Citation Amendment (Scotland) Act 1882

1882 CHAPTER 77 45 and 46 Vict

An Act to amend the law of Citation in Scotland.

[18th August 1882]

Modifications etc. (not altering text)

C1 Act repealed in so far as inconsistent with Rules of Court by S.I. 1948/1691 (1948 I, p. 3778) and 1965/321

C2 References to registered letters to be construed as including references to letters sent by recorded delivery service and reference to Post Office receipt for a registered letter to be construed accordingly: Recorded Delivery Service Act 1962 (c. 27), s. 1(1)(2), Sch. para. 1

C3 Preamble omitted under authority of Statute Law Revision Act 1898 (c. 22)

C4 Act excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

1 Short title. U.K.

This Act may be cited as the Citation Amendment (Scotland) Act 1882.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 2 repealed by Statute Law Revision Act 1898 (c. 22)

[3 F2 Citation may be by registered letter. U.K.

In any civil action or proceeding in any court or before any person or body of persons having by law power to cite parties or witnesses, any summons or warrant of citation of a person, whether as a party or witness, or warrant of service or judicial intimation, may be executed in Scotland by an officer of the court from which such summons, warrant, or judicial intimation was issued, or other officer who, according to the present law and practice might lawfully execute the same, or by an enrolled law agent, by sending to the known residence or place of business of the person upon whom such summons, warrant, or judicial intimation is to be served, or to his last known address, if it continues to be his legal domicile or proper place of citation, or to the office of the keeper of edictal citations, where the summons, warrant, or judicial intimation is required to be sent to that office, a registered letter by post containing the copy of the summons or petition or other document required by law in the particular case to be served, with the proper citation or notice subjoined thereto, or containing such other citation or notice as may be required in the circumstances, and such posting shall constitute a legal and valid citation, unless the person cited shall prove that such letter was not left or tendered at his known residence or place of business, or at his last known address if it continues to be his legal domicile or proper place of citation.]

Textual Amendments

F2 S. 3 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

Modifications etc. (not altering text)

C5 S. 3 excluded (S.) (30.11.2016) by Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016 (S.S.I. 2016/313), art. 6.4(3), rule 1.1(2)

C6 “Enrolled law agent” explained by Execution of Diligence (Scotland) Act 1926 (c. 16, SIF 45:2), s. 4 and Solicitors (Scotland) Act 1980 (c. 46, SIF 76:2), s. 65(2)

C7 Functions of keeper of edictal citations now exercisable by such clerks and officers of the Court of Session as The Principal Clerk of Session may appoint: S.R.& O. 1929/588 (Rev. XIX, p. 785: 1929, p. 1305), art. 1 and Public Records (Scotland) Act 1937 (c. 43), s. 13(1)

4 Execution. Notice on back of letter. Letter not delivered to be returned to clerk of court. U.K.

The following provisions shall apply to service by registered letter:—

[F3 (1) The citation or notice subjoined to the copy or other citation or notice required in the circumstances shall specify the date of posting, and in cases where the party is not cited to a fixed diet, but to appear or lodge answers or other pleadings within a certain period, shall also state that the unduciæ or period for appearance or lodging answers or other pleadings is reckoned from that date:]

[F3 (2) The induciæ or period of notice shall be reckoned from twenty-four hours after the time of posting:]

[F3 (3) The execution to be returned by the officer or law agent shall be accompanied by the Post Office receipt for the registered letter. The execution returned by a law agent shall for all purposes be equivalent to an execution by an officer of court. The execution may be in the form contained in the First Schedule hereto:]

[F3 (4) On the back of such registered letter besides the address there shall be written or printed the following notice or a notice to the like effect:

This letter contains a citation to or intimation from [specify the court]. If delivery of the letter cannot be made, it is to be returned immediately to [give the official name and office or place of business of the clerk of court]:]

(5) If delivery of the letter be not made because the address cannot be found, or because the house or place of business at the address is shut up, or because the letter carrier is informed at the address that the person to whom the letter is addressed is not known there, or because the letter was refused, or because the address is not within a postal delivery district and the letter is not called for within twenty-four hours after its receipt at the post office of the place to which it is addressed, or for any other reason, the letter shall be immediately returned through the Post Office to the clerk of court, with the reason for the failure to deliver marked thereon, and the clerk shall make intimation to the party at whose instance the summons, warrant, or intimation was issued or obtained, and shall, where the order for service was made by a judge or magistrate, present the letter to a judge or magistrate of the court from which the summons, warrant, or intimation was issued, and he may, if he shall think fit, order service of new, either according to the present law and practice or in the manner hereinbefore provided, and if need be substitute a new diet of appearance. Where the judge or magistrate is satisfied that the letter has been tendered at the proper address of the party or witness and refused, he may in the case of a witness, without waiting for the diet of appearance, issue second diligence to secure his attendance, and in the case of a party hold the tender equal to a good citation.

