- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Sheriff Courts (Scotland) Extracts Act 1892. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
F1An Act to simplify the Forms of Extracts of Decrees in the Sheriff Courts of Scotland.
[20th June 1892]
This Act may be cited as the Sheriff Courts (Scotland) Extracts Act 1892 F2. . .
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.
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.
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, [F8the 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 [F10attachment] of articles belonging to the debtor and, if necessary for the purpose of executing the [F11land attachment, residual attachment, money attachment orF11][F10attachment], 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 forty-eight hours prior thereto, or within forty-eight hours 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.
F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Modifications etc. (not altering text)
Execution on said extracts shall be carried out by messengers-at-arms, officers of court, or others entitled to execute diligence thereon.
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.]
Modifications etc. (not altering text)
The provisions of this Act shall apply to all extracts issued after its commencement, although the decrees extracted may have been pronounced prior thereto.
All statutes and acts of sederunt, so far as they may be inconsistent with any of the provisions of this Act, are hereby repealed.
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: