ACT OF SEDERUNT TO CONSOLIDATE AND AMEND THE ACTS OF SEDERUNT.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1913/638 |
| Year | 1913 |
1913 No. 638 (S. 44)
SESSION, COURT OF, SCOTLAND
2. Procedure
(1) Codifying Act of Sederunt, 1913 (C.A.S.)
The Codifying Act of Sederunt, 1913, is now almost entirely superseded in regard to the Court of Session by the Act of Sederunt (Rules of Court, Consolidation and Amendment), 1948 (S.I. 1948 (No. 1691) I, p. 3778) and relative Rules of Court. In so far as not repealed, it is incorporated in this section.
ACT OF SEDERUNT TO CONSOLIDATE AND AMEND THE ACTS OF SEDERUNT.Edinburgh, 4th June, 1913.
THE Lords of Council and Session, considering that it is expedient to consolidate and amend the Acts of Sederunt, do hereby Enact and Declare as follows in the Schedule attached hereto: And they Enact and Declare that all Acts of Sederunt inconsistent with the Act now passed shall be and the same are hereby repealed: Provided always that nothing herein contained or enacted shall be held to derogate from the force of such Acts of Sederunt as have, in terms of the respective Acts of Parliament under which they are passed, lain upon the table of Parliament for the prescribed period without resolution of either House of Parliament being passed against the same; which said Acts of Sederunt shall continue in full force notwithstanding that their provisions are re-enacted in this Act.
And the Lords Appoint this act to be inserted in the Books of Sederunt, and to be published in the usual manner.
Dunedin, I.P.D.
BOOK G—JUDICIAL FACTORS
* * * * * * *
CHAPTER III—ACCOUNTANT OF COURT
(58 & 59 Vict. cap. 19, sec. 4.)
1. Form of Consignation Books
The books directed by section 4 of the Court of Session Consignation (Scotland) Act, 1895, to be kept by the Accountant of Court shall be in the following form, viz.:—
REGISTER OF CONSIGNATIONS UNDER SECTION 4 OF THE COURT OF SESSION CONSIGNATIONS (SCOTLAND) ACT, 1895.
(2) Civil Procedure
(i) Codifying Act of Sederunt, 1913 (C.A.S.)
See Note under the title "Session, Court of, Scotland", (p. 663) above.
BOOK L—SHERIFF COURTS
CHAPTER I—NAUTICAL ASSESSORS IN SHERIFF COURT
1. Procedure and Number of Assessors
In any action or proceeding in the Sheriff Court to which the Nautical Assessors Act, 1894 applies, the number of assessors to be summoned to the assistance of the Court at any particular stage of the cause, whether on the initiative of the Court or on the application of any party, shall be one in the case of a proof, and one or more than one in the case of a hearing on appeal, as the Court shall think fit, provided always (a) that intimation of the name or names of the person or persons proposed to be summoned shall be given to the parties by the sheriff-clerk at least eight days before the proof or the hearing for which the summons is to be issued; (b) that if any party intends to object to the person or persons proposed to be summoned he shall state his objection, with the grounds of it, by minute lodged in process within two days after receipt of the intimation; (c) that the objections, if any, shall be disposed of by the Court at least three days before the proof or the hearing; (d) that if the objection is sustained, the like procedure shall be followed for securing another assessor, and the Court shall, if necessary for that purpose, adjourn the proof of the hearing; and (e) that it shall be the duty of the sheriff-clerk, if no minute is lodged as aforesaid, or when any objection has been taken and repelled, to arrange for the attendance at the proof or hearing of the person or persons named in the aforesaid intimation.
2. Remuneration of Assessor
The remuneration of every person attending as a nautical assessor under the aforesaid Act of Parliament shall be three guineas a day for each day on which he so attends, and also for any Sunday over which he is necessarily detained at the seat of Court, besides maintenance and travelling expenses. In the case of an assessor resident out of Scotland, he shall be entitled to charge a day for coming and a day for going at the above rate, but other assessors shall not be entitled to a fee for travelling days unless, owing to the distance from the seat of the Court at which they reside, it is impossible with reasonable convenience, to travel on the day or days on which they are required to sit in Court.
