omit the first proviso and the word “also.”
		Section eight, after the word “party,” insert “made before the examination of witnesses is begun” ; omit the last sentence.
		. . . F1
		Section twenty-seven after “(E)” insert “refusing a reponing note; or (F),” and at the end of the section insert the words, “It shall be competent for hte sheriff when the action is before him on appeal on any point, to open the recordex proprio motu, if the record shall appear to him not to have been properly made up, or to allow further proof.”
		Section thirty, after “1880,” where first occurring, insert “or at common law.”
		Section thirty-one, after “1880,” insert “or at common law.”
		In the same section omit the words “under head (1),” and also the words “under the other heads before mentioned.”
		Section forty, omit the first proviso and the word “also.”

Textual Amendments

F1 Provisions amending section twenty-one of the Sheriff Courts (Scotland) Act 1907 repealed by Representation of the People Act 1949 (c. 68), s. 175, Sch. 9