Small Debt (Scotland) Act 1837
| Jurisdiction | UK Non-devolved |
| Citation | 1837 c. 41 |
| Year | 1837 |
(7 Will. 4 & 1 Vict.) C A P. XLI.
[12th July 1837]
'WHEREAS an Act was made in the Tenth Year of the Reign of His Majesty KingGeorge the Fourth, intituled An Act for the more effectual Recovery of Small Debts, and for diminishing the Expences of Litigation in Causes of small Amount, in the Sheriff Courts inScotland, the Provisions of which have been found beneficial, but Experience has pointed out certain Alterations by which its Benefits will be extended and rendered more effectual; and it is expedient that such Alterations and the former Provisions should be consolidated in One Act:' 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Parliament assembled, and by the Authority of the same, That the said recited Act shall be and the same is hereby repealed from and after the First Day ofOctober next, save and except as to such Causes as shall have been commenced under the Authority if the said recited Act before the said First Day of October next, and shall be then depending, all which Causes shall be carried to a Conclusion according to the Rules prescribed by the said Act, notwithstanding this Act; and this Act shall commence and take effect from and after the said First Day of October next.
II Sherifs may bear and determine in a summary Way Causes for Sums under 8 l. 6 s. 8 d. Sterling.
II. And be it enacted, That it shall be lawful for any Sheriff inScotland within his County to hear, try, and determine in a summary Way, as more particularly herein-after mentioned, all Civil Causes and all Prosecutions for statutory Penalties, as well as all Maritime Civil Causes and Proceedings, that may be competently brought before him, wherein the Debt, Demand, or Penalty in question shall not exceed the Value of Eight Pounds Six Shillings and Eight-pence Sterling, exclusive of Expences and Fees of Extract: Provided always, that the Pursuer or Prosecutor shall in all Cases be held to have passed from and abandoned any remaining Portion of any Debt, Demand, or Penalty beyond the Sum actually concluded for in any such Cause or Prosecution.
III Providing Forms of Proceedings.
III. And be it enacted, That all such Causes and Prosecutions which the Pursuers or Prosecutors thereof shall choose to have heard and determined according to the summary Mode hereby provided shall proceed, except as herein-after provided, upon Summons or Complaint, agreeably to the Form in Schedule (A.) annexed to this Act, and containing Warrant to arrest upon the depending Action, stating shortly the Origin of Debt, or Ground of Action, and concluding against the Defender; which Summons or Complaint, being signed by the Sheriff Clerk, shall be a sufficient Warrant and Authority to any Sheriff's Officer for summoning the Defender to appear and answer at the Time and Place mentioned in such Summons and Complaint, not being sooner than upon the Sixth Day after such Citation, and the same, or the Copy thereof, served on the Defender, shall also be a sufficient Warrant for summoning such Witnesses and Havers as either Party shall require; and a Copy of the said Summons or Complaint, with the Citation annexed, and also a Copy of the Account, if any, shall be served at the same Time by the Sheriff's Officer on the Defender personally or at his Dwelling Place, or in case of a Company at their ordinary Place of Business; and the Officer summoning Parties, Witnesses, or Havers shall in all Cases under this Act return an Execution of Citation, signed by him, or shall appear and give Evidence on Oath of such Citation having been duly made; and all such Citations given by an Officer alone without Witnesses, and Executions thereof subscribed by such Officer, shall be good and effectual to all Intents and Purposes.
IV Causes of higher Value than 8 l. 6 s. 8 d. reduced to 8 l. 6 s. 8 d. may be remitted to the Small Debt Roll.
