Sheriff Courts (Scotland) Extracts Act 1892

1892 CHAPTER 17 55 and 56 Vict

F1 An Act to simplify the Forms of Extracts of Decrees in the Sheriff Courts of Scotland.

[20th June 1892]

Textual Amendments

F1 Preamble omitted under authority of Statute Law Revision Act 1908 (c. 49)

1 Short title. U.K.

This Act may be cited as the Sheriff Courts (Scotland) Extracts Act 1892 F2 . . .

Textual Amendments

F2 Words repealed by Statute Law Revision Act 1908 (c. 49)

2 Saving clause. U.K.

This Act shall not apply F3 . . . to commissary or executory proceedings, or proceedings for service of heirs or completing titles, or to proceedings under the Summary Jurisdiction (Scotland) Acts 1864 and 1881.

Textual Amendments

F3 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I Gp. 4

3 Interpretation. U.K.

In this Act the following terms shall include the several meanings after mentioned:

• “Decree” shall include any judgment, deliverance, interlocutor, act, order, finding, or authority which may be extracted.

• “Sheriff-clerk” shall include sheriff-clerk-depute.

F4 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F4 S. 4 repealed (1.1.1994) by S.I. 1993/1956, para. 5, Sch.2

F5 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F5 S. 5 repealed (1.1.1994) by S.I. 1993/1956, para. 5, Sch.2

F6 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F6 S. 6 repealed (1.1.1994) by S.I. 1993/1956, para. 5, Sch.2

[F7 7 Import of the warrant for execution. U.K.

The following provisions shall apply to the short warrant for execution added to said extracts:

(1) If the decree extracted is for the payment of money, or, amongst other things, for the payment of money, [F8 the said warrant shall have the effect of authorising–

(a) in relation to an ordinary debt within the meaning of the Debtors (Scotland) Act 1987, the charging of the debtor to pay to the creditor within the period specified in the charge the sum specified in the extract and any interest accrued on the sum and, in the event of failure to make such payment within that period, the execution of an earnings arrestment [F9 , a land attachment, a residual attachment, a money attachment]F9 and the [F10 attachment] of articles belonging to the debtor and, if necessary for the purpose of executing the [F11 land attachment, residual attachment, money attachment or]F11 [F10 attachment], the opening of shut and lockfast places;

(b) in relation to an ordinary debt within the meaning of the Debtors (Scotland) Act 1987, an arrestment other than an arrestment of the debtor’s earnings in the hands of his employer; and

[F12 (ba) in relation to an ordinary debt within the meaning of the Debtors (Scotland) Act 1987, inhibition against the debtor;]

F12 (c) if the decree consists of or includes a maintenance order within the meaning of the Debtors (Scotland) Act 1987, a current maintenance arrestment in accordance with Part III of that Act.]

(2) If the decree extracted is for the performance of an act or implement of an obligation other than the payment of money, it shall be lawful, in virtue of said warrant, to charge the person against whom the decree is granted to perform the act or implement the obligation within the appropriate days of charge, under the pain of imprisonment.

(3) If the decree extracted is for the payment of money, and also for the performance of an act or implement of an obligation, it shall be lawful, in virtue of said warrant, to do what is provided for in the two immediately preceding sub-sections.

(4) If the decree extracted is one of removing, it shall be lawful, in virtue of said warrant, to charge the defender to flit and remove himself, his sub-tenants, dependents, and effects from the subjects or premises mentioned in the extract, at the term or date therein specified, if the charge be given [F13 forty-eight hours] [F13 14 days] prior thereto, or within [F13 forty-eight hours] [F13 14 days] after the charge if given later, under the pain of ejection; and, if he fail to obey the charge, then to eject and remove the defender, his sub-tenants, dependants, and effects from the subjects or premises, and keep them furth thereof, and enter the pursuer or others in his name therein (an inventory of the effects ejected being made by the person executing the diligence) and, if needful for these purposes, to make gates, doors, and other lockfast places open and patent.

(5) If the decree extracted is for a removing, and also for payment of money, or for the performance of an act or implement of an obligation, it shall be lawful, in virtue of said warrant, to do what is provided for in sub-sections (4), (1), or (2) of this section.

F14 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F7 S. 7 repealed, so far as relating to decrees ad factum praestandum, by Law Reform (Miscellaneous, Provisions) Scotland Act 1940 (c. 42), Sch.

F8 Words substituted (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 87(3), 108, Sch. 7 paras. 5, 9

F9 Words in s. 7(1)(a) inserted (S.) (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226(1), 227(3), Sch. 5 para. 6(2)(a) (with s. 223); S.S.I. 2009/369, art. 3(2), Sch. (with transitional provisions in art. 4)

F10 Words in s. 7(1)(a) substituted (S.) (30.12.2002) by 2002 asp 17, s. 61, Sch. 3 Pt. 1 para. 8 (with s. 63)

F11 Words in s. 7(1)(a) inserted (S.) (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226(1), 227(3), Sch. 5 para. 6(2)(b) (with s. 223); S.S.I. 2009/369, art. 3(2), Sch. (with transitional provisions in art. 4)

F12 S. 7(1)(ba) inserted (S.) (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 146(4), 227(3) (with s. 223); S.S.I. 2009/67, art. 3(1)(a) (with arts. 4-6)

F13 Words in s. 7(4) substituted (S.) (4.4.2011) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 6(3) (with s. 223); S.S.I. 2011/179, art. 3(b) (with art. 4)

F14 S. 7(6) repealed (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108, Sch. 7 paras. 5, 9(1), Sch. 8

Modifications etc. (not altering text)

C1 S. 7(1)(a) modified (S.) (1.4.2008) by The Enforcement of Fines (Diligence) (Scotland) Regulations 2008 (S.S.I. 2008/104), reg. 2(a)

8 Executors. U.K.

Execution on said extracts shall be carried out by messengers-at-arms, officers of court, or others entitled to execute diligence thereon.

[F15 9

Where interest is included in a decree or extract, it shall be deemed to be at the rate of eleven per centum per annum, unless otherwise stated.]

Textual Amendments

F15 S. 9 substituted by S.I. 1975/948, para. 1

Modifications etc. (not altering text)

C2 S. 9 amended so as to substitute, for the rate of interest specified in that section, the rate of 15 per centum per annum, by S.I. 1985/1179, art. 2; in relation to any decrees pronounced after 1.4.1993 s. 9 is amended by S.I. 1993/769, para.2 so as to substitute, for the rate of interest specified in that section, the rate of eightper centum per annum

10 Act to apply to decrees pronounced prior thereto. U.K.

The provisions of this Act shall apply to all extracts issued after its commencement, although the decrees extracted may have been pronounced prior thereto.

F16 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F16 S. 11 repealed (1.1.1994) by S.I. 1993/1956, para. 5, Sch.2

12 Repeal. U.K.

All statutes and acts of sederunt, so far as they may be inconsistent with any of the provisions of this Act, are hereby repealed.

13 Acts of sederunt may be passed. U.K.

It shall be lawful for the Court of Session to pass from time to time any act or acts of sederunt which may be found necessary for giving more full effect to the purposes of this Act.

F17 SCHEDULE S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. repealed (1.1.1994) by S.I. 1993/1956, para. 5, Sch. 2