Court of Session Act 1825

XLIII Time at which Decrees of Inferior Courts may be extracted. Decrees in Absence in Inferior Courts and in Admiralty.

And be it further enacted by the Authority aforesaid, That in all Actions before any Inferior Court, where a Party shall intimate in Writing to the Clerk of Court that he intends to advocate the Cause, and shall therewith lodge a Bond of Caution for such Expences as may be incurred in the Court of Session as provided in this Act, the Space of Fifteen Days in the ordinary Case, and Thirty Days in Causes before the Courts of Orkney and Shetland, shall be allowed after final Judgment, to apply by Bill of Advocation to the Court of Session, before Extract shall be competent; but on the Elapse of the foresaid Terms respectively, if no Bill of Advocation shall have been intimated to the Clerk of Court, he may give out the Extract on the Application of either Party, it being competent however to present a Bill of Advocation at any Time before the Decree has been actually extracted; and when Decree has passed in Absence in any Inferior Court, or in the Court of Admiralty, and has been extracted, it shall be competent to apply to the Court in which such Decree was pronounced, to have the Decree recalled; and on Consignation in the Hands of the Clerk of the Court of the Expence incurred, the said Court shall have Power to stop Execution and repone the Defender, and revive the Action, as if Decree had not been extracted.