Court of Session Act 1825

XLVI Lord Ordinary may pass Bills of Suspension : Proceedings as to Interlocutors complained of.

And be it enacted, That in ail Cases, without Distinction, the Lord Ordinary on the Bills may pass Bills of Suspension, without requiring the Concurrence of the Inner House during Session, or of One or more Ordinaries during Vacation ; and in complaining of any Interlocutor pronounced by the Lord Ordinary on the Bills, the Party shall proceed, not as at present by Reclaiming Petition, but by presenting a printed Note to the Inner House, stating the Nature of the Bill, reciting the Interlocutor, and praying for an Alteration thereof; and upon such Note being presented, the Inner House shall order the Counsel for the Parties to be heard, and on hearing them shall either grant or refuse the Application, or appoint Parties to give in mutual Cases on the Question ; and thereafter the Court shall either refuse the Application, or remit to the Lord Ordinary to pass or to refuse the Bill, or to remit to the Inferior Judge with Instructions ; and any Interlocutor of the Court refusing such Application, or of the Lord Ordinary on a Remit from the Court, shall he final; and when a Bill of Suspension shall have been passed on a Remit from the Inner House, or in consequence of the Lord Ordinary having taken the Cause to report to the Inner House, the Letters of Suspension shall be discussed before a Lord Ordinary of that Division, unless remitted ob contingentiam to some previous Process depending before the other Division; and in the Event of Bills of Suspension being passed of Decrees of Inferior Courts, it shall be competent for the Lord Ordinary or the Court to find the Suspender entitled to his Expences in the Inferior Court, as well as in the Court of Session.