IX.-Miscellaneous Provisions.

in certain cases,

he has a place of

46. A person carrying on a trade or business, and having a place A person shall, of business within a county, shall be subject to the jurisdiction of be subject to the the sheriff thereof in any action, notwithstanding that he has his the sheriff within domicile in another county, provided he shall be cited to appear in whose territory such action either personally or at his place of business; it shall business, though however be in the power of the sheriff aforesaid, upon sufficient another county. cause shown, to remit any such action to the court of the defenders' domicile in another sheriffdom.

domiciled in

sheriff to whose

47. Any person entitled to raise an action of forthcoming or of Actions of multiplepoinding may competently raise the same in any sheriff forthcoming and multiplecourt to whose jurisdiction the arrestee or the holder of the fund or poinding to be subject in medio, as the case may be, is subject, although the competent common debtor may not reside within such jurisdiction; and the before the warrant of citation issuing from such court may be competently jurisdiction the executed as herein-before provided against the common debtor or arrestee or the other defender in any such action; provided that the citation shall holder of the require the person cited to appear at a sheriff court of the county amenable. in which the action is brought, by lodging a notice of appearance, or defence, or claim, in the hands of the clerk of court within seven days, or fourteen days, as the case may be, after the date of citation.

fund is

section 15 of

48. Section fifteen of the Act passed in the sixteenth and Repeal of seventeenth years of the reign of Her present Majesty, chapter Act 16 & 17 eighty, is hereby repealed.

Vict..c. 80.

49. Any action in a sheriff court in which no interlocutor shall Actions falling have been pronounced during the period of year and day shall be asleep may be held to have fallen asleep; but the following provisions shall have wakened of effect in regard to the wakening thereof:

consent, and after certain

(1.) Where any cause shall have fallen asleep as aforesaid, it procedure. shall be competent to the sheriff to pronounce an interlocutor wakening the cause on the agents for the whole parties subscribing a minute on the interlocutor sheet to the following or the like effect, "We the agents for the "parties consent to the cause being wakened and proceeded "with;" and on such interlocutor being pronounced, the cause may thereafter be proceeded with as wakened accordingly:

(2.) Where any cause shall have fallen asleep as aforesaid, and where any of the parties desires to have it wakened and proceeded with, it shall be competent for such party to enrol the cause and to lodge a minute craving a wakening of the cause; and the sheriff may thereupon direct intimation of such minute to be made to the known agents of the other parties in the cause or to such parties themselves; and shall direct intimation to be made on the walls of the court in such manner as shall seem fit for seven days; and where said parties have no known agents or are themselves furth of Scotland, the sheriff shall also appoint edictal intimation thereof to be made by publication

Sheriff may

when furth of his county.

in the record of edictal citations; and on the expiration. of seven days from the date of such intimation or from the latest date thereof and on a certificate being lodged in process under the hand of the agent applying for the wakening, certifying that he has duly intimated the minute in terms of the sheriff's interlocutor, the sheriff may pronounce an interlocutor holding the cause as wakened, and the same may thereafter be proceeded with as wakened accordingly.

The provisions of this section shall not apply to any action which at the commencement of this Act stood dismissed in consequence of six months having elapsed without any proceeding having been taken therein, but may be applied to any action where a less period than six months had at the commencement of this Act elapsed without any proceeding having been taken therein.

50. It shall be lawful for any sheriff to pronounce and sign any sign judgment interlocutor, judgment, or decree when furth of his sheriffdom and every such interlocutor, judgment, or decree shall have all the like force and effect as if pronounced and signed by the sheriff while within the limits of his sheriffdom, but shall bear date at the seat of the court as of the day on which it is received there by the sheriff clerk, and entered by him in the books of court.

Provision for the case of a sheriff being disabled or necessarily absent.

Mode of dis

posing of sumcations where

mary appli

no procedure provided by

statute.

