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Act of Sederunt (Chancery Procedure Rules) 2006

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4.—(1) Subject to rule 5 (evidence), the application or petition shall not be proceed until the expiry of 21 days from the date of publication.

(2) Publication of the application or petition shall be by display of a copy of the petition on the walls of court.

(3) Publication of the application or petition shall be made–

(a)in the case of an application for declarator under section 26A of the 1868 Act to which paragraph (a)(i) of that section applies (deceased domiciled in Scotland)–

(i)in the sheriff court of the sheriff court district in which the deceased died domiciled; or

(ii)where the deceased died domiciled in Scotland but had at the time of death no fixed or known domicile in any sheriff court district, in the sheriff court at Edinburgh;

(b)in the case of an application for declarator under section 26B of the 1868 Act to which paragraph (c)(i) of that section (trust governed by the law of Scotland) applies, in the sheriff court at Edinburgh; or

(c)in the case of any other application or petition, in the sheriff court of each sheriff court district in which the lands which are the subject of the application or petition are situated.

(4) On publication, the sheriff clerk shall send to the sheriff clerk of Chancery a certificate in Form 12.

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