3. Consignation to Meet Expense
When, on the motion of a party to the cause, an assessor or assessors is or are to be summoned under the provisions of the foresaid Act of Parliament, the motion shall only be granted on condition that the party making it shall consign with the sheriff-clerk such sum to meet the fees and expenses above provided as the Court may determine; and when an assessor or assessors is or are to be summoned ex proprio motu of the Court, such consignation shall be made by the pursuer of the action, unless the Court shall otherwise direct.
CHAPTER II—LETTERS OF REQUEST—(FOREIGN WITNESSES)
1. Form of Minute
Where the evidence of any witness resident abroad is material for the determination of a cause depending before a Sheriff Court, the party desiring to obtain such evidence may apply to the Sheriff, by a minute in the form hereto appended (Schedule A), for a letter of request addressed to the judge or judges of the foreign tribunal within whose jurisdiction the witness is residing.
2. Form of Letters
On considering such minute and hearing the objections thereto, if any, the Sheriff may grant the same, and authorise a letter of request to be issued, which letter of request shall be in the terms hereto appended (Schedule B), and shall be signed by the Sheriff. The said letter of request shall be prepared by the party moving for the same, and shall be lodged with the sheriff-clerk along with the minute mentioned in the preceding section.
3. Agent Bound in Expense
It shall be a condition of granting any such letter of request that the agent for the party moving therefor shall, before the letter of request is issued, become personally bound for the whole expenses which may become due and payable in respect thereof to the Court before which the evidence is taken, as well as to the witnesses examined, and make consignation of such sum to meet said expenses as the Sheriff shall determine.
4. Translations of Letter and Interrogatories
There shall be lodged by the party obtaining a letter of request a translation into the language of the Court to which the letter is directed, of the letter and of the relative interrogatories.
5. Transmission of Letter to Foreign Office
The letter of request, when issued and signed as aforesaid, shall, along with interrogatories adjusted according to the present practice and the relative translations, be forthwith forwarded by the sheriff-clerk to His Majesty's Secretary of State for Foreign Affairs, requesting that the evidence taken under the same shall, when received, be forwarded to him, under seal, to abide the orders of Court.
6. Definition of "Sheriff"
In this section "Sheriff" shall be held to include salaried Sheriff-Substitute.
SCHEDULE A
Minute for A. B., pursuer [or C. D., defender], in the action presently depending in the Sheriff Court of at , at the instance of A. B. against C. D.
for the pursuer [or defender] stated that the following persons, viz. [state names and designations, including place of residence of proposed witnesses], are material witnesses for the pursuer [or defender] in support of the claim [or defence] in this action, and he prayed the Court to issue a letter of request, addressed to [state the judge or tribunal within whose jurisdiction the witnesses are resident], to take the evidence of said witnesses.
[Signed by the parties' agent.]
SCHEDULE B
Whereas an action is now pending in the Sheriff Court of at , Scotland, in which A. B. is pursuer and C. D. is defender: And whereas it has been represented to the said Court that it is necessary, for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath, that is to say:—
E. F., of
G. H., of
and I.J., of
And it appearing that such witnesses are resident within the jurisdiction of your honourable Court:—
Now, I , Sheriff [or Sheriff-Substitute] of , have the honour to request, and do hereby request, that for the reasons aforesaid, and for the assistance of the said Court, you, as the president and judges of the said , or some one or more of you, will be pleased to summon the said witnesses to attend at such time and place as you shall appoint, before some one or more of you, or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request, in the presence of the agents of the pursuer and defender, or such of them as shall, on due notice given, attend such examination.
And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers, and documents produced upon such examination to be duly marked for identification; and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as in accordance with your procedure, and to return the same through His Majesty's Secretary of State for Foreign Affairs for transmission to me.
[Signed by the Sheriff or Sheriff-Substitute.]
[Address to the Foreign Court.]
CHAPTER III—TAXES UPON FUNDS In Manibus Curiae
(51 & 52 Vict. cap. 8, sec. 24 (3), Finance Act 1894, sec. 8 (1), 57 & 58 Vict. cap. 30; 36 Geo. III cap. 52, sec. 25; 16 & 17 Vict. cap. 51, sec. 53)
1. Certificate by Officer of Inland Revenue(a)
No decree, warrant, or order for payment of any consigned money or for transfer or conveyance to any person of any stocks, shares, or other property, heritable or movable, in any process for the distribution of the estate of...
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