51. It shall be lawful for one of Her Majesty's Principal Secretaries of State on an application made by or on behalf of any sheriff for leave of absence on account of temporary illness or other reasonable cause, to grant such leave of absence for such period as he shall deem proper, and to appoint some other person, who shall be a sheriff of some other sheriffdom, or shall be an advocate of not less than five years standing, to act as interim sheriff in the place and during the absence of such sheriff; and, on any such interim appointment being made, to fix what proportion of the salary of the sheriff shall be paid to the interim sheriff, and to certify the same in writing; and such certificate shall, when presented in Exchequer to the Queen's and Lord Treasurer's Remembrancer, be a sufficient warrant to him for payment to such interim sheriff of the proportion of the sheriff's salary therein mentioned.

In this section the word "sheriff" does not include sheriff substitute.

Any interim sheriff appointed under this section shall have and exercise all the powers and privileges, and perform all the duties of the sheriff, and his acts, orders, and judgments shall have the same force and effect as if done, made, or pronounced by the sheriff. A sheriff appointed to be interim sheriff under this section shall not, by accepting such interim appointment, vacate his office as sheriff.

52. In every case of an application, whether by appeal or petition, made to the sheriff under any Act of Parliament which provides, or according to any practice in the sheriff court which allows, that the same shall be disposed of in a summary manner in the sheriff court without record of the defence or evidence, and without the judgment being subject to review, but which does not more particularly provide in what form the same shall be heard, tried, and determined, the application may be by petition in one of the forms

as nearly as may be contained in Schedule A. annexed to this Act, and the sheriff shall appoint the application to be served and the parties to be heard at a diet to be fixed by him, and shall at that diet, or at an adjourned diet, summarily dispose of the matter after proof led when necessary, and hearing parties or their procurators thereon, and shall give his judgment in writing.

sheriffs of

53. Notwithstanding anything contained in section eleven of the Additions to Act of the thirty-third and thirty-fourth years of the reign of Her salaries of present Majesty, chapter eighty-six, any additions made in terms united counties of the recited section to the salaries of the sheriffs of united counties to be paid out shall, instead of being paid out of moneys to be provided by Par- of Consolidated liament for that purpose, be paid in the manner provided by the Act passed in the seventeenth and eighteenth years of the reign of Her present Majesty, chapter ninety-four, Schedule A.

Fund.

runt.

54. The Court of Session may from time to time make such Court to make regulations by act of sederunt as shall be necessary for carrying acts of sedeinto effect the purposes of this Act; and for regulating the forms of petitions, and modes of procedure and of pleadings; and generally the practice of the sheriff courts in respect of the matters to which the Act relates; and for regulating the fees of court, with the concurrence of the Commissioners of the Treasury, and also for regulating the fees of the agents practising before the said courts, and of shorthand writers appointed to take down proofs, and, so far as may be found expedient, for altering the course of proceeding hereinbefore prescribed in respect to the matters to which this Act relates, or any of them, and for regulating the place or places at which in each county the business heretofore conducted in the commissary court thereof shall be hereafter conducted in the sheriff court thereof, and the place or places and manner in which the records, books, documents, papers, and things connected therewith should be hereafter kept; and may also repeal or alter the provisions of any act of sederunt relating to any of the matters herein-before specified as may be inconsistent with such new regulations; and for that purpose the Court of Session may meet during vacation as well as during session; and in preparing such act of sederunt the court may take the assistance of any six sheriffs and sheriffs-substitute whom they may select: Provided that every such act of sederunt shall, within one month after the date thereof, be transmitted by, the Lord President of the Court of Session to one of Her Majesty's Principal Secretaries of State in order that it may be laid before both Houses of Parliament; and if either of the Houses of Parliament shall, by any resolution passed within thirty-six days after such act of sederunt has been laid before such House of Parliament, resolve that the whole or any part of such act of sederunt ought not to continue in force, in such case the whole or such part thereof as shall be so included in such resolution shall from and after such resolution cease to be binding.

C. D. (design him), Defender.

[NOTE. Where any party sues, or is sued, in any special character,-as trustee, or inspector, or otherwise,-state what it is.]

The above-named pursuer submits to the court the condescendence and note of pleas in law hereto annexed, and prays the court

a. To grant a decree against the above-named defender, ordaining him to pay to the sterling. pursuer the sum of

b. Or, To sequestrate, &c., and grant warrant to sell (specify rent, due and current, and the subjects in respect of which such rent is payable), and to find the pursuer entitled to expenses, and grant warrant of sale therefor.

c. Or, To ordain the defender

(1.) To deliver to the pursuer, &c. &c.

(2.) Or, Forthwith to repair, &c. &c., and failing his doing so within

days, to authorise such repairs to be made at the sight of a person to be appointed, and to ordain the defender to pay the expenses thereby incurred.

d. Or, To grant warrant to sell, &c. &c.

e. Or, To interdict the defender from, &c. &c.

interim interdict.

f. Or, To ordain the said C. D., defender, to pay to the pursuer

and to grant

1. arrested

by him in C. D.'s hands as due to E., in satisfaction of the sums due by E. to the pursuer, conform to, &c. &c.

g. Or, To ordain the defender to produce a full account of his intromissions as (here state the character in which the defender is accountable, as factor or otherwise), l., or such other sum as may and to pay to the pursuer the sum of

appear to be the true balance due by him; and failing his producing such account, to ordain the defender to pay

h. Or, To find that he is holder of

1. (or state the nature of the fund or subject in medio), which is claimed by the defenders, and that he is only liable in once and single payment (or delivery) thereof, and is entitled, on payment (or delivery, or consignation), to be exonered thereof, and to obtain payment of his expenses; and that decree should issue in favour of the party or parties who shall be found to have best right to the fund (or subject) in medio. The real raiser hereof is

CONDESCENDENCE.

[State articulately the facts which form the grounds of action.]

Note of PLEAS IN LAW.

[State them articulately.]

(Place and date.) The sheriff

WARRANT.

of the county of

grants

warrant [to cite the defender, in the manner and upon the inducice, as the case may be] and ordains the defender, if he intends to show cause why the prayer of the petition should not be granted, to lodge in the hands of the clerk of court at of appearance within the induciæ of citation hereon, under certification of being held as

a notice

confessed, and grants warrant [to arrest on the dependence], [meantime grants interim interdict as craved], [meantime sequestrates and grants warrant to officers of court to inventory and secure as craved], [or as the case may be].

NOTE.-In all these writs, where interest and expenses, or either, are sought, they must be prayed for.

Every writ shall be signed by the pursuer or his law agent, who shall add his address.

The warrant may be signed by the sheriff clerk, unless interim interdict, sequestration, or other order not being an order for citation or warrant to arrest, is contained in the warrant, in which case the warrant shall be signed by the sheriff or sheriff substitute; and a mere warrant of citation or arrestment may competently be signed by the sheriff or sheriff substitute.

In the action A.B. [design him] against C.D. [design him]. C.D., defender, enters appearance to defend said action.

[Or]

C.D., defender.
E., agent for defender.

CHAPTER 71.

An Act to amend the laws relating to the Jurisdiction of
Chairmen of Quarter Sessions in Ireland.

[15th August 1876.]

HEREAS under the provisions of an Act passed in the session 14 & 15 Vict. of Parliament held in the fourteenth and fifteenth years of c. 57. the reign of Her present Majesty, chapter fifty-seven, and of the Acts amending the same, (in this Act referred to as "the principal Acts,") the Lord Lieutenant of Ireland is empowered to nominate and appoint to the office of chairman of the quarter sessions of each and every county and riding of a county in Ireland a barrister having the qualification by the principal Acts prescribed:

And whereas it is expedient to enable the Lord Lieutenant whenever a vacancy shall occur in the office of chairman of the quarter sessions of any county, in case he shall so think fit, to appoint a person holding the office of chairman of quarter sessions of another county to fill such vacancy, and to exercise the jurisdiction of chairman of quarter sessions in both such counties:

And whereas it is expedient to make provisions such as are in this Act contained with respect to the exercise of such jurisdiction as aforesaid, and generally with respect to the exercise of jurisdiction at quarter sessions in Ireland:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as "The Chairmen of Quarter Sessions Short title. (Ireland) Jurisdiction Act, 1876."