Game (Scotland) Act 1772 (repealed)

11 AppealF1 F2 E+W+S

Provided always that it shall and may be lawful to or for any person conceiving himself or herself aggrieved by any decree of the justices of the peace, or sheriff, or stewart-depute, or substitute, in such prosecutions, to complain and seek relief by appeal to the next circuit court of justiciary of the circuit wherein the county is where the decree is pronounced; or where there are no circuit courts, to the Court of Justiciary at Edinburgh, by taking and entering an appeal in open court at the time of pronouncing such decree, or at any time thereafter within ten days, by lodging the same in the hands of the clerk of the court, and serving the adverse party with a duplicate thereof personally, or at his dwelling house, or his procurator or agent in the cause; and such service shall be sufficient summons to oblige the prosecutor to attend and answer at the next circuit court which shall happen to be held, at least fifteen days after service, or at the first court of justiciary which shall be held at Edinburgh, in the case where there are no circuit courts, at least fifteen days after such service; and thereupon the judge or judges at such circuit court, or in the Court of Justiciary at Edinburgh, shall and may proceed to cognosce, hear and determine; and in case they shall find the reasons of any such appeal not relevant or not instructed, or shall determine against the party appealing, the judge or judges shall condemn the appellant in such costs of suit as shall appear to be just and reasonable, and the decree to pronounced shall be final and conclusive to the parties.

Textual Amendments applied to the whole legislation

F1 Words repealed by Statute Law Revision Act 1948 (c. 62), s. 4(b)

F2 Words repealed by Statute Law Revision Act 1948 (c. 62), s. 4( b )