Sheriff Courts (Scotland) Act 1876

1. Introductory Text

2. Preliminary

   1. 1. Short title

   2. 2. Commencement and application of Act

   3. 3. Interpretation of terms

3. I Sessions

   1. 4. Of the sessions

   2. 5. Court days in vacation

4. II Petition and Service

   1. 6. Form of petitions and defences

   2. 7. Petitions, &c. may be written or printed

   3. 8. Induciae of petitions and periods of charge

   4. 9. Sheriff's warrants, &c. may be executed edictally

   5. 10. Original petitions to remain in the hands of the clerk; certified copies may be borrowed

   6. 11. As to proving lost petitions

   7. 12. Of the service of writs

   8. 13. Amendment of petitions in undefended causes

5. III Decrees in absence

   1. 14. Decrees in absence

   2. 15. Certain decrees in absence to have effect as decrees in foro

6. IV Entering Appearance : Records

   1. 16. Procedure where defender enters appearance

   2. 17. Revisal of pleadings not to be allowed as matter of course

   3. 18. Procedure after pleadings completed, and adjustment of pleadings Clause

   4. 19. Prorogations of consent abolished

   5. 20. If parties fail to appear in defended action, sheriff to give judgment

   6. 21. Penalty on agent failing to return process borrowed

   7. 22. Production of documents

   8. 23. Procedure after record closed

   9. 24. Amendment of records in defended actions

7. V Special Actions Multiplepoindings; Processes of Cessio

   1. 25. Procedure in multiplepoindings

   2. 26. Cessio bonorum

8. VI Appeals

   1. 27. What appeals competent before final judgment

   2. 28. Note of appeal against judgment of the sheriff substitute

   3. 29. Effect of appeal

   4. 30. How reclaiming petitions, &c. shall be drawn

   5. 31. Power to regulate possession, &c. pending appeal

   6. 32. When judgment, &c. may be extracted if no appeal

   7. 33. Final judgments may be appealed within one month, if not sooner extracted or implemented

   8. 34. Correction of accidental errors in judgments

9. VII The Commissary Courts abolished

   1. 35. Commissary courts abolished, and powers transferred to sheriffs

   2. 36. Office of commissary clerk in certain cases abolished

   3. 37. Vacancies in office of commissary clerk not to be supplied

   4. 38. All commissary clerks, except in Edinburgh, to be abolished on vacancies occurring

   5. 39. Commissary clerks continuing in office to perform the' duties in the sheriff court

   6. 40. Provisions to have effect on the abolition of the office of commissary clerk

10. VIII Amendment of Law as to Confirmation of Executors

    1. 41. Note in confirmation by sheriff clerk or commissary clerk that deceased died domiciled in Scotland substituted for certified copy interlocutor by the sheriff commissary and to have like effect

    2. 42. Extension of the provisions of ss. 12. and 13. of 21 & 22 Vict c. 56

    3. 43. Confirmation of Scotch estate with note of trust funds in England or Ireland to be sealed in Probate Courts as if it contained English or Irish estate of the deceased

    4. 44. Schedule C. of 21 & 22 Vict. c. 56. hereby repealed, and new form of intimation, &c

    5. 45. A calendar of confirmations and inventories to be published annually

11. IX Miscellaneous Provisions

    1. 46. A person shall, in certain cases, be subject to the jurisdiction of the sheriff within whose territory he has a place of business, though domiciled in another county

    2. 47. Actions of forthcoming and multiple poinding to be competent before the sheriff to whose jurisdiction the arrestee or the holder of the fund is amenable

    3. 48. Repeal of section 15 of Act 16 & 17 Vict. c. 80

    4. 49. Actions falling asleep may be wakened of consent, and after certain procedure

    5. 50. Sheriff may sign judgment when furth of his county

    6. 51. Provision for the case of a sheriff being disabled or necessarily absent

    7. 52. Mode of disposing of summary applications where no procedure provided by statute

    8. 53. Additions to salaries of sheriffs of united counties to be paid oat of Consolidated Eund

    9. 54. Court to make acts of sederunt

12. SCHEDULES.

    1. SCHEDULE A

    2. SCHEDULE B