Sheriff Courts (Scotland) Act 1838
| Jurisdiction | UK Non-devolved |
| Citation | 1838 c. 119 |
| Year | 1838 |
(1 & 2 Vict.) C A P. CXIX.
[16th August 1838]
'WHEREAS the Office of Sheriff and the Sheriff Courts inScotland have been found to be of great Utility, by affording in all ordinary Cases a cheap and speedy Administration of Justice: And whereas it is expedient to regulate the Constitution and enlarge the Jurisdiction of Sheriff Courts, and to amend the Forms of Proceedings therein:' 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, That so much of an Actpassed in the Twentieth Year of the Reign of His Majesty KingGeorge the Second, for taking away and abolishing the Heritable Jurisdictions in Scotland , and for certain other Purposes, as enacts that every Sheriff Depute and Stewart Depute shall be and reside personally within his County, Shire, or Stewartry during the Space of Four Months at least in the Year, and also so much of the said Act as enacts a Penalty upon being convicted of not so residing, shall be and the same is hereby repealed; and that all Laws, Statutes, Acts of Sederunt, and Usages shall be and the same are hereby repealed in so far as they are inconsistent or at variance with the Provisions of this Act: Provided always, that the same shall be in force in all other respects whatsoever.
II Sheriff Depute to hold Courts in his Sheriffdom, and to attend the Court of Session.
II. Provided always, and be it enacted, That every Sheriff Depute shall attend personally within his Sheriffdom upon all necessary and proper Occasions, and shall, unless prevented by Indisposition or other necessary Cause of Absence arising from his official Duties, hold at least Four ordinary Courts within his Sheriffdom for the Exercise of his ordinary Civil or Criminal Jurisdiction during each Period between the First Day ofDecember and the Twelfth Day of May ensuing, and other Four such Courts during each Period between the First Day of June and the Twelfth Day of November ensuing, except in the Sheriffdom of Orkney and Zetland , wherein the Sheriff Depute shall hold at least Eight such Courts during each Period between the First Day of December and the Twelfth Day of November ensuing, Four such Courts being held in Orkney and Four in Zetland; and each Sheriff shall, Fourteen Days previously, announce the Periods of holding such Courts by a Notice put up in the Sheriff Court Rooms, and shall within Ten Days after the Twelfth Day of November annually make a Return to Her Majesty's Principal Secretary of State for the Home Department of the Number of Courts held by him, and Causes disposed of as aforesaid, from the First Day of December preceding, stating the Cause of Absence in case he shall not have held Courts as herein provided; and every Person who shall be hereafter appointed to the Office of Sheriff Depute shall be an Advocate of Three Years standing at least, and shall have been at the Time of his Appointment in Practice before and in habitual Attendance upon the Court of Session or acting as a Sheriff Substitute; and after such Appointment every such Sheriff, with the Exception of the Sheriffs of the Counties ofEdinburgh and Lanark , shall be in habitual Attendance upon the said Court of Session during the Sittings thereof; and if any such Sheriff, excepting as aforesaid, shall not hold Courts within his Sheriffdom, or shall not attend the Court of Session as before provided, it shall be competent for Her Majesty's Advocate to present a summary Petition and Complaint to the Court of Session complaining of such Sheriff not holding Courts or of such Nonattendance, and the same being thereupon duly investigated and established upon a summary Trial before the said Court, such Sheriff shall be admonished for the First Offence, and for the Second shall be deprived of his Office.
III As to the Removal of Sheriff Substitutes.
III. And be it enacted, That no Sheriff Substitute receiving Salary shall hereafter be removeable from his Office by the present or any future Sheriff unless with the Consent of the Lord President and Lord Justice Clerk for the Time being expressed in Writing.
IV Sheriff Substitutes to continue to hold Office on the Death of Deputes.
IV. And be it enacted, That on the Death, Resignation, or Removal of any Sheriff Depute his Substitute or Substitutes shall continue to hold his or their Offices, and to exercise all the Jurisdictions, Powers, and Authorities thereto belonging, without the Necessity of any new Appointment or Commission from the succeeding Sheriff: Provided always, that Appeals may be taken in Causes decided by such Sheriff Substitute to the Sheriff to be appointed, which shall be laid before such Sheriff when he shall enter upon his Office.
