Chwilio Deddfwriaeth

Sheriff Courts (Scotland) Act 1907

Changes over time for: Sheriff Courts (Scotland) Act 1907 (without Schedules)

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PreliminaryS

1 Short title.S

This Act may be cited for all purposes as the Sheriff Courts (Scotland) Act 1907.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

3 Interpretation.S

In construing this Act (unless where the context is repugnant to such construction)—

(a)[F2 sheriff principal] includes [F2sheriff];

(b)Tenant” includes sub-tenant;

(c)Lease” includes sub-lease;

(d)Action[F3or “cause] includes every civil proceeding competent in the ordinary sheriff court;

(e)Person” includes company, corporation, or association and firm of any description nominate or descriptive, or any Board corporate or unincorporate;

(f)Sheriff clerk” includes sheriff-clerk depute;

(g)Agent” means a law-agent enrolled in terms of the M1Law Agents (Scotland) Act 1873;

(h)Final judgment” means an interlocutor which, by itself, or taken along with previous interlocutors, disposes of the subject-matter of the cause, notwithstanding that judgment may not have been pronounced on every question raised, and that expenses found due may not have been modified, taxed, or decerned for;

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(j)Small Debt Acts” means and includes the Small Debt (Scotland) Acts 1837 to 1889, and Acts explaining or amending the same;

(k)Initial writ” means the statement of claim, petition, note of appeal, or other document by which the action is initiated;

(l)Procurator-Fiscal” means procurator-fiscal in the sheriff-court;

(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(n)Pursuer” means and includes any person making a claim or demand, or seeking any warrant or order competent in the sheriff court;

(o)Defender” means and includes any person who is required to be called in any action;

(p)Summary application” means and includes all applications of a summary nature brought under the common law jurisdiction of the [F2sheriff principal], and all applications, whether by appeal or otherwise, brought under any Act of Parliament which provides, or, according to any practice in the sheriff court, which allows, that the same shall be disposed of in a summary manner, but which does not more particularly define in what form the same shall be heard, tried, and determined;

(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

JurisdictionS

F74 Jurisdiction.S

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Textual Amendments

F75 Extension of jurisdiction. S

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Textual Amendments

F75A Power of sheriff to order sheriff clerk to execute deeds relating to heritage.S

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Textual Amendments

F76 Action competent in sheriff court. S

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Textual Amendments

7X1Privative jurisdiction in causes under fifty pounds value.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9, all causes not exceeding [F10one thousand five hundred pounds] in value exclusive of interest and expenses competent in the sheriff court shall be brought and followed forth in the sheriff court only, and shall not be subject to review by the Court of Session:

. . . F11Provided . . . F11 that nothing herein contained shall affect any right of appeal competent under any Act of Parliament in force for the time being.

Editorial Information

X1Unreliable marginal note

Textual Amendments

F10Words substituted by virtue of S.I. 1988/1993, art. 2

Modifications etc. (not altering text)

C1S. 7 extended (2.10.2000) by S.S.I. 2000/301, rule 4

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12S

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13S

F1410 Privilege not to exempt from jurisdiction.S

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SheriffsS

F1511Appointment of sheriffs and salaried sheriffs-substitute.S

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12, 13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16S

Textual Amendments

F1714 Salaries of sheriffs and sheriffs-substitute.S

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15, 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18S

Textual Amendments

17 Honorary sheriff-substitute.S

The [F19sheriff principal] may by writing under his hand appoint such persons as he thinks proper to hold the office of [F19honorary sheriff] within his sheriffdom during his pleasure, and for whom he shall be answerable. An [F19honorary sheriff], during the subsistence of his commission, shall be entitled to exercise the powers and duties appertaining to the office of [F19sheriff]. An [F19honorary sheriff] shall hold office, notwithstanding the death, resignation, or removal of the [F19sheriff principal], until his commission shall be recalled by a succeeding [F19sheriff principal]. In this section [F19sheriff principal]does not include [F19sheriff.]

