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Game Laws Amendment (Scotland) Act 1877

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This is the original version (as it was originally enacted).

7Provisions as to actions of damage between lessor and lessee

With regard to actions for the recovery of damages under this Act, the following provisions shall have effect:

(1)No such action at the instance of a lessee against a lessor shall be competent unless the lessee shall have given to the lessor notice in writing of his intention to bring the same, in the case of damage done to growing crop, except grass for pasture, at least three weeks before the crop is reaped or raised, and in the case of damage done to crop reaped or raised, at least one week before it is removed from the land, and in the case of damage done to grass for pasture at least fourteen days before any person to be called as a witness by the lessee to value the damage shall inspect the crop with the view of valuing such damage :

(2)Any such action may be brought in the Sheriffs Small Debt Court of the county within which the lands ,or any part thereof are situated, without regard to the amount sued for in name of damage, provided that such amount shall not exceed the sum of fifty pounds sterling, exclusive of expenses and fees of extracts, and all the provisions of the Small Debt Acts shall apply to any such action so brought in the same manner as if such action were brought for a sum not exceeding twelve pounds sterling : Provided always, that the sheriff substitute shall, whenever required to do so by either party, take and record the evidence led before him, in which case an appeal shall lie to the sheriff, whose judgment shall be final:

(3)Where the amount sued for exceeds the sum of fifty pounds the action shall be brought in the ordinary sheriff court.

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