Textual Amendments

F3 S. 4(1)-(4) repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

Modifications etc. (not altering text)

C8 S. 4(2) excluded by Sheriffs Courts (Scotland) Act 1907 (c. 51, SIF 36:3), ss. 39, 40, Sch. 1 rule 138 as inserted by S.I. 1984/255, para. 3(22)

C9 S. 4(2) excluded by S.I. 1988/1976, art. 4(4)

S. 4(2) excluded (1.7.1999) by S.I. 1999/929, rule 2.10

S. 4(2) excluded (1.1.1994) by S.I. 1993/3240, para. 2, Sch. 1 rule 10(2) (with para. 4)

[5 F4 Fees. U.K.

The fees for service under this Act shall be those contained in the Second Schedule hereto, and no other or higher fees shall be allowed on taxation.]

Textual Amendments

F4 S. 5 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

[6 F5 Mode of service optional. U.K.

It shall be lawful to execute summonses and warrants of citation, warrants of service, judicial intimations, either according to the existing law and practice or in the manner provided by this Act:

Provided that no higher fees shall be allowed on taxation than those contained in the Schedule hereto, unless the judge or magistrate deciding the case shall be of opinion that it was not expedient in the interests of justice that such service should be made in the manner herein-before provided.]

Textual Amendments

F5 S. 6 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

7 Definition. U.K.

The word “person” shall include corporation, company, or other body requiring to be cited or to receive intimation.

SCHEDULES

Section 4.

[F6 FIRST SCHEDULE U.K.

Textual Amendments

F6 Sch. 1 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

This summons, or warrant of citation, or note of suspension, or petition, or other writ or citation executed [or intimated] by me [insert name] messenger at arms [or other officer or law agent] against [or to] [insert name or names] defender [or defenders, or respondent or respondents, or witness or witnesses, or haver or havers, or otherwise as the case may be], by posting on last, between the hours of and , at the post office of, a copy of the same to him [or them], with citation [or notice] subjoined, [or citation or notice where no copy is sent], in a registered letter [or registered letters], addressed as follows, viz.:

Signature of officer or agent.]

Section 5.

[F7 SECOND SCHEDULE U.K. Fees for Service or Citation by Registered Letter and for Returning Execution]

Textual Amendments

F7 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

[F8 A. U.K. Court of Session]

Textual Amendments

F8 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

[F9 1 U.K. Parties—

If one party	[F10 17½p]]
If more than one, for each party after the first	[F10 12½p]

Textual Amendments

F9 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

F10 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

[F11 2 U.K. Witnesses—

For citing each witness

[F12 7½p]]

Textual Amendments

F11 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

F12 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

[F13 3 U.K. Post Office charge for Registration and Postage of Letter.]

Textual Amendments

F13 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, pra. 3(2), Sch. 4

Modifications etc. (not altering text)

C10 Para. 3 amended by Recorded Delivery Service Act 1962 (c. 27), Sch. para. 3

[F14 B. U.K. Inferior Courts]

Textual Amendments

F14 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

[F15 1 U.K. Parties—

For citing to small debt courts, claim not exceeding [F16 £5]].	[F16 5p]
Claim above [F16 £5] and not exceeding [F16 £12].	[F16 7½p]
For citing to debts recovery court	[F16 10p]
For citing to ordinary court or any other citation not above included	[F16 12½p]

Where there are more parties than one cited in the same cause and only one execution necessary, [F17 the first-mentioned fees shall be allowed for the first party only, and for every other party there shall be allowed a reduced fee of 3½p (instead of 5p)].

Textual Amendments

F15 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

F16 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

F17 Words substituted by Decimal Currency Act 1969 (c. 19), Sch. 2 para. 4

[F18 2 U.K. Witnesses—

(1)	Small debt and debts recovery courts:—
For citing one witness	[F19 5p]]
For citing every witness after the first for the same diet	[F19 23½p]
(2)	Ordinary court:—
For citing one witness	[F19 7½p]
For citing every witness after the first for the same diet	[F19 5p]

Textual Amendments

F18 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

F19 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

[F20 3 U.K. Post Office charge for Registration and Postage of Letter.]

Textual Amendments

F20 Sch. 2 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

Modifications etc. (not altering text)

C11 Para. 3 amended by Recorded Delivery Service Act 1962 (c. 27), Sch. para. 3