V Sheriff Substitutes to reside within their Sheriffdoms.
V. And be it enacted, That every Person holding the Office of Sheriff Substitute and receiving Salary on that account shall reside personally within his Jurisdiction, and shall not be absent therefrom more than Six Weeks in any Year, nor for more than Two Weeks at any One Time, nor so as to interfere with the regular Sittings of his Court, without the special Consent in Writing of the Sheriff of such County for the Time being, who shall be bound, in the event of his giving such Consent, either to attend personally during the Absence of such Substitute, or to appoint another fit Person as Substitute to act in his Stead; and it shall not hereafter be lawful for any Sheriff Substitute so receiving Salary to act as Agent either in legal, banking, or other Business, or as Conveyancer, Factor, or Chamberlain, except for the Crown, or to be appointed to any Office, except such Office as shall be by Statute attached to the Office of Sheriff Substitute.
VI Superannuation Allowances to Sheriff Substitutes.
VI. And be it enacted, That Her Majesty, and Her Heirs and Successors, may grant an Annuity, payable in like Manner as Salaries to Sheriff Substitutes, to any Person who has held, now holds, or may here-after hold the Office of Sheriff Substitute, according to the Proportions and with reference to the Amount of their Salaries and the Periods of their Services as herein-after mentioned, if from old Age or any permanent Infirmity such Person has been or shall hereafter be disabled from the due Exercise of his Office: Provided always, that such Annuity shall not exceed One Third of the Salary payable to such Person in case the Period of his Service shall have been not less than Ten Years, and shall not exceed Two Thirds of such Salary in case the Period of Service shall have been not less than Fifteen Years, and shall not exceed Three Fourths of such Salary in case the Period of Service shall have been not less than Twenty Years or upwards: Provided also, that no such Annuity shall be granted unless such Sheriff Substitute shall have duly fulfilled the Duties of his Office during one of the Periods before mentioned, and is from old Age or permanent Infirmity disabled from the due Exercise of his Office, which Facts shall be certified by the Lord President, the Lord Justice Clerk, and the Lord Advocate for the Time being, as having been established to their Satisfaction by proper Evidence.
VII Office of Sheriff Substitute of Leith to cease.
VII. 'And whereas by the Death ofDuncan Mathieson Esquire, Advocate, late Sheriff Substitute of Leith, the Office of Sheriff Substitute of Leith has become vacant;' be it enacted, That the said Office of Sheriff Substitute of Leith as heretofore constituted shall cease and determine, any thing in any Act of Parliament to the contrary notwithstanding.
VIII Summary Complaint for removing from Premises let for less than a Year.
VIII. 'And whereas it is expedient to diminish the Expence and Delay with which the Process of removing from Houses and other Heritable Subjects, of the Rent herein-after provided, let for any shorter Period than a Year, inScotland , is attended;' be it enacted, That where Houses or other Heritable Subjects in Scotland are let for any shorter Period than a Year at a Rent of which the Rate shall not exceed Thirty Pounds per Annum , it shall be competent for any Person, authorized by Law to pursue a Removing therefrom, to present a summary Complaint to the Sheriff of the Territory, who shall order it to be served, and the Defender to appear on such Day as he may in each Case think proper, in the Form or to the Effect of Schedule (A.) annexed to this Act.
IX Defender may repone against Decree in Absence.
IX. And be it enacted, That if the Defender shall fail to appear after being duly cited, the Sheriff shall proceed to determine the Cause in the same Manner as if the Defender had been personally present: Provided always, that where the Decree shall have been pronounced in Absence, and shall not have been carried into execution, the Defender may present a Petition to the Sheriff for a further Hearing of the Cause, with Evidence of Intimation thereof having been made to the opposite Party written thereon, and the Sheriff, if he shall see Cause, and upon Payment by the Defender to the Complainer of such Expences as the Sheriff may judge reasonable, may recall his Decree, and proceed to hear and determine the Cause as on the original...
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