IV. And be it enacted, That in any Cause before the Sheriff's Ordinary Court, in which the Debt, Demand, or Penalty in question shall not exceed the Value of Eight Pounds Six Shillings and Eight-pence Sterling, or shall have exceeded the Value of Eight Pounds Six Shillings and Eight-pence Sterling, but from Interim Decree or otherwise the Value shall, previous to the closing of the Record, be reduced so as not to exceed Eight Pounds Six Shillings and Eight-pence Sterling, exclusive of Expences and Fees of Extract, it shall be competent to the Sheriff, if he shall think proper, and with the Consent of the Pursuer, to remit such Cause to such of his Small Debt Court Rolls as may be proper, either of his own Motion or upon the Motion of any Party in the Cause: Provided that if the Pursuer shall not consent the Provisions of this Act as to the Fees or Expences to be allowed in Causes below the Value of Eight Pounds Six Shillings and Eight-pence brought not according to the summary Form herein provided shall be applied to such Causes subsequent to the Proposition for Remit, if the Sheriff shall think proper so to modify the Expences: Provided also, that when a Case has been remitted by the Sheriff Substitute from the Ordinary Court to the Small Debt Court an Appeal shall be competent to the Sheriff against such Remit, but no Reclaiming Petition shall be allowed against such Remit.
V Recovery of Rents not exceeding 8 l. 6 s. 8 d.
V. And be it enacted, That it shall be competent for the Sheriff in the Small Debt Courts established or to be established under this Act to hear, try, and determine, in the summary Form hereby provided, Applications by Landlords or others having Right to the Rents and Hypothec for Sequestration and Sale of a Tenant's Effects for Recovery of Rent, provided the Rent or Balance of Rent claimed shall not exceed Eight Pounds Six Shillings and Eight-pence Sterling; and the Summons and Warrant of Sequestration and Procedure shall be agreeable to the Forms directed in Schedule (B.) annexed to this Act; and the Officer, when he executes the Warrant, shall get the Effects appraised by Two Persons, who may also be Witnesses to the Sequestration; and an Inventory or List of the Effects, with the Appraisement, shall be given to or left for the Tenant, who shall be cited in Manner and to the Effect aforesaid; and an Execution of the Citation and Sequestration, with the Appraisement of the Effects, shall be returned to the Clerk within Three Days; and on hearing the Application in manner provided by this Act relative to other Causes the Sheriff shall dispose of the Cause as shall be just, and may either recall the Sequestration in whole or in part or pronounce Decree for the Rent found due, and grant Warrant for the Sale of the sequestrated Effects on the Premises or at such other Place and on such Notice as he shall by general or special Regulation direct, and failing such Directions the Sale shall be carried into effect in the Manner herein-after directed for the Sale of poinded and sequestrated Effects; and if after Sequestration the Tenant shall pay the Rent claimed, with the Expences, to the Pursuers, or consign the Rent, with Two Pounds Sterling to cover Expences, in the Hands of the Clerk of Court, the Sequestration shallipso facto be recalled, in case of Payment, on the Clerk writing and signing on the Back of the Summons or Warrant the Words ‘Payment made,’ which, on Evidence being produced to him of Payment of the Rents claimed, with Expences, he is hereby required to do, and in case of Consignation, after the Clerk shall in like Manner have written and signed the Words ‘Consignation made,’ on the same being intimated by an Officer of Court to the sequestrating Creditor.
VI Arrestment of Goods of Defender.
VI. And be it enacted, That the Pursuer of any Civil Cause, including Maritime Civil Causes and Proceedings, may use Arrestment on the Dependence of the Action of any Money, Goods, or Effects to an Amount or Extent not exceeding the Value of Eight Pounds Six Shillings and Eight-pence Sterling, owing or belonging to such Defender, in the Hands of any Third Party, either within the County in which such Warrant shall have been issued or in any other County or Counties: Provided always, that before using such Warrant in any other County it shall be presented to and indorsed by the Sheriff Clerk of such other County, who is hereby required to make such Indorsement on Payment of the Fee herein-after mentioned: Provided also, that any Arrestment laid on under the Authority of this Act shall, on the Expiry of Three Months from the Date thereof, cease and determine, without the Necessity of a Decree or Warrant of loosing the same, unless such Arrestment shall be renewed by a special Warrant or Order, duly intimated to the Arrestee, in which Case it shall subsist and be in force for the like Time and under the like Conditions as under the original Warrant, or unless an Action of Forthcoming or Multiplepoinding, in manner herein-after provided, shall have been raised before the Expiry of the said Period of Three Months, in which Case the Arrestment shall subsist and be in force until the Termination of such Action of Forthcoming or Multiplepoinding.
VII Wages not liable to Arrestment.
VII. And be it enacted and declared, That Wages of Labourers and Manufacturers shall, so far as necessary for their...
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