Textual Amendments

F19Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

18, 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20S

Textual Amendments

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21S

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22S

22—24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23S

25, 26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24S

AppealsS

27 Appeal to sheriff.S

Subject to the provisions of this Act an appeal to the [F25sheriff principal] shall be competent against all final judgments of the [F25sheriff] and also against interlocutors—

(A)Granting or refusing interdict, interim or final;

(B)Granting interim decree for payment of money other than a decree for expenses, or making an order ad factum præstandum;

(C)Sisting an action;

(D)Allowing or refusing or limiting the mode of proof . . . F26;

(E)[F27Refusing a reponing note; or

(F)]Against which the [F25sheriff] either ex proprio motu or on the motion of any party grants leave to appeal;

  • Provided always that notwithstanding the death, resignation, or removal of a [F25sheriff principal] appeals may be taken from the judgment of the [F25sheriff], which appeals shall be heard by the succeeding [F25sheriff principal] when he shall enter upon office.

  • [F27It shall be competent for the [F25sheriff principal]. 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.]

[F2828 Appeal to Court of Session.S

(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 [F29sheriff principal or sheriff] 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 [F29sheriff principal or sheriff] either ex proprio motu or on the motion of any party, grants leave to appeal:

. . . F30

(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.]

Textual Amendments

F29Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Modifications etc. (not altering text)

29 Effect of appeal.S

An appeal shall be effectual to submit to review the whole of the interlocutors pronounced in the cause, and shall be available to and may be insisted in by all other parties in the cause notwithstanding they may not have noted separate appeals. An appeal shall not prevent immediate execution F31. . . of warrants to take inventories, or place effects in custody ad interim, or warrants for interim preservation, and an interim interdict, although appealed against shall be binding till recalled.

Textual Amendments

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32S

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33S

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34S

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35S

Textual Amendments

RemovingsS

34 Removings. S

Where lands exceeding two acres in extent are held under a probative lease specifying a term of endurance, and whether such lease contains an obligation upon the tenant to remove without warning or not, such lease, or an extract thereof from the books of any court of record, shall have the same force and effect as an extract decree of removing obtained in an ordinary action at the instance of the lessor, or any one in his right, against the lessee or any party in possession, and such lease or extract shall, along with authority in writing signed by the lessor or any one in his right or by his factor or law agent, be sufficient warrant to any sheriff officer or messenger-at-arms of the sheriffdom within which such lands or heritages are situated to eject such party in possession, his family, sub-tenants, cottars, and dependants, with their goods, gear and effects, at the expiry of the term or terms of endurance of the lease: Provided that previous notice in writing to remove shall have been given—

(A)When the lease is for three years and upwards not less than one year and not more than two years before the termination of the lease; and

(B)In the case of leases from year to year (including lands occupied by tacit relocation) or for any other period less than three years, not less than six months before the termination of the lease (or where there is a separate ish as regards land and houses or otherwise before that ish which is first in date):

Provided that if such written notice as aforesaid shall not be given the lease shall be held to be renewed by tacit relocation for another year, and thereafter from year to year: Provided further that nothing contained in this section shall affect the right of the landlord to remove a tenant who has been sequestrated under the M2Bankruptcy (Scotland) Act 1856, or against whom a decree of cessio has been pronounced under the M3Debtors (Scotland) Act 1880, or who by failure to pay rent has incurred any irritancy of his lease or other liability to removal: Provided further that removal or ejectment in virtue of this section shall not be competent after six weeks from the date of the ish last in date: Provided further that nothing herein contained shall be construed to prevent proceedings under any lease in common form; and that the foregoing provisions as to notice shall not apply to any stipulations in a lease entitling the landlord to resume land for building, planting, feuing, or other purposes or to subjects let for any period less than a year.

Modifications etc. (not altering text)

Marginal Citations

35 Letter of removal.S

Where any tenant in possession of any lands exceeding two acres in extent (whether with or without a written lease) shall, either at the date of entering upon the lease or at any other time, have granted a letter of removal, F36. . .such letter of removal shall have the same force and effect as an extract decree of removing, and shall be a sufficient warrant for ejection to the like effect as is provided in regard to a lease or extract thereof, and shall be operative against the granter of such letter of removal or any party in his right within the same time and in the same manner after the like previous notice to remove: Provided always that where such letter is dated and signed within twelve months before the date of removal or before the first ish, if there be more than one ish, it shall not be necessary that any notice of any kind shall be given by either party to the other.

