Court of Session Act 1821

XI Direction of Brieves to the Macers in Services prohibited.

And whereas it is expedient to abolish the Practice of directing Brieves to the Macers of the Court of Session in certain' Services ; be it enacted, That in all Cases in which it is now lawful and competent to grant Commission by Authority of the Court of Session, to the said Macers for proceeding in any Service, and in which the Brief issued from Chancery is thereupon directed to the Macers, such Commission shall, from and after the Twentieth Day of June in this present Year, be granted, and such Brief issued, according to similar Forms, to the Sheriff Depute of Edinburgh, or his Substitute, as Sheriff in that Part specially, constituted, whether such Service may relate to Lands and Heritages situated in or beyond the Sheriffdom of Edinburgh, of in several Sheriffdoms; and in all Cases of Competition of Brieves as well as where a Party claiming Right to appear and oppose a Service, shall make such Appearance, either Party may apply for and obtain Advocation of the Brieves to the Court of Session, not only from any inferior Judge, but also from the said Sheriff of Edinburgh, acting under special Commission; and the Lord Ordinary, before whom the Letters of Advocation shall be called, shall advocate the Brief, and remit to the Fifth or Junior permanent Lord Ordinary for the Time, to be Judge in the said Service, without Prejudice, nevertheless, to the Power of the Court, whether on Declinature or any other Cause shown, to remit to any other Ordinary to be Judge in any Service; and every such Service, whether before the Lord Ordinary on Advocation, or before the Sheriff of Edinburgh on Special Commission, shall proceed in the same Place, Form, and Manner (unless in so far as the same may hereafter be otherwise regulated in Manner hereinafter authorized) as Services have hereto fore preceeded before the Macers, except that the said Sheriff shall not be required to take any Oath de fideli Administratione, as in the Case of the Macers; and that the Practice of applying to the Court for Assessors shall be and is hereby abolished ; and the Court of Session is hereby empowered, by any Act or Acts of Sederunt, to make such Rules and Regulations as may be deemed expedient for altering and amending the Form and Manner of issuing of Brieves and executing the same, and of conducting the Procedure in such Services; and for every such Service, deduced before the said Sheriff on Commission, he shall be entitled to a Fee of Five Guineas on every Service in Lands whereof the valued Rent is upwards of Two thousand Pounds Scots, and in every Service of a Peer, and of Two Guinea in every other Service.