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Court of Session Act 1868

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24Certain Decrees in Absence to have Effect as Decrees in foro.

Where a Decree upon which a Charge is competent shall have been pronounced in Absence of a Defender after personal Service of the Summons on such Defender, or after the entering of Appearance for such Defender with his Authority, and such Decree shall not have been recalled in virtue of the Provision to that Effect herein-before contained, such Decree after Extract, and upon the Lapse of Sixty Days after the Expiry of a Charge upon it not brought under Review by Suspension, shall be entitled to all the Privileges of a Decree in foro against such Defender; and a Decree of Declarator, or any other Decree on which a Charge is not competent, obtained in Absence after such personal Service or Appearance as aforesaid, shall be final after the Lapse of Twenty Years from its Date unless the same shall before that Time have been lawfully recalled or brought under Review by Suspension or Reduction.

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