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Execution of Diligence (Scotland) Act 1926

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2Execution of arrestment or charge by registered letter in certain cases.

(1)It shall be competent to execute by registered letter in accordance with the provisions hereinafter contained

(a)an arrestment proceeding on any warrant or decree of the small debt court, or

(b)a charge upon a decree for payment of money, granted in the small debt court, if the place of execution is in any of the islands of Scotland or in any county in which there is no resident sheriff officer, or is more than twelve miles distant from the seat of the court where such decree was granted.

(2)The following provisions shall apply to the execution by registered letter of an arrestment or charge in pursuance of the foregoing provisions of this section :—

(a)A registered letter containing the writ or other document to be served shall be sent by post to the known residence or place of business of the person in whose hands the arrestment is to be used (hereinafter referred to as the arrestee) or against whom the charge is to be executed (hereinafter referred to as the debtor) or to the last known address of such arrestee or debtor if it continues to be his legal domicile or proper place of citation:

(b)The registered letter may be sent by a sheriff officer who would be entitled to execute the arrestment or the charge according to the law and practice existing at the passing of this Act, or by a messenger-at-arms resident in the sheriffdom in which the place of execution is situated, or, if there is no sheriff officer, or messenger-at-arms resident in the sheriffdom, by a law agent enrolled in such sheriffdom:

(c)On the back of the registered letter besides the address there shall be written or printed the following notice or a notice to the like effect:—

" If delivery of this letter cannot be made, it is " to be returned immediately to [give the name and address of law agent, messenger-at-arms, or sheriff officer concerned] ":

(d)The execution to be returned shall be accompanied by the Post Office receipt for the registered letter:

(e)Delivery of a registered letter sent in accordance with the foregoing provisions shall constitute a valid arrestment in the hands of the arrestee, or a valid execution of the charge against the debtor as the case may be as at the time of such delivery, and where in any proceedings in which the validity of such arrestment or of such charge is in question there is produced an acknowledgment or certificate of the delivery of the registered letter issued by the Postmaster General in pursuance of regulations under the Post Office Act, 1908, the letter shall be presumed to have been delivered to the arrestee or to the debtor at the address and on the day specified in such acknowledgment or certificate, unless it shall be proved by the arrestee or the debtor or any person having an interest that the registered letter was never in fact delivered to or received by the arrestee or the debtor as the case may be, or any person with his authority, express or necessarily implied, or was so delivered on some other day :

(f)Where, in any proceedings in which the validity of any such arrestment or of such charge is in question, it is proved that the registered letter sent in pursuance of the foregoing provisions was duly tendered at the proper address of the arrestee or the debtor, but was refused by him or by some person with his authority, express or necessarily implied, the Court may if it shall think fit hold such tender and refusal equivalent to delivery of the registered letter for the purposes of this section ;

(g)The provisions of rule one hundred and twenty-six in the First Schedule to the Sheriff Courts (Scotland) Act, 1907, shall not apply to service of a schedule of arrestment in accordance with the foregoing provisions.

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