Sheriff Courts (Scotland) Act 1913

JurisdictionUK Non-devolved
Citation1913 c. 28


Sheriff Courts (Scotland) Act, 1913

(2 & 3 Geo. 5.) CHAPTER 28.

An Act to amend the Sheriff Courts (Scotland) Act, 1907.

[7th March 1913]

B E it enacted by the King'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:

S-1 Repeal of certain sections of the principal Act.

1 Repeal of certain sections of the principal Act.

Section nine, section twenty-eight, and section thirty-two of the Sheriff Courts (Scotland) Act, 1907(herein-after referred to as the principal Act), are hereby repealed.

S-2 2.

2 2.

In lieu of section twenty-eight, there shall be inserted in the principal Act the following section:—

S-28 Appeal to Court of Session.

28 Appeal to Court of Session.

(1) Subject to the provisions of this Act, it shall be competent to appeal to the Court of Session against a judgment either of a sheriff or of a sheriff-substitute if the interlocutor appealed against is a final judgment or is an interlocutor—

( a ) Granting interim decree for payment of money other than a decree for expenses; or

( b ) Sisting an action; or

( c ) Refusing a reponing note; or

( d ) Against which the sheriff or sheriff-substitute either ex proprio motu or on the motion of any party, grants leave to appeal:

Provided that no appeal shall be competent where the cause does not exceed fifty pounds in value exclusive of interest and expenses or is being tried as a summary cause unless the sheriff, after final judgment by him on an appeal on the motion of either party made within seven days of the date of the final interlocutor certifies the cause as suitable for appeal to the Court of Session:

(2) Nothing in this section nor in section twenty-seven of this Act contained shall affect any right of appeal or exclusion of such right provided by any Act of Parliament in force for the time being.’

S-3 Amendment of the principal Act.

3 Amendment of the principal Act.

The principal Act shall be amended to the extent and effect shown in the First Schedule to this Act.

S-4 Amendment of the First Schedule to the principal Act.

4 Amendment of the First Schedule to the principal Act.

The First Schedule to the principal Act shall be amended to the extent and effect shown in the Second Schedule to this Act.

S-5 Saving for pending actions.

5 Saving for pending actions.

Nothing in this Act contained shall apply to any action pending in any sheriff court at the commencement of this Act.

S-6 Procedure at jury trials.

6 Procedure at jury trials.

Where a jury trial has been ordered, the sheriff shall issue an interlocutor fixing a time and place for the trial, being not sooner khan fourteen days from the date of his interlocutor, and at the trial he may, or if required by either party, shall, after the conclusion of the evidence, propone to the jury question or questions of fact to be answered by them, and the jury shall, in their verdict, give specific answers to such question or questions.

S-7 Short title and citation.

7 Short title and citation.

This Act shall come into operation on the first day of May one thousand nine hundred and thirteen and may be cited as the Sheriff Courts (Scotland) Act, 1913; and the principal Act and this Act may be cited together as the Sheriff Courts (Scotland) Acts, 1907 and 1913, and shall be read and construed together as one Act.

S C H E D U L E S.

FIRST SCHEDULE.

[Section 3.]

Session and Chapter.

Short Title.

Extent of Amendment.

7 Edw. 7. c. 51.

The Sheriff Courts (Scotland) Act, 1907.

Section three, after the word ‘action’ occurring in subhead ( d ), insert the words ‘or cause’; omit sub-head (i), and in lieu thereof insert ‘Summary cause includes actions (other than actions brought and conducted in the small debt court and claims under the Workmen's Compensation Act) for payment of money not exceeding fifty pounds in amount, exclusive of interest and expenses, and all actions in which either the parties admit that the value of the action, exclusive of interest and expenses, does not exceed fifty pounds or which they consent at any stage shall be tried summarily,’ and at the end of the section insert—

‘(q) 'Employee' includes the legal personal representative of an employee, and any person who, by the law of Scotland, may be entitled to solatium in respect of the death of an employee.’

Section five, omit subsection (2), and in lieu thereof, insert—

‘(2) Actions of aliment, provided that as between husband and wife they are actions of separation and aliment, adherence and aliment, or interim aliment, and actions for regulating the custody of children.’

In the same section and in the last proviso thereof, omit the words from ‘action’ to the end of the section, and in lieu thereof insert ‘mentioned in the second subsection of this section.’

Section six ( a ), after the word ‘defenders’ insert the words ‘over each of whom a sheriff court has jurisdiction in terms of this Act’; omit the words ‘immediately prior to the raising of the action’; omit the words ‘and whose present residence in Scotland is unknown,’ and insert ‘and has no known residence in Scotland.’

Session and Chapter.

Short Title.

Extent of Amendment.

7 Edw. 7. c. 51.

The Sheriff Courts (Scotland) Act, 1907.

Section six ( b ), omit ‘sheriffdom,’ and insert ‘jurisdiction.’

Section seven, omit the first proviso and the word ‘also.’

Section eight, after the word ‘party,’ insert ‘made before the examination of witnesses is begun’; omit the last sentence.

Section twenty-one, leave out ‘for the county or burgh, respectively, in which he shall be sheriff or salaried sheriff substitute,’ and insert ‘occurring within his jurisdiction.’

Section twenty-seven after ‘(E)’ insert ‘refusing a reponing note; or (F),’ and at the end of the section insert the words, ‘It shall be competent for the sheriff, when the action is before him on appeal on any point, to open the record ex proprio motu , if the record shall appear to him not to have been properly made up, or to allow further proof.’

Section thirty, after ‘1880,’ where first occurring, insert ‘or at common law.’

Section thirty-one, after ‘1880,’ insert ‘or at common law.’

In the same section omit the words ‘under head (1),’ and also the words ‘under the other heads before mentioned.’

Section forty, omit the first proviso and the word ‘also.’

SECOND SCHEDULE.

[Section 4.]

7 Edw. 7. c. 51.

The Sheriff Courts (Scotland) Act, 1907.

First Schedule, omit Rule 2, and in...

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