Textual Amendments

F36Words in s. 35 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13)

36 Notice to remove.S

Where lands exceeding two acres in extent are occupied by a tenant without any written lease, and the tenant has given to the proprietor or his agent no letter of removal, the lease shall terminate on written notice being given to the tenant by or on behalf of the proprietor, or to the proprietor by or on behalf of the tenant not less than six months before the determination of the tenancy, and such notice shall entitle the proprietor, in the event of the tenant failing to remove, to apply for and obtain a summary warrant of ejection against the tenant and everyone deriving right from him.

Modifications etc. (not altering text)

C4S. 36 applied (10.6.2002) by Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132), art. 2, {Sch. 1 rule 30.3} (with art. 3)

37 Notice of termination of tenancy.S

In all cases where houses, with or without land attached, not exceeding two acres in extent, lands not exceeding two acres in extent let without houses, mills, fishings, shootings, and all other heritable subjects (excepting land exceeding two acres in extent) are let for a year or more, notice of termination of tenancy shall be given in writing to the tenant by or on behalf of the proprietor or to the proprietor by or on behalf of the tenant: Provided always that notice under this section shall not warrant summary ejection from the subjects let to a tenant, but such notice, whether given to or by or on behalf of the tenant, shall entitle the proprietor to apply to the [F37sheriff principal] for a warrant for summary ejection in common form against the tenant and every one deriving right from him: Provided further that the notice provided for by this section shall be given at least forty days before the fifteenth day of May when the termination of the tenancy is the term of Whitsunday, and at least forty days before the eleventh day of November when the termination of the tenancy is the term of Martinmas.

Textual Amendments

F37Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Modifications etc. (not altering text)

C5S. 37 applied (10.6.2002) by Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132), art. 2, {Sch. 1 rule 30.3} (with art. 3)

[F3837AException for certain tenanciesS

The provisions of this Act relating to removings (including summary removings) shall not apply to or in relation to short limited duration tenancies or limited duration tenancies within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11).]

Summary RemovingsS

38 Summary removing.S

Where houses or other heritable subjects are let for a shorter period than a year, any person by law authorised may present to the [F39sheriff principal] a summary application for removing, and a decree pronounced in such summary cause shall have the full force and effect of a decree of removing and warrant of ejection. Where asuch a let is for a period not exceeding four months, notice of removal therefrom shall, in the absence of express stipulation, be given as many days before the ish as shall be equivalent to at least one-third of the full period of the duration of the let; and where the let exceeds four months, notice of removal shall, in the absence of express stipulation be given at least forty days before the expiry of the said period.

[F40Provided that in no case shall notice of removal be given less than 28 days before the date on which it is to take effect.]

Textual Amendments

F39Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Modifications etc. (not altering text)

C6S. 38 applied (10.6.2002) by Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132), art. 2, {Sch. 1 rule 30.3} (with art. 3)

[F4138A Notice of termination in respect of dwelling-houses.S

Any notice of termination of tenancy or notice of removal given under section 37 or 38 above in respect of a dwelling-house, on or after 2nd of December 1974, shall be in writing and shall contain such information as may be prescribed by virtue of section 112 of the M4Rent (Scotland) Act 1984, and Rule 112 of Schedule 1 to this Act shall no longer apply to any such notice under section 37 above.]

Textual Amendments

Marginal Citations

[F42Consistorial CausesS

38B Lord Advocate as party to action for divorce.S

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4438C]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Procedure RulesS

39 Procedure rules.S

Subject to the provisions of any Act of Parliament in force after the passing of this Act, the procedure in all civil causes shall be conform to the rules of procedure set forth in the First Schedule hereto annexed. Such rules shall be construed and have effect as part of this Act.

Modifications etc. (not altering text)

C7S. 39 excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

F4540 Court of Session to regulate fees, &c.S

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41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46S

42—48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47S

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48S

Summary ApplicationsS

50 Summary applications.S

In summary applications (where a hearing is necessary) the [F49sheriff principal] shall appoint the application to be heard at a diet to be fixed by him, and at that or any subsequent diet (without record of evidence unless the [F49sheriff principal] shall order a record) shall summarily dispose of the matter and give his judgment in writing: Provided that wherever in any Act of Parliament an application is directed to be heard, tried, and determined summarily or in the manner provided by section fifty-two of the M5Sheriff Courts (Scotland) Act 1876, such direction shall be read and construed as if it referred to this section of this Act: Provided also that nothing contained in this Act shall affect any right of appeal provided by any Act of Parliament under which a summary application is brought.

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50S

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51S

Yn ôl i’r brig

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