Search Legislation

Court of Session Act 1825

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

VIExamination; by the Lord Ordinary into the Correctness of' the Summons and Defences.

And be it. further enacted, That where no dilatory Defence shall have been stated, or in case all dilatory Defences have been finally repelled, the Lord Ordinary shall proceed to examine into the Correctness of the Summons and of the peremptory Defences; and if it shall appear to the Lord Ordinary, that the Grounds of Action, asset forth in the Summons, are in Terms not sufficiently positive and clear, or the Conclusion not regularly or legally deduced according to the Form and Nature of the Action, and the Laws and Practice of Scotland, he may either dismiss the Action, decerning for Expences, and reserving to the Pursuer the Right to bring a new Action, or order an Amendment of the Libel, and give Interim Decree against the Pursuer for the Expences occasioned by the incorrect Form of the Summons ; on which Interim Decree, if necessary, Execution may proceed forthwith; and in like Manner, if it shall appear to the Lord Ordinary that the Defender has not set forth his peremptory Defences or Exceptions in Terms sufficiently in point of Fact, and with due Correctness in point of Law, the Lord Ordinary may order Defences more satisfactory and correct to be given in, and give Decree against the Defender for the Expence occasioned by his imperfect or evasive Defences ; and the Expences awarded in this preliminary Adjustment of the Summons and Defences, when an amended Summons or additional Defences shall be ordered, shall, at lodging such amended Summons or Defences, be paid over to the Clerk for Behoof of the Pursuer or of the Defender, as the Case may be, without which the amended Summons or Defences shall not be received; and the Lord Ordinary's Determination, thus dismissing the Action, or ordering an Amendment of the Libel, or more satisfactory Defences, with Expences, shall be final, unless within Twenty-one Days from the Date of the Interlocutor Application shall be made, as herein-after directed, to have the Interlocutor reviewed by the Inner House.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources