Titles to Land Consolidation (Scotland) Act 1868

33 Procedure before the Sheriff, and the Effect of his Judgment.

In regard to all Petitions of Service presented to the Sheriff of Chancery or to the Sheriff of a County respectively, where the deceased died in Scotland, no Evidence shall be led and no Decree pronounced thereon by such Sheriff until after the Lapse of Fifteen Days from the Date of the latest Publication, or where Publication is to be made in Orkney or Shetland, or the Petition is presented to the Sheriff of Orkney or Shetland, until after the Lapse of Twenty Days from such Date; and in regard to all Petitions of Service to be presented to the Sheriff of Chancery where the Deceased died abroad, no Evidence shall be taken and no Decree pronounced thereon by him until after the Lapse of Thirty Days from such Date; and it shall be lawful, after the Lapse of the Times respectively above mentioned, to the Sheriff to whom such Petition of Service shall have been presented, by himself, or by the Provost or any of the Bailies of any City or Royal or Parliamentary Burgh, or by any Justice of the Peace for any Part of the United Kingdom wherever such Justice of the Peace may happen to be for the Time, whether within the United Kingdom or Abroad, or by any Notary Public, all of whom are hereby authorized to act as Commissioners of such Sheriff without special Appointment, or by any Commissioner whom such Sheriff may appoint, to receive all competent Evidence, documentary and parole, and any parole Evidence so received shall be taken down in "Writing according to the Practice in the Sheriff Courts of Scotland existing prior to the First Day of November One thousand eight hundred and fifty-three, and a full and complete Inventory of the Documents produced shall be made out, and shall be certified by the Sheriff or his Commissioner aforesaid; and on considering the said Evidence the Sheriff shall, without the Aid of a Jury, pronounce Decree, serving the Petitioner in Terms of the Petition, in whole or in part, or refusing to serve the said Petitioner, and dismissing the Petition, in whole or in part, as shall be just; and the said Decree shall be equivalent to and have the full legal Effect of the Verdict of the Jury under the Brieve of Inquest according to the Law and Practice existing prior to the said Fifteenth Day of November One thousand eight hundred and forty-seven.