Court of Session Act 1821

XXXIII Decreets in Absence not to be extracted without the Account of Expences being taxed by the Auditor.

And be it enacted, That from and after the passing of this Act, it shall not be lawful to extract any Decree for the random Sum of Expences concluded for in the Summons; and that in all Cases in which Decree is pronounced in Absence of the Defender or Defenders, an Account of Expences shall be lodged in Process, and taxed by the Auditor, and that a Report thereon by the Auditor shall be a sufficient Warrant and Authority to the Extractor to fill up the Amount of Expences to be awarded against the Defender or Defenders in the extracted Decree, without the said Report being brought under the Consideration of the Lord Ordinary, unless by his own Direction, or that of the Auditor, or on the Motion of any Party interested; and for the taxing of all such Accounts, in Cases of Decrees in Absence, the Auditor shall be entitled to charge a Fee of Five Shillings, and no more, when the Amount of the Account shall not exceed the Sum of Ten Pounds Sterling; and when the Amount of the Account shall exceed that Sum, he shall be entitled to charge according to the Rates of Fees specified and contained in the Schedule annexed to the aforesaid Statute passed in the Fiftieth Year of the Reign of His late Majesty.