Debtors (Scotland) Act 1838

21 Sheriff may recall or restrict arrestments, subject to review.U.K.

It shall be competent for any [F1sheriff principal] from whose books a warrant of arrestment has been issued, on the petition of the debtor or defender duly intimated to the creditor or pursuer, to recall or to restrict such arrestment, on caution or without caution, as to the [F1sheriff principal] shall appear just; provided that the [F1sheriff principal] shall allow answers to be given in to the said petition, and shall proceed with the further disposal of the cause in the same manner as in summary causes, and his judgment shall be subject to review in the Court of Session.

Textual Amendments

F1Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4